Agenda_2020_3_3_MeetingCITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: March 3, 2020
AGENDA TITLE
Consideration of a motion to accept the Study Session Summary from the February 11
study session on the Boulder Public Library Master Plan Follow Up.
PRESENTERS
Jane S. Brautigam, City Manager
Tanya Ange, Deputy City Manager
David Farnan, Director of Library and Arts
Kady Doelling, Executive Budget Officer
David Gehr, Chief Deputy City Attorney
Janet Michels, Senior Assistant City Attorney
Kara Skinner, Assistant Director of Finance
Alyssa Dinberg, Management Analyst
EXECUTIVE SUMMARY
At the July 24, 2018 City Council study session, staff presented an overview of the draft Boulder
Public Library Master Plan including a summary of community input and master plan goals. The
Library Commission’s conclusions and recommendations about the master plan and library
funding were also presented. Council provided direction that staff should move forward with
hiring a consultant to perform a balanced and impartial analysis of all funding needs and options
for funding each service level outlined in the 2018 Boulder Public Library Master Plan. Based on
council direction, and in-depth financial analysis was conducted by the George K. Baum &
Company (GKB).
Council also requested information on governance, process, structure, and asset allocation related
to the formation of a library district. A legal analysis was conducted to determine the governance
issues required under Colorado law for creating and operating a library district. Library districts
have their own section of Colorado law - Colorado Library Law, C.R.S. § 24- 90-101, et seq.
The law firm Seter Vander Wall P.C provided a report about the formation of a library district.
The law firm compared library district formation by ordinance and by petition and provided
Item 3B - Study Session Summary - Boulder Public Library Master Plan Follow Up - Page 1
information about the Poudre River Public Library District (Fort Collins), the Berthoud Public
Library District and Jefferson County Public Library.
STAFF RECOMMENDATION
Suggested Motion Language:
Staff requests council consideration of this matter and action in the form of the following
motion:
Motion to accept the summary of the February 11 study session on the Boulder Public
Library Master Plan Follow Up. The summary is included as Attachment A to this
agenda item.
BACKGROUND
The 2018 Boulder Public Library (BPL) Master Plan was accepted on September 4, 2018. The
plan outlines community-driven goals for the next ten years. It is designed to serve as guide for
how the library sustains outputs, meets growing demand, and builds a resilient and sustainable
future. It identifies two key development priorities to:
•Strategically address ongoing growth in demand and future needs identified for the entire
community with specific focus on youth as well as underserved community members and
neighborhoods.
•Sustain quality service and current service level needs (created by past growth in
demand)
with adequate funding and address a backlog of facilities maintenance.
Following acceptance of the Master Plan, council directed staff to hire a consultant to perform a
balanced and impartial analysis of all funding needs and options for funding each service level in
the plan as well as information on governance, process, structure, and asset allocation related to
the formation of a library district. This information was presented during the November 27, 2018
study session.
NEXT STEPS
There will be a public hearing on March 17 with council direction on the future state of the
library service model.
ATTACHMENTS
A.Summary of the February 11 City Council Study Session
Item 3B - Study Session Summary - Boulder Public Library Master Plan Follow Up - Page 2
February 11, 2020
City Council Study Session Summary
Financial/Revenue and Budget Update
PRESENT
Council Members: Sam Weaver, Bob Yates, Aaron Brockett, Rachel Friend, Junie Joseph,
Mirabai Kuk Nagle, Adam Swetlik, Mark Wallach and Mary D. Young.
Staff Members: David Gehr, Kady Doelling, Tanya Ange and David Farnan.
PURPOSE
The purpose of the February 11, 2020 Study Session was to present information regarding
governance, process, structure and financial analysis related to the formation of a library district.
PRESENTATION
Chief Deputy City Attorney, David Gehr, began the presentation by providing background on the
library district evolution and how we got to the conversation tonight. Mr. Gehr then explained
that a library district can be formed two ways: by resolution/ordinance or by petition. He
presented a chart that showed the major steps in each process and highlighted the similarities and
differences. Mr. Gehr provided more detail on each process in subsequent slides.
Resolution/Ordinance
If a library district is a desirable outcome, Mr. Gehr highlighted that establishing the district by
resolution or ordinance allows greater control of the process. It allows the establishing entities to
determine the appropriate boundaries of the district. The library law also provides that a number
of issues may be addressed in the resolution/ordinance and the subsequent intergovernmental
agreement between the newly formed library district and the participating governmental entities,
which would be the city and Boulder County.
He then explained that once a petition to form a library district is filed with the Board of County
Commissioners, the establishing entities must hold public hearings, after published notice, to
discuss the purpose of the library district, its powers and the financial and other obligations of
the establishing entities, if any. The entity that wishes to propose a library district is required to
give 90 days’ written notice of the proposed establishment to any “governmental unit” that
maintains a public library so that they may determine whether to participate in the district.
Governmental entities that intend to establish a library district by resolution or ordinance are
required to describe in the resolution or ordinance the proposed district’s legal service area,
specify the mill levy and property tax dollars to be imposed or other type and amount of funding
and state that the electors of the library district must approve any amount of tax levy. The library
district is established upon adoption of the resolution or ordinance.
The resolution or ordinance may set up a system for the establishing entities to appoint the first
library district board of trustees (5 or 7 members). Within 90 days after appointment of the
trustees to the board, the establishing entities and trustees must enter into an intergovernmental
agreement (“IGA”) describing the rights, obligations and responsibilities to one another, if any.
Item 3B - Study Session Summary - Boulder Public Library Master Plan Follow Up - Page 3
Petition
Mr. Gehr then shifted to establishing a district by petition. He emphasized that 100 electors
residing in the proposed library district “service area” can trigger an election to form a district by
petition. The petition is required to be addressed to the county commissioners of each county
proposed to be included in the district and must be filed at least 90 days before a TABOR
election. The petition process is required to follow C.R.S.§ 24-90-107(3):
a.The petition must include a request for establishment of the district; identify the
governmental units involved; provide the name of the proposed library, including the
words “library district”; contain a description of the “service area”; and specify the
proposed mill levy; all in compliance with C.R.S.§ 24-90-107(3)(a).
b.At the time of filing the petition, the petitioners must file a bond to pay election expenses
in the event the election is unsuccessful unless waived by the county.
c.Once in receipt of the petition, the establishing entities must either adopt a resolution or
ordinance establishing the district or submit the question of establishment to a vote.
Either way, a TABOR election will be required to establish the mill levy that will fund
the proposed library district.
d.After a successful election, the legislative body of each establishing governmental unit
shall establish the library and provide for its financial support beginning on or before
January 1 of the year following the election.
e.As with establishing a library district by resolution or ordinance, upon establishment of a
library district by petition, following a successful election, the legislative bodies of the
establishing governmental units must appoint 5 or 7 library trustees. These trustees will
then negotiate an IGA, with each participating governmental unit, to address the same
matters for a library district that is formed pursuant to an ordinance or resolution. Each
participating governmental unit and the library board must enter into an IGA within 90
days of after appointment of the library board of trustees, or as extended by mutual
agreement of the parties. C.R.S. § 24-90-107(c)(h).
Financial Information
The presentation then shifted to the financial portion where Executive Budget Officer, Kady
Doelling, informed council of the assumptions she used in the analysis. The assumptions include
eliminating the city’s 0.333 mills dedicated to the library and the financial impact is calculated at
3.85 mills, which is aligned with the Library Champions rate.
Ms. Doelling presented two charts – the first displaying total library costs compared to the
second chart which showed the operating sources for the library. Total library costs include the
operating expense along with administrative overhead and facilities maintenance/capital
expenses. The operating expenses is funded 83% from the General Fund and 17% from the
dedicated 0.333 mills in the Library Fund.
Ms. Doelling shifted to explaining the three proposed boundary lines of a library district as
presented in November 2018. The first boundary is the city limits, which captures roughly 65%
of library card holders. Mr. Farnan clarified that the Library has a system where it keeps library
card up to date and purges people that do not use them from the system on an ongoing basis. Ms.
Doelling explained that the expanded boundary captures 80-85% of library card holders.
Item 3B - Study Session Summary - Boulder Public Library Master Plan Follow Up - Page 4
Depending on the boundary, revenue generated from 3.85 mills would be between $16-20
million. She then translated the 3.85 mills for a $850,000 property. For residential property, the
increase would be $234 annually and commercial would be $949 annually. Comparing the
current property tax rate to surrounding communities, Boulder has the third lowest mill rate and
with the potential of a district, it would be the fifth lowest. Ms. Doelling finished the financial
portion by reminding council of the various unfunded needs throughout the city.
Questions for Council
The presentation concluded with Ms. Doelling explaining the next steps and posed the following
two questions to council:
1.Does council have questions about library district governance, structure, process or
financing?
2. Is there additional information council directs staff to prepare for the March 17 public
hearing?
CLOSING REMARKS AND DISCUSSION
Council had several questions and clarifications regarding the petition or resolution/ordinance
process. Outside legal counsel, Kim Seter, fielded many of the questions. Council had the
following questions related to the petition process:
What are the options for the city if a petition is filed?
o The statute provides the city an opportunity to opt out of the district if it does not
want to participate in the district. The city may also allow the petition to be
certified and placed before the voters of the proposed district boundaries. The
other option is for the city and the county to pass a resolution or ordinance
forming the district. C.R.S. § 24-90-107(3)(d).
Who is the establishing entity?
o The Library Law requires that the petitioners identify the governmental unit or
units establishing the library. C.R.S. § 24-90-107(3)(a)(II). The Boulder Library
Champion’s petition identifies the city and the county as the establishing entities.
See § II of the petition.
Who determines the boundaries of the library district?
o In the case of formation by petition, it is the petitioners. In the case of formation
by resolution or ordinance, the boundaries are established by the legislative bodies
of the participating governmental units. C.R.S. § 24-90-107(2)(c).
Who determines the board members?
o If a library district established by more than one governmental unit, the legislative
body of each participating governmental unit shall appoint two of its members to
a committee that shall appoint the initial board of trustees. Thereafter, any such
legislative body or bodies may either continue such a committee or delegate to the
board of trustees of the library district the authority to recommend new trustees.
Trustee appointments shall be ratified by a two-thirds majority of the legislative
body; except that the failure of a legislative body to act within 60 days upon a
recommendation shall be considered a ratification of such appointment. C.R.S. §
24-90-108(2)(c). Thereafter, the method of appointment or election to the Board
may be governed by the bylaws of the board of trustees of the district. C.R.S. §
Item 3B - Study Session Summary - Boulder Public Library Master Plan Follow Up - Page 5
24-90-109(1)(a). The method of trustee selection may also be addressed in the
required intergovernmental agreement. C.R.S. § 24-90-107(3)(h).
Is a TABOR vote required when a district is created by way of the petition process?
o No. The requirement is that if a majority of the electors voting on the question
vote in favor of the establishment of a library district, the legislative body of each
establishing governmental unit will provide for its financial support beginning on
or before January 1 of the year following the election. C.R.S. § 24-90-107(3)(g).
For example, Gilpin County provides revenue for its library district.
o Typically, a TABOR vote to authorize taxation is requested to be placed on the
ballot along with district formation question. The Boulder Library Champions
petition requests that the county commissioners place a TABOR question on the
ballot.
Does the vote precede the Intergovernmental Agreement (IGA)?
o The vote to establish the library district precedes the IGA. If the vote to establish
the library district is successful, the Colorado Library Law requires the legislative
body of each participating governmental unit and the library board of trustees to
enter an IGA within 90 days after the appointment of the library board of trustees.
C.R.S. § 24-90-107(3)(h).
How long does the IGA process take?
o The statute requires that the IGA be completed within 90 days after the
appointment of the library board of trustees or such other time that is mutually
agreeable to the participating governmental units and the library district board.
C.R.S. § 24-90-107(3)(h). Many other districts have taken longer than 90 days to
develop the IGA. In the case of Ft. Collins, after the election, the governmental
units entered an interim IGA, and later replaced it with a more detailed IGA to
guide the relationships between the parties.
Is there a way to engage in a process of negotiation to determine what the IGA will look
like before going through a vote?
o In order to have an IGA you have two sides to negotiate the agreement. Where a
petition to establish the district is put to a vote, the IGA cannot be negotiated
before the vote to establish the district. If the vote is successful, the legislative
bodies of each establishing governmental unit must establish the district, appoint
the library district board of trustees, and then negotiate the IGA between the
governmental units and the district trustees.
o Negotiating an IGA before the TABOR election could occur if the city and county
form the district by resolution or ordinance. In that case the city and county can
provide within the resolution or ordinance that the district will be dissolved if the
funding does not take place within a certain timeframe, as well as establish the
other conditions, district governance and describe the rights, obligations and
responsibilities of the parties to one another.
What happens with assets?
o The library law does not specify an approach of dealing with the library assets
that will need to be addressed in the transition from a municipal library to a
library district. It provides that the IGA should address the transition from a
library to a library district, including things like ownership of the library's real and
personal property, personnel and the provision of administrative services during
Item 3B - Study Session Summary - Boulder Public Library Master Plan Follow Up - Page 6
the transition. § 24-90-107(3)(h)(I). Typically, the city assets are either conveyed
or leased at a nominal amount to the district. Cities often place terms and
conditions on the district for such conveyance.
Can the district raise mill levy at any time without city say?
o Yes. The district is a political subdivision of the state with the power to levy
property taxes. The legislative body of the district (the board of trustees) is
authorized to approve taxes. See § 24-90-112(1)(a)(I). Additional taxes may be
levied after the establishment of the first mill levy if it is adopted in compliance
with the taxpayer bill of rights. See § 24-90-112(3).
What is the opt out time frame?
o The petition committee must submit its petition at least 90 days before a TABOR
election. The county will provide the city with notice that they are going to
address the petition; the city has 30 days from the date of that notice to opt out.
Shifting to the financial section, council discussed the differences between the direct and indirect
cost of the library, especially as is relates to the portion the city would see if a district was
created. Council also focused on the impact to property owners within the city and outside city
boundaries and the disproportionate impact to commercial properties due to state laws. For the
March 17 memo and presentation, council requested the following:
Financial information displayed as revenue dollars per patron served in the various
boundaries.
Additional information regarding the number of commercial properties affected in a
proposed library district and the increase as a percent change in addition to the monetary
increase.
Combined tax burden analysis for City of Boulder residents.
Value of library book collection.
Further clarification on the financial impact to the city if a library district is formed.
Options for property tax rebates that the district could provide.
NEXT STEPS
There will be a public hearing on March 17 with council direction on the future state of the
library service model.
Item 3B - Study Session Summary - Boulder Public Library Master Plan Follow Up - Page 7
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: March 3, 2020
AGENDA TITLE
Consideration of a Motion authorizing the City Manager to enter a Lease with
Women’s Wilderness Institute concerning the use of the Harbeck-Bergheim House
PRESENTER/S
Jane S. Brautigam, City Manager
Yvette Bowden, Director, Community Vitality
Alison Rhodes, Director, Parks and Recreation
Jeff Haley, Planning, Design and Community Engagement Manager
Margo Josephs, Community Partnerships and Outreach Manager
Tina Briggs, Parks Planner
Caitlin Berube-Smith, Historical and Cultural Asset Coordinator
EXECUTIVE SUMMARY:
This item provides City Council with an update concerning the Parks and Recreation
department’s Harbeck-Bergheim House project and seeks Council’s support of a motion
authorizing the City Manager to enter a lease agreement with, Women’s Wilderness
Institute, as the identified preferred tenant of the Harbeck-Bergheim House - a city-
owned, locally designated historic landmark located at 1206 Euclid Avenue, Boulder,
CO.
This memorandum includes information on the department’s application of a Council,
PRAB and community supported process in selection of a preferred tenant and an
overview of how the proposed lease terms aligns with prior Council direction. The
parties have negotiated in good faith and propose a lease with an initial term of April 1,
2020 – March 31, 2023 as further described in this document.
Item 3C - Harbeck-Bergheim House Lease Agreement 1
The proposed agreement:
Enhances the city’s ability to ensure the long-term care and preservation of the home;
Provides public access and allows community beneficial opportunities for use and
subleasing to community serving organizations;
Considers and supports tenancy respecting neighborhood compatibility
considerations; and
Aligns with Master Plan direction concerning community building partnerships, and
the financial sustainability of the department’s facilities and programs (Master Plan
Theme 3D).
As the negotiated terms call for a lease term of greater than three years, Council
support is required.
Suggested Motion Language:
Staff requests Council’s consideration of the following motion:
Motion to approve the Lease Agreement between the City of Boulder and Women’s
Wilderness Institute and to authorize the City Manager to make minor amendments prior
to or during the term of this agreement in order to ensure that the Harbeck-Bergheim
House is managed in a manner that is consistent with applicable laws, the policies and
regulations of the City of Boulder and the Declaration of Use applicable to the property.
BOARD AND COMMISSION FEEDBACK:
During an earlier phase of the project, representatives of both the Landmarks Board and
the Parks and Recreation Advisory Board participated in a joint board meeting
considering future options for the home’s use and giving input toward the tenant selection
criteria ultimately approved by City Council during the April 16, 2019 regular meeting.
PRAB discussed the draft lease at the January 27, 2020 business meeting and
subsequently approved the draft lease during its February 24, 2020 business meeting,
with an amendment to further clarify the ability for community members/groups to use
the space at cost (e.g. paying for any cleaning fees or associated WWI staffing needs)
PUBLIC FEEDBACK:
The community provided extensive input on the project, including responses to
department issued surveys, participation in stakeholder meetings and open houses and
through comments during PRAB meetings and the project-related public hearing over the
course of the past two years. Throughout the project, staff has also kept the community
informed by providing press releases, a monthly subscriber email, several Channel 8
news segments, community newsletter content, features in the department’s Recreation
Guide, and a dedicated project webpage. The public has also provided valuable
volunteerism during the project contributing to project-related research, repairs to the
home, its signature Tiffany-styled window and surrounding grounds.
BACKGROUND:
Over the past two years, Boulder Parks & Recreation (the department or BPR) has
explored the community’s preferences concerning future use of the Harbeck-Bergheim
House following the relocation of the home’s prior tenant, the Museum of Boulder. This
Item 3C - Harbeck-Bergheim House Lease Agreement 2
exploration project, initiated in April 2018, was implemented as a four-phased process
and included extensive community, technical and historic-preservation expert
engagement, the acquisition of case studies, a Memo of Interior Character Defining
Features , a property appraisal, and an inspection of the home which were the subjects of
several PRAB consent items and specific PRAB packet memoranda. The department’s
exploration was further informed by recommendations arising out of a joint meeting of
representatives from the city’s Landmarks Board and PRAB as accompanied by Historic
Preservation and Parks & Recreation staff on February 21, 2019.
At the April 16, 2019 meeting, City Council approved the “motion to support the
exploration of a lease for the Harbeck-Bergheim House at market rate favorably
considering community values but expected to be no less than full cost recovery” based
on staff presentation and recommendations. Finally, the department has worked
throughout the project to ensure that stakeholders and broader community were regularly
apprised of the exploration project’s progress via open houses, guided tours, social
media posts, press-releases, a monthly subscriber email updates and a regularly refreshed
dedicated city webpage. The project has now progressed to the identification of a
preferred tenant organization, negotiated terms and recommended support of those terms
which was unanimously supported by PRAB during their February 24, 2020 regular
meeting.
ANALYSIS:
Following PRAB’s and Council’s approval of staff’s recommendation to lease the
Harbeck-Bergheim House, the department issued a request for services of a local realty
company to support solicitation, consideration and negotiation of terms for a preferred
tenant. The Colorado Group was retained to provide these services.
The Competitive Process and Selection Criteria
Simultaneous to updating the project’s dedicated website, staff pushed multiple social
media blitzes, used eblasts, and sent e-mail notifications to announce the opening of the
competitive proposal solicitation and consideration process. In addition to the high level
of staff effort to spread the word, The Colorado Group used multiple avenues including
direct marketing to real estate agents/brokers and non-profit agencies in addition to
standard real estate marketing practices. These notices directed that interested parties
could submit proposals before the November 1, 2019 closing date directly to The
Colorado Group. The Colorado Group then advised staff that five timely submissions
were received and conducted a review of those submissions, resulting in a varying degree
of satisfaction and completeness The Colorado Group also provided their feedback of the
pros and cons of each proposal and a recommendation from their expert real estate
perspective. Staff then further weighted the proposals with emphasis on the community-
supported criteria and alignment with the department Master Plan. A comparison of final
rankings on those proposals is as follows:
Item 3C - Harbeck-Bergheim House Lease Agreement 3
Overall Ranking
Proposal 1
(Women’s
Wilderness)
Proposal
2
Proposal
3
Proposal
4
Proposal
5
Total Ranking
(lowest # is best) 5 15 11 19 10
Applying community, council and PRAB supported selection criteria and reflecting the
above-referenced final proposal ranking, the city has determined to proceed to lease
negotiations with the proposal submitted by Women’s Wilderness. During PRAB’s
initial discussion of the lease arrangement, additional information concerning the
compared proposals was requested, which were responded to in the PRAB Action Item
memorandum, dated February 24, 2020.
About the Preferred Tenant Organization
Women’s Wilderness, established in 1998, is a Boulder-based nonprofit organization
which supports girls, women and the LGBTQ+ people in accessing their power and
improving their health through connections to the outdoors and community. They
currently operate from offices located at 2845 Wilderness Place in Boulder. Since their
inception, the organization has served over 6,500 community members and, through the
support of donors, awarded over $400,000 in financial aid supporting inclusive
programming in the community.
Agreement Terms Overview -
The Harbeck-Bergheim House is a highly valued and unique department asset. Under the
proposed negotiated terms of the lease agreement, the home would remain a City of
Boulder property and department asset with its exterior protected by existing applicable
local landmark designation. The parties have negotiated in good faith over the course of
several months developing a mutually beneficial model for the lease reflecting
community considerations and department master plan alignment further described
below.
Term & Termination - The parties have agreed to a term of three (3) years with an
option of two three (3) year renewal period for a total possible length term of nine
(9) years as the parties might subsequently agree in writing. Relevant termination
provisions are outlined in the Agreement concerning a security deposit, liability,
insurance and notice which are consistent with the City’s standard leasing
practices.
Use – The parties agree that the home’s use will be limited to those activities
required for the tenant’s organization including administration, its owned gear
storage, program related food preparation, course and curriculum development
and instruction, hosted events, classes, meetings and receptions as allowed by
applicable zoning and approved use. Any sub-leased or one-time rental of the
home (or any portion of the home) by the tenant are required to conform to the
same uses and limitations. The home, currently subject to a non-conforming use,
will be administratively reviewed in accordance with the lease’s anticipated
continued nonconforming use.
Item 3C - Harbeck-Bergheim House Lease Agreement 4
Rent and Maintenance – The parties have agreed that Women’s Wilderness will
remit $1,600 base rent to the department each month during the initial three-year
lease term. The department will also receive a portion of the organization’s
sublease income (if any) which amount escalates annually each year. Women’s
Wilderness will also perform certain routine cleaning, maintenance and some
minor repairs and will assume responsibility for the utilities (water, electric).
Collectively, these responsibilities and payments are not expected to satisfy the
full cost of the City’s ongoing care and full maintenance of the home.
Nevertheless, these amounts and assumed responsibilities will substantially offset
those costs.
Protection of the Interior – Illustrating the city’s stewardship, negotiated terms of
the lease provides protections for specifically identified interior character features
of the home. In developing terms associated with the home’s interior protections,
staff sought the input of historic preservation architects and experts. Proposed
lease terms outline and provide for regular inspection of the home’s interior
features in order to ensure their upkeep, normal wear and tear expected, and
provides for how any damage or destruction would be handled. Further
information concerning the protection of interior features is provided below.
Public Access and Community Benefit – Proposed lease terms afford community
benefit and public access derived through the lease and consistent with the values
expressed by the community through the project’s public engagement process.
This degree of public access and community use appreciates the home’s
proximity to surrounding residences to maintain local quality of life, affords
affordable sublease opportunities for community serving organizations and
anticipates at-cost use by community groups and organizations desiring affordable
space for meetings, receptions and small events. At a minimum, the Parties have
agreed to public access at least four days out of each year during the term of the
Agreement and use by the City for certain meetings and events.
Alignment of the Terms with Community Values
During earlier phases of the lease exploration project, the community identified several
“community values” prioritized for consideration of any lease or sale of the Harbeck-
Bergheim House. Information on how negotiated lease terms align with those values
follows.
Interior preservation – Throughout this project’s community engagement effort,
stakeholders expressed interest in ensuring the protection of specific interior
features of the home. Staff secured the services of Anderson Hallas Architects,
PC. to complete a Memo of Interior Character Defining Features which
highlighted intact interior character defining features of the home. Staff
subsequently contacted The Colorado Historic Foundation in the city’s
exploration of means to protect several specific interior features. The creation of
an interior easement was considered but was not advised by the city’s legal
counsel. This is because the use of interior easements with regard to City-owned
properties has not yet been explored by Council as a policy matter. In addition,
Item 3C - Harbeck-Bergheim House Lease Agreement 5
establishing any third-party interests and rights would, in essence, create an
ability to dictate use of city financial resources (taxpayer dollars) in the future. In
the alternative and preserving all intent and protections which would have
otherwise been afforded the city under an easement, staff determined to codify
and file a Declaration of Use as a means of protecting those features.
Declarations of Use are filed by a property’s owner with Boulder County and are
applicable to the owner’s “heirs, successors in interest and assigns, both jointly
and individually”. In this instance, the City of Boulder (as owner) would file a
Declaration of Use for the Harbeck-Bergheim House with the county and make
adherence to the Declaration of Use a condition of the proposed lease agreement
with Women’s Wilderness. The proposed lease also provides for inspections to
be conducted during the lease term to assess the care and upkeep of those
features. The city envisions that those inspections would be conducted with the
assistance of experts familiar with the care of such features.
Neighborhood Compatibility – The community also placed significant value of
proposed lease use compatibility with the University Hill neighborhood
particularly as it relates to impact of any noise, traffic or parking impacts.
Considering Women’s Wilderness’ small staff size (under 5), normal operating
hours (typically 9-5pm M-F year-round) and modest plans for subleasing and
community use, few impacts are anticipated as they relate to neighborhood
compatibility.
Public Access, Community Benefit and Community Use – The community
expressed interest in ensuring that any lease of the Harbeck-Bergheim House
would contribute to the community and afford some degree of public access
throughout the term of the Agreement. Aside from the lease’s proposed financial
and in-kind contribution to the home’s use and care, negotiated terms secure
ongoing public access and provide for affordable space options potentially
utilized by other community-serving organizations and groups.
Alignment of the Terms with BPR Master Plan
Similarly, the community, PRAB and council stressed that any lease of the Harbeck-
Bergheim House should consider that arrangement’s alignment with the department’s
Master Plan which was approved by City Council in 2014. Information on how
negotiated terms align with the department’s Master Plan direction follows.
Financial Sustainability – Proposed lease terms will provide for a minimum of
$57,600 during the initial term of the lease ($1,600 base rent/month each full year
of the initial term). In addition, routine maintenance and utilities responsibilities
assumed by Women’s Wilderness will offset expenses which might otherwise be
the City’s responsibility. The Agreement also affords some degree of affordable
University Hill community meeting space for its own arrangement meetings and
small gatherings.
Taking Care of What we Have – The Harbeck-Bergheim House is a valued,
locally-landmarked, city-owned asset. Negotiated lease terms codify and provide
Item 3C - Harbeck-Bergheim House Lease Agreement 6
resources towards the property’s ongoing care and assume ongoing ownership by
the City of Boulder.
Building Community and Relationships –The envisioned arrangement between
the department and Women’s Wilderness allows BPR to devote greater attention
to the broader parks and recreation needs of the community. The arrangement
also reflects the results of a robust two-year long community engagement process,
building community trust. Additionally, the mission and programs of Women’s
Wilderness directly support ongoing Parks and Recreations goals to provide
accessible and inclusive youth engagement and activities supporting health and
wellbeing.
Organizational Readiness – BPR’s Master Plan also directs the department to
ensure fiscal and planning processes reflective of our skills and abilities as
stewards of public assets and in providing for the ongoing viability of department
facilities and services.
FISCAL IMPACT:
The Lease Agreement increases and stabilizes anticipated department revenues related to
care and upkeep of the home over time. This Lease Agreement would sustainably
address the costs of ongoing maintenance of a city-owned landmark. The lease also
creates and supports the provision of affordable rental opportunities for other small, local
organizations and community groups in Boulder and provided for public access
throughout the term.
NEXT STEPS:
If and as approved by Council, the following next steps would occur:
March 2020 Administrative Change to Nonconforming Use
April 2020 Initiation of Lease Term
A:
Harbeck-Bergheim House
Item 3C - Harbeck-Bergheim House Lease Agreement 7
HARBECK-BERGHEIM HOUSE LEASE
THIS LEASE AGREEMENT (the “Agreement”) is made this __ day of _________ 2020
by and between the City of Boulder, a Colorado home rule city (the “City” or “Lessor”) and
Women’s Wilderness Institute, a Boulder-based nonprofit organization (the “Women’s
Wilderness,” “Tenant” or “Lessee”) (collectively, the “Parties”).
RECITALS
A.WHEREAS the City owns the Harbeck-Bergheim House (the “Harbeck House”
or the “Premises”), a local landmarked property adjacent to Beach Park located at 1206 Euclid
Avenue in the University Hill neighborhood of Boulder, Colorado, limited and defined as
depicted in the map attached hereto as Attachment A; and
B.WHEREAS the City purchased the Harbeck House in 1979 utilizing permanent
Parks and Recreation funding and desires that the Premises be leased in a way which contributes
to its fiscally responsible upkeep, sustainability and community benefit; and
C. WHEREAS the City undertook an extensive community engagement process
concerning the identification of an appropriate tenant and prioritization of lease terms concerning
the Harbeck House consistent with expressed community values consideration, further supported
by the Parks and Recreation Advisory Board and city council during respective meeting dates of
February 21, 2019 and April 16, 2019 and which were codified in the issued competitive Request
for Proposals attached hereto as Attachment B; and
D. WHEREAS the Women’s Wilderness, a Boulder-based, Colorado organization
founded in 1998 in order to support girls, women and LGBTQ+ people in accessing their power
and improving their health through connections to the outdoors and community, has been
designated a nonprofit organization by the Internal Revenue Service by a determination letter
attached hereto as Attachment C; and
E. WHEREAS the Women’s Wilderness desires to lease the Harbeck House in
furtherance of its operation and submitted a timely proposal attached hereto as Attachment D to
the above-referenced Request for Proposals;
F. WHEREAS the Women’s Wilderness was selected by the City as the preferred
Lessee through a competitive process based on the above-referenced community supported
criteria and, through participation with the City in good faith negotiations to identify terms and
conditions of a lease for the Harbeck House; and
G.WHEREAS the City has interest in and intends to ensure the ongoing protection
and preservation of certain interior features of the Harbeck House which are the subject of a
Declaration of Use attached hereto as Attachment E applicable to and served by the tenancy
described in this Agreement.
Item 3C - Harbeck-Bergheim House Lease Agreement 8
COVENANTS AND CONDITIONS
NOW, THEREFORE, in consideration of the promises and obligations set forth below,
the Parties agree as follows:
1.TERM AND RENT
A.Grant of Premises. The City, as the Lessor and the Tenant, as the Lessee, enter into this
Agreement for the Premises with appurtenances thereunto belonging, including the 12
on-site motor vehicle parking spaces.
B.Term of Lease Agreement. The term of this Agreement is three years and shall
commence on April 1, 2020 and expire on March 31, 2023 (the “Term”). If and as
subsequently mutually agreed to by the Parties in writing, this Agreement may be
renewed for up to two three-year terms. The Tenant will provide the City with written
notice of its desire to extend the Term no later than 120 days prior to the end of the Term
which will initiate negotiation of any amended terms or conditions associated with that
extension which may include, but shall not be limited to, adjustment of the rental
payments due from the Tenant each month. The Parties agree that any Term extension
shall be in writing and signed by both Parties.
C.Annual Certificate of Insurance. Subject to the requirements of Section 7 below, the
Tenant shall provide a certificate of insurance to the City for each year of the Term or
any extension thereof.
D.Rental Payments. The Parties agree that the Tenant will be responsible to remit the
following payments to the City during the Term:
i.Base Rent – The Tenant shall pay the City $1,600 on or before the first day of each
month starting April 1, 2020 during the Term of this Agreement. Such rent shall
apply to the use of the Premises and is inclusive of $1 a year for the exclusive use
of the existing Premises parking spaces by the Tenant, its guests, vendors and
sublessees only; and
ii.Proportional supplemental sublease income – The Tenant shall have the ability to
sublease the Premises or any portion of the Premises with the exception of the
parking spaces. The Tenant shall pay the City an annual payment of the greater of
either the minimum amount or the stated percentage of sublease income according
to the table below. Payments for the preceding calendar year shall be due to the
City annually by January 31 concluding each year of the Term:
Lease Year Dates Covered Minimum
Annual Amt
Due
% of sublease
income
Due Date for
City receipt
Year 1 4/1/20-12/31/20 $5,000 5% 1/31/21
Item 3C - Harbeck-Bergheim House Lease Agreement 9
Year 2 1/1/21-12/31/21 $7,000 7% 1/31/22
Year 3 1/1/22-12/31/22 $8,400 10% 1/31/23
The Parties agree that revenue derived from subleases under this Agreement shall include any
and all rents paid through subleases of any portion of the Premises on a recurring basis of any
duration during the Term but will not include those amounts derived by the Tenant for its own
programming, for non-fee based civic uses of the Premises arranged or afforded by the Tenant or
for those amounts paid by the City for its own uses.
All payments due to the City under this Section 1D. shall be made via check or electronic
transfer to The City of Boulder – Parks & Recreation Department and shall be subject to a late
charge of $10 a day for all payments received by the City 10 days after the due date.
E.Security Deposit. The equivalent of one full month’s base rent (or $1,600) will be paid to
the City upon the execution of this Agreement as a security deposit and such amount
shall be forfeited by the Tenant upon (a) this Agreement’s termination or breach by the
Tenant prior to the end of the Term or (b) upon any Premises damage not cured by the
Tenant to the City’s satisfaction and as otherwise described in this Agreement. The
Parties agree that this security deposit may not be used as the Tenant’s last month’s rent
due under this Agreement.
F.Utilities. The Tenant will provide heat, light, electricity, water, sewage service, and any
other utilities for the Premises.
G.Tenant Furnishings and Impermanent Infrastructure upon Termination or Cancellation.
Upon any termination or cancellation of this Agreement, the Tenant shall, at its own
expense, remove its appliances, furnishings and other impermanent infrastructure located
at the Harbeck House. That notwithstanding, the Tenant may offer these materials to the
City for purchase at the then-current market value which the City shall have no obligation
to accept in whole or in part. Permanent improvements made by the Tenant in
accordance with Section 3 below shall become the City’s property and shall be subject to
no additional charge or expense to the City by the Tenant.
2.USE OF PREMISE
A.Activities. The Parties agree that the Tenant’s activities which may be conducted upon
the Premises are limited to those activities required for the operation of the Tenant’s
organization (including administration, its owned gear storage, program-related food
preparation, course and curriculum development and instruction, hosted events, classes,
meetings and receptions) as allowed by applicable zoning and authorized city use. The
Tenant agrees that any subleased or one-time rental use of the Premises during the Term
shall also conform to the same requirements and limitations concerning use. The Parties
agree that in accordance with its own uses and at its sole expense and liability, the Tenant
Item 3C - Harbeck-Bergheim House Lease Agreement 10
may pursue an application affording the provision of alcoholic beverage sale or
consumption on site in accordance with applicable laws, ordinance or regulations.
B.Operation of the Premises. The Parties agree that anticipated uses of the Premises under
this Agreement will, in part, directly provide for the community’s benefit through the
following uses:
i.Subleases, if any, at rates which afford and contribute to the care and upkeep of the
Premises including the Tenant’s maintenance obligation herein, with the intent that
the subleases will be to local nonprofit or other community building organizations
or other individuals whose work provides local community benefit;
ii.As reasonably requested by the City, use of meeting spaces at the Premises by the
City which said use will be charged at-cost (actual documented reasonable expenses
charged, expensed to or incurred by the Tenant in connection with those uses) and
which costs may offset the amount of supplemental sublease revenue due to the
City under Section 1D. above annually each year during the Term;
iii.Once per yearly Term of this Agreement (including any extension thereof) and
upon reasonable notice by the City to the Tenant, the City and its historic
preservation consultant shall be permitted to conduct an inspection of the specific
interior features which are the subject of and specified by the Declaration of Use
(Attachment E) to ensure the maintenance of said features. Such inspections will be
conducted at the City’s sole expense and at a time mutually agreed upon by the
Parties; and
iv. Up to four days per year (at least four hours each day) for a community open house
including guided tours of the Harbeck House is to be conducted by the Tenant at its
own expense
v. Provision of at-cost use of the Premises meeting and event space for local non-
profits, civic groups and individuals as solely determined by the Tenant which
allow said organizations to contain expenses associated with civic purposes.
The Parties further agree that general city and community uses under this Section will
largely be accommodated on the home’s first or second floor to afford ease of visitor
access subject to the Tenant’s permission which shall not be unreasonably withheld.
C.Compliance with Other Contracts. As a condition of this Agreement, the Tenant shall
comply with the terms of the Harbeck House Declaration of Use (Attachment E) and its
obligations to the City under any separate, annual contract with the City which may be in
effect at any particular time.
3.ALTERATIONS AND IMPROVEMENTS
A.Improvements. Subject to the requirements outlined in Attachment E and/or per the City
of Boulder Historic Preservation ordinance as applicable, the Tenant may make
improvements and alterations to the Harbeck House, provided that such improvements
Item 3C - Harbeck-Bergheim House Lease Agreement 11
and alterations are in conformity with all applicable codes and provisions of law. The
Tenant may authorize improvements and alterations to be made by sub-tenants so long as
such improvements and alterations are made in conformity with the above and all
applicable building and fire codes and regulations. The Tenant shall immediately correct
and repair at its own expense any improvements and alterations made by sub-tenants
which are not in conformity with applicable building and fire codes and regulations upon
notice that such sub-standard conditions exist.
B.Compliance with the Law. Any work done by or on behalf of the Tenant as provided for
by this Agreement shall conform to all applicable building and fire codes and regulations.
C.The Tenant’s Liability for Cost of Work Performed. The City shall not be liable for the
payment of any expense incurred by the Tenant, or the value of any work done or
material furnished to the Harbeck House by virtue of any construction, change, addition
or alteration undertaken by the Tenant. All such work shall be at the Tenant’s sole cost
and expense. The Tenant shall be wholly responsible to all contractors and laborers for
any such work.
D.Tenant’s Indemnification of the City with Respect to Alterations and Improvements. The
Tenant shall indemnify and hold the City harmless for any and all liabilities, damages, or
penalties and any costs, expenses or claims of any kind or nature arising out of any
construction, change, alteration or addition undertaken by the Tenant, including the
City’s reasonable attorney’s fees. Such indemnification shall apply to any damages or
injuries to person or property.
E.City’s Property. All additions, alterations, leasehold improvements and permanent
structures made by the Tenant shall become part of the Premises and shall remain upon
said Premises and surrendered to the City upon termination of this Agreement.
F.Tenant’s Property – Restoration of Premises. Trade fixtures, furniture and equipment
which may be installed at the Premises by the Tenant during the term of this Agreement
shall not become part of the Premises and may be removed by the Tenant at any time
prior to the end of the Term. However, the Tenant shall, at its own cost and expense,
repair any and all damage to the Premises resulting from or caused by the installation or
removal thereof.
4.SUBLEASE
Subject to the provisions of Sections 1D. and 2 above, the Parties agree that the Tenant
shall have the right to sublet portions of the Harbeck House during the Term of this
Agreement and any extension thereof. Except as otherwise set forth in Sections 1 D. and
2 above, the Tenant shall retain 100 percent of the income from any such sublease and
agrees to be fully responsible for all acts or omissions of any sublessee, its employees,
contractors, guests or visitors as it relates to activities and uses of the Premises. The
Item 3C - Harbeck-Bergheim House Lease Agreement 12
Tenant may sublet space in the Premises without consent from the City; however, any
such subleasing shall be subject to all requirements, liabilities and limitations provided
for in this Agreement applicable to the Tenant, including the requirements of insurance,
liability and notice as set forth in Sections 7, 8, 10 below and in the Declaration of Use
(Attachment E). The Tenant shall be responsible for any and all taxes or fees as a result
of the Tenant’s business operation and the Tenant uses of the Premises under this
Agreement. The Tenant agrees to provide the City with a copy of any and all documents
pertaining to the sublease of the Premises by the Tenant within 30 days of that
arrangement and shall provide other notices as specified in Section 10 below.
5.REPAIRS, MAINTENANCE AND OPERATION COSTS
A.Maintenance and Minor Repairs. The Tenant shall perform all cleaning, routine
maintenance and minor repairs of the Premises as further set forth in the attached
Responsibilities of the Parties related to Maintenance attached hereto as Attachment F.
The Parties agree that “Minor Repairs” shall include any individual repair for which the
Tenant is responsible pursuant to Attachment F and for which the cost is less than $3,000.
i.The Tenant shall keep the sidewalks in front of and around the Premises, as well as
the grounds of the Premises, free from all snow, ice, litter, dirt, debris and
obstruction. The Tenant shall neither permit nor suffer any disorderly conduct,
noise or nuisance whatsoever on or about the Premises having a tendency to annoy
or disturb any persons occupying adjacent premises.
ii.The maintenance performed by the Tenant shall, at a minimum, comply with
industry standards for the maintenance of buildings and facilities and shall conform
to the schedule of maintenance reflected in Attachment G of this Agreement.
iii.The Parties shall, on an annual basis, meet to discuss Harbeck House operations and
to review the preventative and corrective maintenance schedule. The Parties will
schedule and alter operations and maintenance as appropriate and in accordance
with recognized industry standards.
B.Installation and Maintenance of Landscaping. The City shall be responsible for the
installation and maintenance of all Premises exterior landscaping. In accordance with the
local landmarked nature of the Premises, the Tenant agrees that it shall not install any
plants or outside landscaping without the permission of the City except that the Tenant
may, at its own expense, refresh the Premises exterior flower beds annually.
C.Major Repairs. Subject to and limited by available appropriation of funds by city council
for the purpose, the City shall perform major repairs at the Premises and shall keep all
improvements upon, and structural elements of, the Premises, including, but not limited
to, all sewer connections, plumbing, and electrical wire, in good repair. “Major Repairs”
shall include any individual repair for which the cost is $3,000 or more, including those
repairs that would typically be the responsibility of the Tenant per Attachment F.
Item 3C - Harbeck-Bergheim House Lease Agreement 13
i.Subject to and limited by available appropriation of funds by city council for the
purpose, the City shall keep the Premises repaired so as to comply with all
applicable zoning, building and fire codes and regulations, and in doing so it shall
receive the cooperation of the Tenant to the degree that responsibility assigned to,
or rights allowed to the Tenant by this Agreement are not affected.
ii. This obligation to perform major repairs, limited as it is by the appropriation of
sufficient funds by city council, shall not constitute a multiple year financial
obligation or debt for the City.
D.Operating Costs. The Tenant agrees that all bills and services which it incurs in
connection with the Premises shall be listed in the Tenant’s name alone. The Tenant
shall hold the City harmless for any and all bills, charges and services which may
accrue with respect to the Premises during the term of this Agreement.
E.Tenant’s Personal Property. All personal property of any kind or description
whatsoever of the Tenant’s in the Premises shall be kept there at the Tenant’s sole risk,
and the City shall not be held liable for any damage done to, or loss of such personal
property; nor for any damage to or loss of personal property which may be suffered by
individuals using or attending activities at the Premises.
F.Liens Caused by the Tenant. If, because of any act or omission of the Tenant, any
mechanic’s or other lien or order for the payment of money shall be filed against the
Premises or against the City (whether or not such lien or order is valid or enforceable as
such), the Tenant shall, at the Tenant’s own cost and expense, within 10 days after
notice, either cause the same to be canceled and discharged of record or deliver to the
City a bond containing provisions satisfactory to the City, issued by a surety company
reasonably acceptable to the City from and against all costs, expenses, claims, losses,
damages and liabilities, including reasonable attorney’s fees resulting therefrom.
6.TENANT’S FAILURE TO MAINTAIN
If the Tenant shall fail, refuse or neglect to provide routine maintenance as described in
Attachment G or make minor repairs or if the City is required to make any repairs or
alterations to the Premises, the City shall have the right, but not the duty, after the City has
given to the Tenant 10 days’ notice (except in case of any emergency), to perform such
maintenance or make such repairs on behalf of and for the account of the Tenant and to enter
upon the Premises for such purposes, and charge the cost and expense thereof to the Tenant,
and the Tenant agrees to pay such amount. Any cost or expense incurred by the City and
chargeable to the Tenant as herein provided shall be reduced to the extent that the City is
reimbursed therefor under any policy of insurance.
Item 3C - Harbeck-Bergheim House Lease Agreement 14
7.INSURANCE
The Tenant agrees to procure and maintain in force during the term of this Agreement, at its
own cost, the following minimum coverages:
A.Workers’ Compensation and Employers’ Liability
i. State of Colorado: Statutory.
B.General Liability
i.General Aggregate Limit: $2,000,000.
ii.Per Occurrence: $1,000,000.
Coverage provided should be at least as broad as found in Insurance Services Office (ISO)
form CG0001 and should include both ongoing and completed operations coverages up to the
policy limits.
C.Automobile Liability Limits 1
i.Bodily Injury & Property Damage Combined Single Limit: $1,000,000
D.In the event the Tenant secures a liquor license, the Tenant shall carry Liquor
Liability Coverage of $2,000,000.
E.Coverage provided should be at least as broad as found in ISO form CA0001
(BAP) including coverage for owned, non-owned and hired autos.
F.Insurance shall:
i.Provide primary coverage;
ii.Include the City of Boulder and its officials and employees as
additional insureds as their interest may appear (except for Worker’s
Compensation). Additional insured endorsement should be at least as
broad as ISO form CG2010 for General Liability coverage and similar
forms for auto liability;
iii.Include a waiver of subrogation for General Liability coverage;
iv.Issue from a company licensed to do business in Colorado having an AM
Best rating of at least A-VI; and
v. Be procured and maintained in full force and effect for duration of
tenancy.
1Applicable only if the Tenant, its agents, employees, or representatives will be using motor vehicles in Colorado
while performing services.
Item 3C - Harbeck-Bergheim House Lease Agreement 15
G.Certificates of Insurance evidencing the coverages described herein, shall be
forwarded to Purchasing. Certificate Holder shall be: City of Boulder, 1777
Broadway, Boulder, CO 80302.
H.Within seven days after receiving insurer’s notice of cancellation or reduction in
coverage, the Tenant, or its insurance broker, shall notify the City. In either such
case, the Tenant shall promptly obtain and submit proof of substitute insurance
complying with the City’s insurance requirements.
8.INDEMNIFICATION/LIABILITY
A.The Tenant agrees to indemnify and save harmless the City against any and all damages
to property or injuries to or death of any person or persons arising from the lease,
sublease or use of the Premises including any programming or projects undertaken by the
Tenant, its sublessees, guests, vendors or assigns, including property and employees or
agents of the City and shall defend, indemnify and save harmless the City from any and
all claims, demands, suits, actions or proceedings of any kind or nature, including without
limitation Worker’s Compensation claims, of or by anyone whomsoever in any way
resulting from or arising out of the Tenant’s operations or subleasing in connection with
this Agreement, including operations of sub-tenants and acts or omissions of employees
or agents of the Tenant or its sub-tenant.
B.Notwithstanding any other provision of this Agreement to the contrary, no term or
condition of this Agreement shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, protection, or other provisions of the
Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as now or
hereafter amended. The Parties understand and agree that liability for claims for injuries
to persons or property arising out of negligence of the City, its departments, institutions,
agencies, boards, officials and employees is controlled and limited by the provisions of
Section 24-10-101 et seq., C.R.S., as now or hereafter amended.
9.INDEPENDENT ENTITIES
The relationship between the Tenant and the City is that of independent entities. The Tenant
shall supply all personnel, equipment, materials and supplies at its own expense, except as
specifically set forth herein. The Tenant shall not be deemed to be, nor shall it represent
itself as, an employee of the City. No employee or officer of the City shall supervise the
Tenant. The Tenant is not entitled to Worker’s Compensation benefits and is obligated
to directly pay federal and state income tax on money earned under this Agreement.
10.TERMINATION
A.In the event that fire, or flood, windstorm, tornado, earthquake, or other natural disaster
damages or destroys the Harbeck House to the extent that it cannot be repaired or
replaced within 60 days, this Agreement shall be deemed to be mutually terminated, with
each party bearing its own losses due to such termination.
Item 3C - Harbeck-Bergheim House Lease Agreement 16
B.Upon failure of the Tenant to comply with any of the provisions or conditions of this
Agreement, including, without limitation, the timely payment of all rent and fees due
under this Agreement or the provision of a valid certificate of insurance, this Agreement
may be terminated at the option of the City following 15 days’ written notice, if the
Tenant has not cured the default during such period. The same 15 days’ written notice
and cure provision shall apply to any defaults of the City’s obligations under this
Agreement.
C.This Agreement may be terminated by either of the Parties, in whole or in part, for its
own convenience. However, rent and fees due under this Agreement shall be paid to the
date of termination. Notification of intent to terminate this Agreement shall be given in
writing to the other party no later than 120 days prior to the date of termination. If the
Tenant desires to terminate prior to the end of the Term, the Tenant shall forfeit the
security deposit amount to the City.
11.GENERAL CONDITIONS
A.Assignment. The Tenant shall not assign this Agreement without the written consent of
the City, which it may withhold at its sole discretion.
B.Governing Law. This Agreement shall be subject to the provisions of the Charter and
Municipal Code of the City of Boulder, and Colorado law.
C.No Third-Party Beneficiary. It is expressly understood and agreed that the enforcement
of the terms and conditions of this Agreement and all rights of action relating to such
enforcement, shall be strictly reserved to the City and the Tenant. Nothing contained in
this Agreement shall give or allow any claim or right of action whatsoever by any third
person. It is the express intention of the City and the Tenant that any such party or entity,
other than the City or the Tenant, receiving services or benefits under this Agreement
shall be deemed an incidental beneficiary only.
D.Severability. To the extent that this Agreement may be executed and performance of the
Parties’ obligations may be accomplished within the intent of this Agreement, the terms
of this Agreement are severable, and should any term or provision of this Agreement be
declared invalid or become inoperative for any reason, such invalidity or failure shall not
affect the validity of any other contract or provision.
E.Waiver. The waiver of any breach of a term, provision, or requirement of this Agreement
shall not be construed or deemed as waiver of any subsequent breach of such term,
provision, or requirement, or of any other term, provision or requirement.
F.Integration and Merger. This Agreement is intended as the complete integration of all
understandings between the Parties. No prior or contemporaneous addition, deletion, or
Item 3C - Harbeck-Bergheim House Lease Agreement 17
other amendment hereto shall have any force or effect whatsoever, unless embodied
herein in writing. No subsequent notation, renewal, addition, deletion, or other
amendment hereto shall have any force or effect unless embodied in a writing executed
and approved by the City pursuant to city rules.
G.Prohibition on Contracts for Public Services.
i.The Tenant certifies that the Tenant shall comply with the provisions of Section 8-
17.5-101 et seq., C.R.S. The Tenant shall not knowingly employ or contract with
an illegal alien to perform work under this Agreement or enter into a contract with a
sub-tenant that fails to certify to the Tenant that the sub-tenant shall not knowingly
employ or contract with an illegal alien to perform work under this Agreement.
ii.The Tenant represents, warrants, and agrees (i) that it has confirmed the
employment eligibility of all employees who are newly hired for employment to
perform work under this Agreement through participation in either the E-Verify or
the Department Program; (ii) the Tenant is prohibited from using either the E-
Verify Program or the Department Program procedures to undertake pre-
employment screening of job applicants while the public contract for services is
being performed; and (iii) if the Tenant obtains actual knowledge that a sub-tenant
performing work under the public contract for services knowingly employs or
contracts with an illegal alien, the Tenant shall be required to:
a.Notify the sub-tenant and the contracting state agency or political subdivision
within three days that the Tenant has actual knowledge that the sub-tenant is
employing or contracting with an illegal alien; and
b.Terminate the subcontract with the sub-tenant if within three days of receiving
the notice required pursuant to 8-17.5-102(2)(b)(III)(A) the sub-tenant does not
stop employing or contracting with the illegal alien; except that the Tenant shall
not terminate the contract with the sub-tenant if during such three days the sub-
tenant provides information to establish that the sub-tenant has not knowingly
employed or contracted with an illegal alien.
iii.The Tenant further agrees that it shall comply with all reasonable requests made in
the course of an investigation under Section 8-17.5-102(5), C.R.S. by the Colorado
Department of Labor and Employment. If the Tenant fails to comply with any
requirement of this provision or Section 8-17.5-101 et seq., C.R.S. the City may
terminate this Agreement for breach and the Tenant shall be liable for actual and
consequential damages to the City.
H.Appropriations. Nothing herein shall constitute a multiple fiscal year obligation pursuant
to Colorado Constitution, Article X, Section 20. Notwithstanding any other provision of
this Agreement, the City’s obligations under this Agreement are subject to annual
appropriation by the Boulder City Council. Any failure of a city council annually to
Item 3C - Harbeck-Bergheim House Lease Agreement 18
appropriate adequate monies to finance the City’s obligations under this Agreement shall
terminate this Agreement at such time as such then-existing appropriations are to be
depleted. Notice shall be given promptly to the Tenant of any failure to appropriate such
adequate monies.
I. Authority. The Tenant warrants that the individual executing this Agreement is properly
authorized to bind the Tenant to this Agreement.
J.Compliance with Laws. At all times during the performance of this Agreement, the
Tenant shall strictly adhere to all applicable federal, state, and city laws. The term
“laws,” as used in this Agreement, includes, without limitation, all federal, state, county,
and city statutes, ordinances, codes, charters, laws, rules and regulations.
K.Notice. Whenever notice is required by this Agreement, it shall be in writing, sent by
email, hand-delivery, or certified mail, return receipt requested, and addressed to the
following:
City of Boulder:
City Manager
1777 Broadway
Boulder, Colorado 80306
With a copy to:
City of Boulder
Department of Parks & Recreation
Project Manager
3198 Broadway Street
Boulder, Colorado 80304
Item 3C - Harbeck-Bergheim House Lease Agreement 19
Women’s Wilderness Institute:
Upon execution -
2845 Wilderness Pl – Suite 211
Boulder, Colorado 80301
Thereafter during the Term –
1206 Euclid Avenue
Boulder, Colorado 80302
At a minimum, the Parties agree that the Tenant shall be required to timely notify the
City in accordance with this section in order to or upon its intention to Terminate, Cancel
or Renew this Agreement, any lease failure of compliance with the terms of the
Declaration of Use, transfer or termination of the Tenant’s required insurance, revocation
of the Tenant’s business licensure, loss of the Tenant’s nonprofit status, entry or
termination of any sublease of any part of the Premises as defined herein.
Notice given by hand-delivery shall be effective immediately and notice by mail shall be
effective three days after it is deposited in the United States mail depository correctly
addressed with sufficient postage for delivery.
L.Financial Records. The City has a responsibility to the community to ensure that the
monies raised by the Tenants thru sub-tenants is accurately and adequately shared by the
Parties as set forth in this Agreement. To that end, annually and within 30 days of the
end of a lease term, the Tenant shall provide the City for its review financial records that
follow standard accounting practices including but not limited to actual expense by
category and final gross/net revenue totals by category.
(signature page follows)
Item 3C - Harbeck-Bergheim House Lease Agreement 20
This Agreement shall be effective as of the date first written above.
TENANT
Women’s Wilderness Institute,
a Boulder-based nonprofit organization
By: _____________________________ Title: ____________________________
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
Acknowledged before me, a notary public, this ______ day of ______________, 2020,
by ______________________________________ (Tenant name) as ________________ of
Women’s Wilderness Institute, a Boulder-based nonprofit organization.
Witness my hand and official seal.
My commission expires: ___________
_________________________________
Notary Public
(SEAL)
Item 3C - Harbeck-Bergheim House Lease Agreement 21
CITY OF BOULDER,
a Colorado home rule city
___________________________________
Jane Brautigam,
City Manager
ATTEST:
_____________________________
Lynnette Beck,
City Clerk
APPROVED AS TO FORM:
______________________________ Date: ________________
City Attorney’s Office
ATTACHMENTS:
Exhibit A- Map
Exhibit B- Request For Proposals
Exhibit C – WW IRS Letter
Exhibit D – WW Proposal
Exhibit E – Harbeck-Bergheim House Declaration of Use
Exhibit F - Maintenance Responsibilities
Item 3C - Harbeck-Bergheim House Lease Agreement 22
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Item 3C - Harbeck-Bergheim House Lease Agreement23
Request for Proposal To Lease
Harbeck - Bergheim House, 1206 Euclid Avenue, Boulder
INTRODUCTION
The City of Boulder Parks and Recreation Department is offering the Harbeck–Bergheim House
(house) for lease through a competitive process. The City may accept a lease for less than market
value in return for a high level of demonstrated support of community values and key themes
previously determined through the year-long public engagement process. The proposal is
expected to offer no less than full cost recovery.
The house is offered for lease in ‘as is’ condition. Proposals may include improvements in
compliance with the home’s Landmark status. Improvements to infrastructure may be considered
as an offset to the lease rate. Convenience and aesthetic improvements will not be considered as
an offset to the lease rate.
BACKGROUND
The house is currently zoned as RL-1 with a non-conforming use approved to function as a
museum. An extension approval was granted for a one-year extension of the non-conforming use
through May 31, 2020. Application to change the current non-conforming use will need to be
submitted for any use outside of currently approved uses.
House and property information
A year-long public engagement process resulted in the offer of the house for lease. In the
process, the community defined a set of values that will help determine how the proposals are
evaluated. In addition to the community values, key themes from the Boulder Parks and
Recreation Master Plan will be referenced for evaluation. Below is a short description of each.
Please refer to the project web page for more information about the community values and the
Parks and Recreation Master Plan for further understanding of the key themes.
•Community Values
o Interior Preservation: The house was designated as a local landmark in 1980.
The local landmark protects the integrity of the exterior of the house. However,
the community has expressed a high level of interest in interior preservation. An
evaluation of the interior defining features referencing the prioritized areas for
preservation and areas with more flexibility.
o Neighborhood Compatibility: It is important that the use of the house is
compatible with the surrounding neighborhood. Considerations should include
parking, foot and car traffic expected, noise, hours of operation, number of
occupants. The property includes 12 off-street parking spaces.
Item 3C - Harbeck-Bergheim House Lease Agreement 24
o Public Access: The unique nature of the interior and fortunate preservation
through the years of use as a museum is an important asset to the community.
Interior preservation is even more valuable with at least limited access for the
community to be able to experience the asset.
o Community Benefit: The house provides a unique benefit to the community with
the ability for a below market value lease in exchange for an organization that can
provide a service to a wide range of community members with consideration for
underserved populations and equitable access to resources.
o Community Use: The community has expressed a desire for public use of the
space in reference to meeting space or small events. This can be a fee-based space
to offset overhead costs to the tenant. Considerations for limited ADA
accessibility must be considered.
•Parks and Recreation Master Plan Key Themes (see City website)
The department is seeking a lessee whose vision is compatible with the department’s mission,
who is willing to collaborate with the community to create a unique resource and understands the
department’s expectation for at least a cost recovery lease to ensure the condition of the home is
preserved for generations to come.
REQUIRED PROPOSAL RESPONSE
•Proposal Materials: The City of Boulder encourages all respondents to use submittal
materials that contain post-consumer recycled content and which are readily recycled.
Respondents are encouraged to use double-sided pages.
•Proposal content: The proposal must contain all of the following information in the
sequence presented below. Each proposal should provide a straightforward and concise
presentation to adequately satisfy the requirements. Responses are requested to be limited
to 10 pages (may be double sided).
1.Please identify the name of your business, the form of the business organization (sole
proprietorship, partnership, corporation, etc.) and the principle owners or officers of
the business along with a brief description of their experience in similar operations.
2. Please identify the individuals who will provide on-site management and operation,
including a brief description of their experience in similar operations.
3. Please describe your firm’s experience in developing, implementing and operating
services similar to those proposed, include the number of locations you have in
operation currently and the number of years each has been in operation. Prospective
lessee must be able to demonstrate at least one year of operational experience with
similar services to those proposed.
Item 3C - Harbeck-Bergheim House Lease Agreement 25
4. Please provide the names and contacts for at least two professional references that can
attest to your experience and financial capacity to operate the requested services.
Include names, phone numbers, and email addresses.
5. Please provide a brief narrative of how start-up costs for the proposed use will be
financed.
6.Please provide a brief narrative of the vision of the proposed use as you see it and
how the operation will serve the community.
7. Please provide a brief description of the anticipated equipment required to provide the
proposed use and a schematic sketch layout of the equipment indicating power and
utility consumption requirements.
8. Please indicate your willingness to provide space for special events during, before or
after the proposed hours of operation.
9. Please include a plan to garner community support for any proposed non-conforming
use change.
10. Prospective lessees are invited to submit any other information that they may deem to
be relevant to the proposal request.
SELECTION
The lease will be awarded to the lessee most advantageous to the city and compatible with the
community values and key themes. A selection committee will review the proposals and rate
them on the basis of a weighing community values and key themes as criteria for evaluation,
expectation of market value but no less than the cost recovery rate satisfying, at a minimum, the
estimated general maintenance and adequate annual funding for repairs and replacement.
The chart below shows the evaluation model and the how the quadrants will be prioritized. For
example, a proposal scoring in quadrant 1 will be considered over another proposal scoring in
quadrant 2.
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TENTATIVE SELECTION SCHEDULE
Below is the tentative schedule for selection process. The City, in coordination with the Colorado
Group, may explore and may inquire as to offers received between RFP issuance and close date
for submitted proposals.
RFP issuance…………………………………………………………August 30, 2019
Open House: ………………………………………………………September 18, 2019
Proposal Responses (Due 5 p.m)……………………………………November 1, 2019
Lessee selection………………………………………………………November 15, 2019
Item 3C - Harbeck-Bergheim House Lease Agreement 27
Item 3C - Harbeck-Bergheim House Lease Agreement 28
PROPOSAL TO LEASE: HARBECK-BERGHEIM HOUSE
Introduction
Women’s Wilderness is pleased to present The Colorado Group, Parks and Recreation Department of
the City of Boulder and the community at large a proposal for leasing the extraordinary Harbeck-
Bergheim House. We propose using the space in three ways:
1.To house Women’s Wilderness, a 21-year old, Boulder-based nonprofit organization that
supports the mental and physical health of girls, women and LGBTQ+ people in our community
through participation in outdoor recreational immersions. This tenancy offers an opportunity for
the City of Boulder to retain use of the space for the original purpose in which the house was
purchased – to support residents’ ability to study nature and participate in recreation.
2.As a small co-working space for individuals and groups working on issues of social and
environmental progress from a nonprofit or community-building perspective.
3.As free event space for the larger Boulder community to use
The strength of our proposal will not be related to the profit made off of the lease of this house, but
rather the community value as it relates to three of the six themes prioritized by the Parks and
Recreation Master Plan:
•Community health and wellness
•Youth engagement and activity and access to nature
•Building community and relationships
1.Organizational Information
Women’s Wilderness is 501c3 nonprofit organization (corporation) registered in the City of Boulder. The
organization was founded here 21 years ago and has a long-standing reputation of developing
community partnerships to improve the health and wellbeing of Boulder residents. The organization’s
leadership is comprised of individuals with experience in community development and cross-sector
collaborations (Executive Director), City of Boulder regulations (two attorneys on the Board of
Directors), financial management (Treasurer, Finance Manager). We are currently in a transitional phase
for the position of Operations Manager, which, if accepted as for this lease, would be filled by someone
with experience in historical property management.
Principals of the business include:
Executive Director: Sarah Murray
Sarah, a 22-year resident of Boulder, has spent her career making the world a more just and equitable
place, using sport and play as her unlikely tool of choice. Over the past 20 years, she has worked in over
65 countries on strategies that leverage the power of play for social justice. She has a depth of
experience creating community collaborations for social good.
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Sarah is currently the Executive Director at Women’s Wilderness, a nonprofit organization based in
Boulder aiming to transform outdoor culture so it’s a place where girls,’ women and non-gender
conforming people can enhance their physical, mental and emotional health. She was previously the
Executive Director of Women Win Foundation USA, a global NGO dedicated to equipping adolescent
girls to achieve their rights using sport and play based strategies. In this role, she spent 10 years
supporting the work of grassroots practitioners and activists from Bolivia to Bangladesh and impacting
the lives of over 3 million girls. She has led projects in partnership with leaders across sectors, including
Nike, FIFA, Gap, Vital Voices, and the U.S. Department of State. Sarah has resided in Boulder for over 20
years and is proud to call this town home.
Board of Directors
•Olivia Lucas, Assistant County Attorney, City of Boulder
•Gerri Walsh, Ball Engineering
•Leta Kalfas, CEO of MntStuff.com
•Christine Ludwig, Accountant at ACM
•Hillary Harding, Director of Development at Cleo Robinson Dance
•Danielle Piscatelli, Outdoor Guide and Instructor, Colorado Mountain College
•Robin Kesler, Self Employed Therapist
•Jeni Arbuckle, Advertising and Partnerships Director at Gear Junkie
•Ande Hicks, Attorney at Bryan, Cave, Leighton, Paysner
2.On-Site Management and Operations
The building would be managed by the following staff members of the organization:
•Sarah Murray, Executive Director
•Marina Fleming, Associate Director
•TBD, Building and Operations Manager
•Kristi Ormsbee, Finance Manager
•Stephanie Vidergar, Communications and Events Manager
•Kate Sedrowski, Community Engagement Coordinator
•Lindsey Perriman, Admissions Coordinator
Collectively, this group of primarily Boulder residents has decades of experience in managing property,
collaborating across sectors, engaging community members and hosting special events. More detail
about that experience provided below in response #3.
3.Operational Experience
Below is an overview of the organizational and individual experience of Women’s Wilderness as is
relevant to the demands of occupying the Harbeck-Bergheim House in the manner we are proposing:
Property Management: Sarah Murray, the organization’s Executive Director has 15 years of experience
owning and maintaining property in Boulder and recruiting and managing tenants. If accepted for
tenancy, we will hire a Building and Operations Manager. This person will be responsible for managing
the day-to-day building and facilities operations for Harbeck-Bergheim House and will ensure that the
quality and high standards of this historic building is consistently met. Below are the anticipated
accountabilities of this position:
•Coordinate, monitor and perform routine maintenance services on the building (e.g. trash disposal,
utilities, custodial, pest control, long term preservation, inspections, grounds, landscapes , alarms,
systems & equipment)
Item 3C - Harbeck-Bergheim House Lease Agreement 30
•perform condition assessments on appearance, equipment, or troubleshooting.
•Oversee interior décor maintenance, coordinating with outside vendors to fix elements as
necessary.
•Conduct regular quality assessments to ensure all service levels are being maintaine d at the highest
possible level.
•Serve as safety management coordinator for the building
•Address miscellaneous requests as needed including set-up and operation of audio/visual
equipment for on-site meetings
•Attend monthly events meeting with the Event Manager and key staff members
•Collaborate as needed/requested with the Executive Director, Event Manager and/or City of Boulder
Collaborative Work Environments: The organization has historically been housed in collaborative work
settings. We are currently located at Wilderness Place, in a building shared between organizations
working on child development, including the Acorn School, Institute for Play Therapy and Head Start.
We have experience managing geo-based relationships/partnerships with peer organizations, both at
the current location, as well as in two co-working spaces (Impact Hub and Highland City Club). This will
be critical for initiating relationships with other mission-aligned organizations who will share the space
with us.
Events Coordination: Our Events staff manages four major events per year, including Summit Sisters (a
retreat), Gear and Cheer (a major fundraiser), She Sends (a community climbing event) and No Man’s
Land (a film festival delivered in partnership). We understand the demands of hosting events from a
logistical, communications, and relational perspective. We are agile in our ability to use both technology
(event applications, A/V equipment) as well as traditional event tools and mechanisms to optimize
Community Engagement: Our Programs staff, led by our Associate Director and Community
Engagement coordinator, spend much of their year doing outreach to community members (girls,
parents/caregivers, women, LGBTQ+ people) to participate in our programs. They understand deeply
what it takes to not just talk to community, but to listen and truly engage to meet people where they
are and ensure that programming is responsive to the needs of all people.
4.Professional References
Elise Jones, Chair of the Board of Commissioners, City of Boulder
Email: Elise@EliseJones.org
Phone: 303-441-3500
Ning Mosberger-Tang, President of the Innovo Foundation, Member of the Board of Directors at
Conservation Colorado
Email: Ning.Mosberger@gmail.com
Phone: 7205154193
5.Financing of Start Up Costs
We are not envisaging doing any major reparations or construction to the building in the near future,
but rather occupying it in an ‘as is’ fashion. Given this plan for occupancy, we do not anticipate needing
significant start-up costs to assume tenancy.
We will, however, have minimal costs for assuming this lease associated with:
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•Equipping the 3rd floor with event-specific necessities, including a projector, speakers, tables,
chairs
•Marketing the 2nd floor for sublease by other individuals and 3rd floor for use by the community
•Moving from our existing location to the Harbeck-Bergheim House
These expenses will be covered by existing reserves in our budget.
6.Community Service
A Historically Aligned Vision
The original goal of the City for purchasing the Harbeck-Bergheim House was, according to documents
“…to provide a cultural center for encouragement of nature study and interpretation, conservation,
gardening and related activities…” as well as “various recreation classes.” By way of this proposal,
Women’s Wilderness is suggesting that the City of Boulder stay true to that vision, by housing a local
nonprofit organization that has a long-track record of encouraging outdoor recreation, health and
wellness amongst those Boulder residents least likely to be enjoying and benefitting from our open
space.
Founded in 1998, Women’s Wilderness has been accelerating the courage, confidence and connectedness of
girls, women and LGBTQ+ people through year-round outdoor immersions in the American West for over
two decades. We provide a safe and welcoming place for all people to develop outdoor skills and reap the
individual and collective transformative benefits of adventuring outside. As a nonprofit, we define three
goals in pursuit of our mission: (1) expand access to outdoor recreation to girls, women and LGBTQ+ people
who are least likely to participate in outdoor sports based on race and socioeconomic status, (2) advance the
leadership of girls, women and LGBTQ+ people through outdoor immersions, (3) improve all aspects of
equity within the outdoor culture.
The 2015 Boulder Co. Healthy Kids Survey found a pronounced gender gap in mental health, with girls
reporting depression symptoms at 37% as compared to 18% of all boys. Girls face extensive challenges
in the transition to adolescence, from negative self-concept, to online bullying, depression, anxiety and
feelings of social isolation. Significant research documents the physical, emotional, and mental benefits
from connecting with the natural world, and that there is a strong correlation between time spent
outdoors and mental health, and overall sense of wellbeing. We address these issues by helping girls
from diverse socio-economic and ethnic backgrounds develop confidence, sense of self, tools to stay
mentally and physically healthy and a deep connection to the outdoors.
On an annual basis, we serve roughly 700 people through 50 courses annually which are all led by expert
guides who identify as women or non-gender-binary, certified as Wilderness First Responders and in the
relevant sport discipline they are leading. Our work is focused on promoting inclusion in the outdoors
and reversing intersectional discrimination, based on race, class, gender, ability and other characteristics
of people from non-dominant identities. This commitment is closely linked to the organization’s practice
of providing financial assistance. In the 21-year history of the organization, no girl has been turned away
because of financial need. In 2018, we increased our financial aid and outreach with 67% of girls
qualified for and received scholarships. Furthermore, we make a tremendous effort to recruit girls and
women of color to participate in our programming. Last year, around a third of participants identified as
people of color.
Our suite of programs offered annually include:
•Girls’ Wilderness Adventures, summer camps and expeditions aimed at building the leadership,
physical and mental health of girls’ ages 10-18
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•Girls Lead for Life, a year-round, after school (indoor/outdoor) climbing and leadership program
for middle school girls
•Women’s climbing, survival skills, backcountry courses and retreats
•Queer Wilderness Program which uses earth-based, ancestral and outdoor skills development to
build community and resiliency amongst LGBTQ+ identified people.
•Trailblazers Program - an innovative effort to close the gap of underrepresentation of Black,
Indigenous, Women of Color (BIWOC) who participate in outdoor activities and work in the outdoor
sector through a 6-week, backcountry skill development and community building program.
•Custom/Corporate Courses: We design and lead custom-designed courses aimed at using the
outdoor immersion experience as a platform for a variety of issues related to leadership, teambuilding,
diversity and inclusion for groups, organizations and companies including Naropa University, Davita, and
the Girl Scouts.
Our impact is well-documented and irrefutable. Three outcome studies by independent researchers
have confirmed the effectiveness of Girls’ Wilderness Program courses. A 1999 study found that eight-
day course graduates showed significant positive changes in self-confidence, self-esteem, and the ability
to initiate action (i). Another study in 2001 replicated those results, and also found a positive increase in
body image and body acceptance(ii). Self-reporting indicated that course graduates do significantly
better in school; this finding was confirmed with a 2003 study on whether a Girls’ Wilderness Course has
an impact on academic attitudes. This study found significant increases in participants’ perception of
their academic competence, as well as positive changes in perceived self-worth(iii).
In 2018, results for our suite of girls’ programs reflected that:
•92% of girls felt more confident and capable of accomplishing difficult things
•82% of girls felt more accepting of their body the way it is, and
•92% of participants felt more connected to nature
The Game Plan
Women’s Wilderness plans on occupying half the building for our offices, gear storage, food preparation
and gathering space for our courses. However, our vision for use of this special building is much greater
than just a home for us. The vision is to create a collaborative community space for individuals and
groups who are aligned with our vision of a more just and prosperous Boulder (and world).
Astronomically increasing real estate prices in Boulder are creating continual stress for those working
outside of the private sector, specifically nonprofit organizations. As rent increases, nonprofits are often
moving frequently to maintain reasonable occupancy costs, spending more of their operating budgets
on rent/mortgages or, unfortunately, leaving the city all together. Just this week, Wildland Restoration
Volunteers, a 21-year old, Boulder-based nonprofit moved their operation to Longmont, because rent
became unaffordable. This is not a unique story. We share experiences with meeting the rising rent
prices in the City with our nonprofit peers on a regular basis. Women’s Wilderness has moved every 3-4
years throughout the history of the organization.
To address this issue, we propose to use half of the space at the Harbeck-Bergheim house as a
subsidized co-working spot for individuals or groups working for nonprofit and community-building
organizations aimed at addressing social and environmental change. Specifically, we would occupy the
first floor for our offices and the basement for storage and preparation for courses. The second floor
would include up to 15 desks to be rented on a monthly or annual basis, at a sliding scale, below-market
rate to any individual employed by a nonprofit or small nonprofits as a collective. We would specifically
seek out people to share the space that are working on human rights, environmental causes and/or
girls/women’s/gender issues. The third floor would be used as a community event space, for any of the
nonprofits and/or the larger community to use for free (excepting a nominal cleaning and service fee).
Item 3C - Harbeck-Bergheim House Lease Agreement 33
While Boulder has a growing number of co-working spots, none of them are designed to house and
support those working on cause-related work. Rather, they are filled with entrepreneurs working in new
technology and for start-ups. While this is an important aspect of Boulder’s growing economy, its not
always an aligned work environment for those working on social/environmental progress from a
nonprofit perspective. Sharing space in community with others working on like issues has a huge impact
on productivity, happiness and wellness. It’s an opportunity to share ideas, resources to improve
efficiency and develop powerful networks. Boulder is behind the national curve on this. Community
supported, nonprofit/cause-oriented working spaces exist in many other cities across the U.S. Some
great examples and points of reference for us to learn from are:
•Alliance Center in Denver, supporting organizations working on environmental preservation and
sustainability
•Bullitt Center in Seattle is a co-working space for local nonprofits and community-building
organizations
•Social Innovation Forum in Boston is small co-working space run by nonprofit professionals
for nonprofit professionals.
7.Anticipated Equipment
The proposed use of the Harbeck-Bergheim house will be for basic office use on the main and 2nd floors.
The space will be furnished with typical elements, including desks, chairs, filing cabinets, stand-alone
shelving, conference tables, lamps, etc. The 3rd floor will be equipped with projection, a basic A/V
system – including screen, speakers/sound system and electrical connections in addition to moveable
tables and chairs, to be employed during special events. The basement will be used for gear storage for
Women’s Wilderness and any additional tenants. The basement kitchen and appliances (refrigerator)
will be used to prepare food for Women’s Wilderness courses as well as special events for the
community.
Given the proposed use, there will not be a need for any extraneous equipment or any unusually high
utility consumption (including water, gas, electricity). According to rough estimates by the Colorado
Group, the utility cost for the building was roughly $17,000 per year during the time the Museum of
Boulder occupied the space. We anticipate having slightly lower utility consumption and costs, based on
the nature of the proposed use.
We will, however, need to ensure that we have adequate, high-speed internet to meet the business
needs of Women’s Wilderness and those sharing the space with us on a regular and events-specific
basis.
8.Special Events
Women’s Wilderness understands the community interest in continuing public access to this historic
building within the new lease agreement. We know that public spaces (markets, parks, community
centers, and neighborhood spaces in residential areas) play a vital role in the social life of communities.
Boulder is no exception. They act as a ‘self-organizing public service,’ a shared resource in which
experiences and value are created (Mean and Tims, 2005).
We are excited to propose using the 3rd floor of the Harbeck-Bergheim House for community events,
free for individuals in the community or non-profit/community building organizations, excepting fees for
cleaning or required service (in other words, at cost to Women’s Wilderness.) For companies/private
sector entities, the space would be available at market price. We envision the space being used for
Item 3C - Harbeck-Bergheim House Lease Agreement 34
meetings, fundraisers, film screenings, debates and in ways that support community development that
we cannot yet fathom. We will open the space for use any day of the week, from 8 am to 9 pm, in an
effort to respect quiet hours for the neighborhood.
We plan on maintaining the current décor of the space, in the spirit of historical preservation. We will
provide groups using the space with basic audio/visual equipment, including a projector, screen and
speakers. We’ll also provide tables and chairs as necessary, depending on the event. Groups using the
space will have the opportunity to use the kitchen in the basement to prepare / clean up food, as
requested.
9.Community Support for Non-Conforming Use
Women’s Wilderness would like to make a case to the City of Boulder that we a conforming use of the
Harbeck-Bergheim house under the RL-1 zoning mandates. As such, we would not need to solicit
community support for non-conforming use. Specifically, we are operating an organization and
accompanying programs that can be considered under any one of the following three designations laid
out by the City in the RL-1 zoning mandates as legitimate uses:
1.Parks and recreation, given the nature of our work as it relates to guiding girls, women and
LGBTQ+ people in outdoor recreation, including hiking, backpacking, rock climbing and river
trips.
2.A child care facility, given that we are a licensed child care operator in Boulder for our girls’
after-school and summer programs
3.An adult education facility, given that we run skill-development courses for adult women in the
community.
Any Other Information
Lease Rate:
We propose leasing the space for $1,600 per month, with the understanding that we will be providing a
significant value to the community and will maintain the property, as is necessary to prevent
deterioration of the interior or exterior of the building.
Lease Term: We propose a three-year lease term, with the intention of renewal for an additional three
to five years, if the arrangement is working for all parties.
Experience with Local Partnerships:
Our work is possible only through the deep and long-standing relationships we have with local partners
across sectors. Partnership is in our DNA. Our first programs in 1998 were delivered in partnership with
Boulder Housing Partners and Attention Homes to access high-need populations of girls who would not
have the financial means to otherwise participate in outdoor sports. We continue to rely on
collaborations to do just about every aspect of our work, less administration. Key current and historical
partners include: Boulder Valley School District, City of Boulder, Boulder County Open Space and
Mountain Parks, El Centro Amistad, I Have a Dream Foundation, YWCA, Diversify Outdoors, Brown Girls
Climb, Native Women’s Wilderness, OUT Boulder County, and various local businesses.
Alternative Arrangements:
If the decision-making committee does not find this to be a viable proposal, Women’s Wilderness is
open to considering alternative shared-space arrangements with other values-aligned nonprofits or
community-building organizations.
Item 3C - Harbeck-Bergheim House Lease Agreement 35
DECLARATION OF USE
The City of Boulder, owner of the above described property, executes this Declaration of Use in
order to inform future users of the property of some of the important features that are included in
the interior of the property:
1)The property is located at 1206 Euclid Ave., Boulder, Colorado, within a RL-1 (Low
Density Residential-1) zoning district and is locally designated as an individual historic
landmarked property (the “Property”). The city is proposing to lease the dwelling at the
Property. With such an anticipated Property lease, it is expected that any tenant, its staff,
guests and vendors would regularly interface with certain interior features of the Property,
limited to those listed below, which the owner recognizes and values as unique community
assets (“Interior Features”).
2)The city recognizes the value and significance of the Property’s Interior Features as
described below and more fully depicted in photographs stored in Central Records of the
City of Boulder:
i.main floor fireplace surrounds including the tile, fireplace surrounding wood
paneling, trim and mantle;
ii.main staircase railing, newel posts, treds and risers;
iii.wood doors (pocket or swinging);
iv. historic radiators (whether or not operational); and
v. stained and leaded glass windows on the main stair and at the home entry
vestibule (collectively, the “Specific Interior Features”); and
vi. built in millwork features.
3) The city intends to preserve the Interior Features:
a.Preservation of the Interior Features. Users of the Property will maintain the Interior
Features so as to prevent loss or substantial deterioration (absent normal wear and tear)
of those features.
b.No Alteration of Interior Features. Future users or tenants of the Property will be
required to maintain and preserve the Interior Features. No changes will be undertaken
without the express written permission of the city. It is intended that any work or
maintenance associated with the Interior Features will be done in an manner that is
consistent with the Secretary of the Interior’s Standards For The Treatment Of Historic
Properties and Guidelines for Preserving, Rehabilitating for Restoring &
Reconstructing Historic Buildings interior spaces, features, and finishes. Any
authorized treatment (replacement, rebuilding, repair and reconstruction, as examples)
FOR RECORDING PURPOSES ONLY
GRANTOR: XXX
GRANTEE: City of Boulder
LEGAL DESCRIPTION: XXX
XXX
ADDRESS: XXX
Item 3C - Harbeck-Bergheim House Lease Agreement 36
of those Interior Features shall be undertaken in a manner which maintains or recreates,
as the case may be, the appearance of the Interior Features.
c.Damage or Destruction. In the event that the Property or any part thereof shall be
damaged or destroyed by casualty, temporary emergency work may be undertaken to
prevent further damage to the Interior Features and the owner will use its best efforts
to develop a report prepared by a qualified restoration architect and an engineer, if
required, including the following:
i.a documented assessment of the nature and extent of the damage to the
Interior Features;
ii.a determination of the feasibility of the restoration of the Interior Features; and
iii.a report defining, specifying and estimating the cost of such treatment
necessary to return the Property’s Interior Features to its varied states of repair
immediately preceding the referenced damage or destruction.
d.Owner right of determination. The owner may, upon completion of that report,
determine not to exercise its respective rights regarding restoration or reconstruction
of the Interior Features and then may (in its sole discretion) alter, demolish, remove
or raze the features, or construct new improvements on the Property. In such event,
the owner may elect to choose any salvageable portion of the Interior Features of the
Property and remove them from the Property.
4)This intends to place requirements in applicable contracts and leases for users of the
Property to ensure that such users and tenants are aware of the Interior Features and further
maintain and protect the Interior Features for future generations.
5)This Declaration of Use shall be recorded and serve to notify any future owners of the
Property described above of the intent and legal use of the structure. It is not intended that
this in any way affects the permitted uses that may be allowed by amendment or change of
the Land Use Regulations in the future.
OWNER:
CITY OF BOULDER,
a Colorado home rule city
__________________________________
Jane Brautigam,
City Manager
ATTEST:
____________________________________
Lynnette Beck,
City Clerk
APPROVED AS TO FORM:
___________________________________
City Attorney’s Office
Item 3C - Harbeck-Bergheim House Lease Agreement 37
EXHIBIT F: Harbeck Maintenance Responsibilities
Category
City WW City WW City WW City WW
Site Exterior
Landscaping x x x x
Snow and ice removal x x x x
Paving - terrace, walks, ramp lighting x x x x
Irrigation Systems & related pressure devices x x x x
Site Signage x x x x
Trash enclosure, gates & parking space x x x x
Exterior Lighting (lightbulbs)x x x x
Trash receptacles x x x x
Building Systems
Exposed foundation walls x x x x
Windows exterior x x x x
Exterior of outer walls x x x x
Interior of outer walls x x x x
Interior walls x x x x
Ceilings x x x x
Flooring x x x x
Roof NA NA x x x
Doors x x x x
Door hardware x x x x
Door lock cylinders and keying x x x x
Restroom plumbing fixtures x x x x
Restroom accessories, i.e. mirrors, dispensers x x x x
Kitchen equipment x x x x
Graffiti on exterior x x x x
Building super structure x x x x
Specific Interior Features
Main floor fireplace surrounds including the tile,
fireplace surrounding wood paneling, trim and
mantle x x x x
inspection once during 3 yr term
Main staircase railing, newel posts, treds and risers x x x x once per year
Wood doors (pocket or swinging)x x x x inspection once during 3 yr term
Historic radiators (whether or not operational)x x x x inspection once during 3 yr term
The stained and leaded glass windows on the main
stair and at the home entry vestibule x x x x once per year
Built in millwork features x x x x inspection once during 3 yr term
Building Plumbing System
UPDATED 1/15/2020
Cleaning Maintenance Repair Replacement
Item 3C - Harbeck-Bergheim House Lease Agreement 38
Drain, waste, vent system X X x x
Storm drainage system x x x x
Supply water piping and valving x x x x
Hot water heater x x x x
Water meter x x x x
Kitchen hand sinks x x x x
Dish washing equipment and sinks x x x x
Hose bibs x x x x
Rough-in of connection of kitchen equipment x x x x
Connection of kitchen equipment x x x x
Backflow prevention devices x x x x
Pressure reducing devices x x x x
Fire Protection
Valving, piping, heads x x x x
Backflow prevention devices x x x x
Fire extinguishers x x x x
Smoke, fire alarms devices and wiring x x x x
Heating, Ventilation and Air Conditioning (HVAC)
Primary HVAC equipment NA NA X x x
HVAC control equipment NA NA X x x
HVAC distribution and diffusing systems NA NA X x x
Diffusers NA NA X x x
HVAC fluids, filters, etc.X X x x
Electrical Systems
Panels and disconnects x x x x
Wiring x x x x
Switching and convenience outlets x x x x
Connection of kitchen equipment to disconnects x x x x
Kitchen equipment, non-conduit wiring x x x x
Emergency lighting x x x x
Lighting:
- ballasts x x x x
- lamps x x x x
- lens and trim x x x x
- fixtures x x x x
Exterior lighting x x x x
Telephone pre-wire x x x x
Telephone equipment x x x x
Data communications within premises x x x x
Fire & security alarm systems, telephone dialer x x x x
Utilities
Electrical service x x x x
Item 3C - Harbeck-Bergheim House Lease Agreement 39
Sewer service including PIFs x x x x
Water service including PIFs x x x x
Fire protection water service including PIFs x x x x
Irrigation water service including PIFs x x x x
Natural gas service including PIFs x x x x
Telephone utility x x x x
Fire alarm and security monitoring service x x x x
Item 3C - Harbeck-Bergheim House Lease Agreement 40
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: February 18, 2020
AGENDA TITLE:
Consideration of a motion to authorize the city manager to approve and execute a
twenty-year revocable permit for a dewatering pipe within a conduit crossing City
easements located at 2920 – 2930 Pearl Street (REV2020-00001).
Applicant/Owner: Google Inc.
PRESENTER/S
Jane S. Brautigam, City Manager
Chris Meschuk, Deputy City Manager / Interim Director of Planning
Mary Ann Weideman, Deputy City Manager/Interim Director of Public Works
Charles Ferro, Development Review Manager, Planning
Sarah Shaffer, Associate Planner
EXECUTIVE SUMMARY
The purpose of this item is for City Council to consider a revocable permit to authorize a twenty-
year revocable permit (“Revocable Permit”) for a 45-foot long portion of conduit containing a 1-
1/2” dewatering pipe connecting Phase 1 and Phase 2 of the Pearl Place development, which
encroach across a public access easement and a flood, drainage and irrigation easement located
at 2920 – 2930 Pearl Street; and to authorize the City Manager to execute the attached Revocable
Permit (see Attachment A and Attachment B). Considering the permanency of the
encroachment, as well as its essential role in storm water management on site, a long-term
revocable permit for that portion of the dewatering pipe crossing public easements is necessary.
Pursuant to Section 2-2-8, “Conveyance of City Real Property Interests”, B.R.C. 1981, City
Council approval is required for lease and permit terms which exceed three years.
Item 3E - Approval of 20-year revocable permit at 2930 Pearl St Page 1
STAFF RECOMMENDATION
Suggested Motion Language:
Staff requests council consideration of this matter and action in the form of the following
motion:
Motion to authorize the City Manager to approve and execute a long-term revocable
permit, essentially in the form as attached to the staff memorandum, for approximately a
45-foot long portion of conduit containing a 1-1/2” dewatering pipe crossing a public
access easement and a flood, drainage and irrigation easement located at 2920 – 2930
Pearl Street for up to twenty (20) years.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
Economic: None identified at this time.
Environmental: The dewatering pipe is an integral component for storm water
drainage. Without the proposed dewater pipe, the stormwater management plan for
the development, as approved by city staff (#TEC2015-00004), cannot be properly
executed or will require the installation of a much smaller, less efficient dewatering
system in Phase 2.
Social: None identified at this time.
OTHER IMPACTS
Fiscal: None identified at this time.
Staff time: The applicant has paid the required application fee to cover the staff review
time of the proposed permit.
PUBLIC FEEDBACK
There is no required public notification for the revocable application process. This item is being
heard as part of the consent agenda and has been advertised in the Daily Camera.
BACKGROUND / PROCESS
Any permit or lease term of three years or greater, up to twenty years, must be approved by the
City Council. The City Manager is authorized to permit encroachments within the public right-
of-way or upon a public easement for a period of three years or less. See Section 2-2-8,
“Conveyance of City Real Property Interest,” B.R.C. 1981, and the City Charter Section 111,
“Terms not longer than twenty years – compensation.” The encroachment at 2920 – 2930 Pearl
Street is permanent in nature and can be permitted for a period exceeding three years only upon
approval of the City Council. Staff has determined that there will be no public need for the leased
area below the surface of the existing ditch and multi-use path for the duration of the permit
term. A copy of the proposed Revocable Permit is attached (see Attachment B).
The subject encroachment is located in the Pearl Place development within the Business
Regional -1 (BR-1) zoning district (reference Figure 1, Vicinity Map). The Pearl Place
Item 3E - Approval of 20-year revocable permit at 2930 Pearl St Page 2
development contains 330,000 square feet of Class A office space split between three- and four-
story buildings in a campus format with below grade parking.
The site review for the Pearl Place project
was approved by Planning Board on Dec.
4, 2014 (LUR2014-00035). As a condition
of approval for the Site Review the
applicant is required to (1) dedicate all
necessary easements required to serve the
development, (2) obtain all necessary
approvals and authorizations for the
portion of telecommunication duct banks
crossing any City easements or right of
way. The public access easement and the
flood, drainage, and irrigation easement in
question were both dedicated on the final
plat provided during the Technical
Document Review process for case
TEC2015-00004. The final plat was
recorded at reception number: 03481756.
During Phase 1 construction, four 4-inch
conduits were built 12-feet below grade, underneath the ditch and multi-use path, and between
the Phase 1 and Phase two sites. These conduits were originally constructed to serve as
telecommunications ducts and were dedicated on the final plat provided as part of the Technical
Document Review TEC2015-00004 and recorded at reception number 03481756. The Xcel
Energy letter of agreement associated with this dedication is available at reception number:
03481849. The applicant intends to use one of the existing conduits to serve as a sleeve to install
a 1-1/2-inch water line to pump ground water from Phase 2 to the dewatering treatment system
located in Phase 1.
During the excavation process for the Phase 2 development project, the applicant discovered that
the groundwater on the site was much lower than anticipated (less than 10 gpm). Due to low
water flows the project would have required a smaller, residential system to treat the low water
flows. These residential systems are less efficient, lack redundancy, can only handle a small
variety of contaminants, and produce treated water with a much lower quality than that of the
system located in Phase 1. Additionally, the dewatering system located in Phase 1 has enough
capacity to support the Phase 2 water and any future water table growth, if necessary. Given this
information, the applicant decided to pursue routing the groundwater flow from Phase 2 to the
dewatering system in Phase 1 via the proposed water pipe encroachment. Ultimately, the
consolidation will reduce program management and maintenance for all parties involved.
Since the encroachments are permanent in nature, a long-term revocable is recommended by city
staff and may be approved if the following criteria are met, pursuant to Section 8-6-6(f), B.R.C.
1981:
1. The encroachment does not constitute a traffic or other hazard.
Figure 1. Vicinity Map
Phase 1
Phase 2
Item 3E - Approval of 20-year revocable permit at 2930 Pearl St Page 3
The telecommunication duct banks used to convey private utilities have already been
constructed on site, pursuant to the approved engineering and architectural plans for Phase 1
construction (TEC2015-00004). As a part of the Technical Document review, city staff
determined that the encroachments do not constitute a traffic or other hazard.
2. The encroachment does not destroy or impair the public’s use of the land for its intended
purposes or serves a public purpose that cannot otherwise be accomplished without such
minor impairment.
The private dewatering pipe crosses a flood, irrigation and storm drainage easement and does
not destroy or impair the use of the land for its intended purposes as it was constructed
specifically to avoid interference with irrigation and drainage across the site. Additionally,
the dewatering pipe crosses a public access easement, currently used as a multi-use path. The
pipe will be located below the surface of the multi-use path, and thus does not impair the
ground-level use of the path.
3. Encroachment on a sidewalk in commercial areas maintains a minimum clearance of eight
feet vertically and horizontally of unobstructed pedestrian way. The requirements of this
paragraph may be modified by the City Manager if reasonable passage is provided on the
sidewalk and the safety of pedestrians, bicyclists and motorists is not impaired.
The entirety of the encroachment will be located below the ground level; thus, this criterion
is not applicable.
4. A longer term use of the public property for the specific term approved will not be contrary
to the public interest and ultimate use of the public right-of-way or public easement; and
there will be no public need for the leased area during the lease period.
A twenty-year revocable permit to allow for the encroachments is not contrary to the public
interest. There is a public need for the public access easement associated with the multi-use
path, but the private dewatering pipe will be located approximately 12 feet below the surface
and not impact the public’s use of the path. There is a public need for the flood, irrigation,
and drainage easement, but the private dewatering pipe does not preclude the use of the
easement for its intended purpose.
5. Adequate compensation is provided to the city throughout the lease term.
A long-term Revocable Permit requires the one-time application fee of $650 and a new
application with associated fee must be filed when the permit term concludes.
Item 3E - Approval of 20-year revocable permit at 2930 Pearl St Page 4
MATRIX OF OPTIONS
City Council may:
1. Approve the twenty-year permit as proposed.
2. Deny the twenty-year permit but direct the City Manager to approve a three-year short-
term permit. The applicant would renew the permit in three year increments, as directed
by the city.
3. Deny both the long-term and short-term permit and require a revised stormwater
management plan for the development that does not include encroachments into public
easements.
ATTACHMENTS
A. Proposed Encroachment Exhibits
B. Proposed Revocable Permit
Item 3E - Approval of 20-year revocable permit at 2930 Pearl St Page 5
Attachment A - Proposed Encroachment Exhibits Item 3E - Approval of 20-year revocable permit at 2930 Pearl St Page 6
BLOCATION OF REQUESTED POINT TOPOINT REVOCABLE PERMIT FORUNDERGROUND CONDUITS - (1) 4" CONDUIT LOCATED UNDERCONCRETE DITCH STRUCTURE.5261.5045' FOOT LONG PORTION OF 1-1/2" POLYDEWATERING PIPE WHICH CROSSES CITYEASEMENTS.EXHIBIT A (SHEET 2 OF 2)Attachment A - Proposed Encroachment Exhibits Item 3E - Approval of 20-year revocable permit at 2930 Pearl St Page 7
Attachment B - Proposed Revocable Permit
Item 3E - Approval of 20-year revocable permit at 2930 Pearl St Page 8
Attachment B - Proposed Revocable Permit
Item 3E - Approval of 20-year revocable permit at 2930 Pearl St Page 9
Attachment B - Proposed Revocable Permit
Item 3E - Approval of 20-year revocable permit at 2930 Pearl St Page 10
Attachment B - Proposed Revocable Permit
Item 3E - Approval of 20-year revocable permit at 2930 Pearl St Page 11
Attachment B - Proposed Revocable Permit
Item 3E - Approval of 20-year revocable permit at 2930 Pearl St Page 12
Attachment B - Proposed Revocable Permit Item 3E - Approval of 20-year revocable permit at 2930 Pearl St Page 13
Attachment B - Proposed Revocable Permit Item 3E - Approval of 20-year revocable permit at 2930 Pearl St Page 14
Attachment B - Proposed Revocable Permit
Item 3E - Approval of 20-year revocable permit at 2930 Pearl St Page 15
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: March 3, 2020
AGENDA TITLE
Introduction, first reading and consideration of motion to order published by title only
the following ordinances related to the current e-scooter moratorium:
1.Ordinance prohibiting the city manager from issuing a business license to a
company offering shared electric scooters by amending Sections 3-17-3, “Sales and
Use Tax or Business License Required,” and 7-1-1, “Definitions,” B.R.C. 1981; and
setting forth related details,
or in the alternative:
1.B. Ordinance prohibiting the manager from issuing a business license
to any business to engage in offering shared, stand-up styled electric scooters
and creating a pilot project allowing sit-down style electric scooters in a
designated area but excluding open space land by amending Sections 3-17-3,
“Sales and Use Tax or Business License Required,” and 7-1-1, “Definitions,”
B.R.C. 1981; and setting forth related details,
2.Ordinance extending a moratorium temporarily prohibiting the city manager
from issuing any business license to a commercial electric scooter company and
prohibiting the use of electric scooters on open space until October 21, 2020; and
setting forth related details.
Item 3E - 1st Rdg Ords 8386, 8387, and 8388 Shared E-scooter Moratorium Extension Page 1
PRESENTERS
Jane S. Brautigam, City Manager
Thomas A. Carr, City Attorney
Janet Michels, Senior Assistant City Attorney
Bill Cowern, Principal Traffic Engineer, Interim Director of Transportation and
Mobility
Chris Hagelin, Interim GO Boulder Manager, Senior Transportation Planner
David Kemp, Senior Transportation Planner
EXECUTIVE SUMMARY
In June 2019, the General Assembly passed House Bill 19-1221, which was promoted by
operators of commercial electric scooter (e-scooter) companies. HB19-1221 authorized
the operation of e-scooters on public roads. Prior to the passage of HB19-1221, the
operation of e-scooters anywhere in the city of Boulder other than on private property
was prohibited by city code.
Ordinance 8326 was adopted by council on May 21, 2019, to preserve the status quo, by
prohibiting the city manager from issuing business licenses to commercial operators and
also by prohibiting the use of e-scooters on sidewalks, bike paths and open space trails,
the public spaces where HB19-1221 still allows for local regulation. Ordinance 8326 was
extended until April 21, 2020, by Ordinance 8375.
City Council provided staff direction at the January 28, 2020 City Council Study Session
to not move forward with e-scooters at this time as part of the city’s Shared
Micromobility Program and requested further monitoring of the e-scooter industry and
related aspects, including safety and sustainability. Council is supportive of the
introduction of private sector e-bikes as part of Shared Micromobility Program with an
emphasis on first and final mile solutions. Council also supports appropriate
modifications to the existing Dockless Bike Share Licensing program to make electric-
assist bike share more feasible for companies to operate in Boulder and to serve areas of
Boulder where Boulder B-Cycle is currently not accessible.
Staff has prepared for council consideration three options for a shared e-scooter
ordinance. The options include:
1A: Indefinite prohibition against licensing businesses offering shared e-scooters.
1B: Indefinite prohibition against licensing businesses offering shared, stand-up e-
scooters with a pilot program for licensing a shared, sit-down style of a
lightweight electric vehicle in a designated area.
2: Six-month e-scooter moratorium extension.
Staff has investigated a new sit-down style of e-scooter. These lightweight electric
vehicles come equipped with a seat, larger wheel diameter and higher ground clearance.
Staff recommends experimenting with this new type of lightweight electric vehicle for a
one-year period in a designated area of Boulder while moving forward with an indefinite
prohibition against licensing businesses offering shared, stand-up e-scooters.
Item 3E - 1st Rdg Ords 8386, 8387, and 8388 Shared E-scooter Moratorium Extension Page 2
STAFF RECOMMENDATION
Suggested Motion Language:
Staff requests council consideration of this matter and action in the form of the
following motion:
Motion to introduce and order published by title only:
1.B. Ordinance prohibiting the manager from issuing a business license to any
business to engage in offering shared, stand-up styled electric scooters and creating a
pilot project allowing sit-down style electric scooters in a designated area but
excluding open space land by amending Sections 3-17-3, “Sales and Use Tax or
Business License Required,” and 7-1-1, “Definitions,” B.R.C. 1981; and setting forth
related details.
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
Economic – The proposed ordinances either delay or deny the entry of
commercial e-scooter companies into the City of Boulder, if council authorizes
such. The prohibition or delay may have some marginal impact on the city’s
economy.
Environmental – There is an on-going debate regarding whether e-scooters
provide an environmental benefit or detriment. The delay or denial in commercial
deployment should not have a measurable environmental impact.
Social – Continued analysis of e-scooter industry brings to light new information
regarding areas of concern, including safety, mode shift, sustainability and equity.
OTHER IMPACTS
Fiscal – The work necessary will be performed using existing budget resources.
Staff times – The work will be completed within staff’s existing work plan.
BOARD AND COMMISSION FEEDBACK
The Transportation Advisory Board (TAB) provided input prior to the January 28th City
Council meeting. TAB members expressed support for a pilot program involving e-
scooters but limited to the East Boulder area in order to serve business parks, such as,
Flatirons Business Park, East Walnut and Airport Road.
TAB believes an e-scooter option, in addition to shared bikes/e-bikes, will provide the
employees at these business parks an additional option to commute to and from work, or
leave the business park areas during lunchtime and to run errands without the necessity of
using a motor vehicle. TAB views e-scooters and e-bikes as an excellent way to address
transportation deficiencies within the East Boulder area, which the Board believes can
reduce CO2 emissions and potentially replace thousands of car trips daily at lunchtime
generating from within East Boulder area, which accounts for nearly 18,000 jobs. TAB
believes that many of the safety concerns can be addressed through safety training and
limiting hours of operation.
Item 3E - 1st Rdg Ords 8386, 8387, and 8388 Shared E-scooter Moratorium Extension Page 3
BACKGROUND and ANALYSIS
City Council provided staff direction at the January 28th City Council Study Session to
not move forward with e-scooters as part of the city’s Shared Micromobility Program at
this time and requested further monitoring of the e-scooter industry and related aspects,
including safety and sustainability. Council is supportive of the introduction of private
sector e-bikes as part of a Shared Micromobility Program with an emphasis on first and
final mile solutions.
Staff has prepared three ordinance options for council consideration:
1A: Indefinite prohibition against licensing businesses offering shared e-scooters.
1B: Indefinite prohibition against licensing businesses offering shared, stand-up e-
scooters with a pilot program for licensing a shared, sit-down style of a
lightweight electric vehicle in a designated area.
2: Six-month e-scooter moratorium extension.
The Boulder Revised Code does not currently define “electric scooter.” The proposed
ordinance for option 1A and 1B both add a definition for “electric scooter” that is
identical to the definition adopted by the General Assembly.
Since the January 28th City Council study session, staff has further investigated a new,
sit-down style of e-scooter. These lightweight electric vehicles come equipped with a
seat, larger wheel diameter and offer a higher ground clearance over stand-up e-scooters.
Staff recommends experimenting with this new type of lightweight electric vehicle for a
one-year period in a designated area of Boulder while moving forward with an indefinite
prohibition against licensing businesses offering shared, stand-up e-scooters. Staff will
continue to monitor aspects of the stand-up e-scooter industry and keep council advised
on developments.
If council chooses to move forward with ordinance 1B, specific minimum specifications
pertaining to the sit-down lightweight electric vehicles will be required, including the
following criteria:
A fixed or adjustable saddle (seat),
Front and rear brakes
Front and rear lights
Wheel diameter of fourteen inches or greater
Ground clearance of seven inches or greater
Anticipated lifespan of two years or longer.
Staff is aware of two companies producing this style of lightweight electric vehicles (Veo
and Wheels); both of whom have expressed interest in operating in Boulder.
These lightweight electric vehicles are relatively new and in operation in only a few cities
There is currently no substantive data available regarding their safety and sustainability;
however, the vehicles’ componentry and other specifications indicate these devices
Item 3E - 1st Rdg Ords 8386, 8387, and 8388 Shared E-scooter Moratorium Extension Page 4
would be more durable and would handle variable pavement conditions more effectively
and offer a lower center of gravity for the rider.
The following table provides a visual representation of council’s ordinance options:
Stand-Up Scooter Sit-Down Scooter
Fall 2020 Pilot
in Designated
Area
Option 1A – Indefinite
prohibition against licensing
businesses offering shared e-
scooters
Option 1B - Indefinite
prohibition against licensing
businesses offering shared,
stand-up e-scooters with a
pilot program for licensing a
shared, sit-down style of a
lightweight electric vehicle in
a designated area
Option 2A- 6-Month
Extension of Moratorium on
licensing shared E-Scooter
businesses (for 6 months –
pending further
evaluation)
(for 6 Months –
pending further
Evaluation)
(potential
Spring 2021)
NEXT STEPS
First reading of the ordinance implementing council’s direction will take place March 3,
2020. Second reading of this ordinance and a public hearing is scheduled for April 7,
2020 in conjunction with proposed modifications to the existing Dockless Bike Share
Licensing Program to make electric-assist bike share more feasible for companies to
operate in Boulder and to serve areas of Boulder where Boulder B-Cycle is currently not
accessible.
ATTACHMENT
A – Proposed Ordinance -Prohibit licensing businesses offering shared e-scooters
Item 3E - 1st Rdg Ords 8386, 8387, and 8388 Shared E-scooter Moratorium Extension Page 5
B – Proposed alternative Ordinance -Prohibit licensing businesses offering shared
stand-up e-scooter moratorium with a pilot program for licensing businesses offering
shared sit-down style e-scooters in specified areas
C – Proposed Ordinance - Si x-month e-scooter moratorium extension
Item 3E - 1st Rdg Ords 8386, 8387, and 8388 Shared E-scooter Moratorium Extension Page 6
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ORDINANCE 8386
AN ORDINANCE PROHIBITING THE CITY MANAGER
FROM ISSUING A BUSINESS LICENSE TO A COMPANY
OFFERING SHARED ELECTRIC SCOOTERS BY AMENDING
SECTIONS 3-17-3, “SALES AND USE TAX OR BUSINESS
LICENSE REQUIRED,” 7-1-1, “DEFINITIONS,” B.R.C. 1981,
AND SETTING FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Section 3-17-3, “Sales and Use Tax or Business License Required,” shall be
amended to
(a)The manager shall not issue a sales and use tax license to any business that is
proposing to conduct business activities that are in violation of any of the provisions
of the “Boulder Revised Code” 1981. The sales and use tax license may be referred to
as a “business license.’
(b)Businesses offering shared electric scooters are not eligible for a business license and
as such the manager shall not issue a business license to any business to engage in
offering shared electric scooters.
Section 2. Section 7-1-1, “Definitions” to add a new definition of “electric scooter” to
read:
Electric scooter means a device:
(1)Weighing less than one hundred pounds;
(2)With handlebars and an electric motor;
(3)That is powered by an electric motor; and
(4)That has a maximum speed of twenty miles per hour on a paved surface when powered
Attachment A - Proposed Ordinance 8386
Item 3E - 1st Rdg Ords 8386, 8387, and 8388 Shared E-scooter Moratorium Extension Page 7
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solely by the electric motor.
Section 3. This ordinance is necessary to protect the public health, safety and welfare of
the residents of the city, and covers matters of local concern.
Section 4. The city council deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 3rd day of March 2020.
____________________________________
Sam Weaver,
Mayor
Attest:
____________________________________
Lynnette Beck,
City Clerk
READ ON SECOND READING, PASSED AND ADOPTED this 17th day of March
2020.
____________________________________
Sam Weaver,
Mayor
Attest:
____________________________________
Lynnette Beck,
City Clerk
Attachment A - Proposed Ordinance 8386
Item 3E - 1st Rdg Ords 8386, 8387, and 8388 Shared E-scooter Moratorium Extension Page 8
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ORDINANCE 8387
AN ORDINANCE PROHIBITING THE MANAGER FROM
ISSUING A BUSINESS LICENSE TO ANY BUSINESS TO
ENGAGE IN OFFERING SHARED, STAND-UP STYLED
ELECTRIC SCOOTERS AND CREATING A PILOT PROJECT
ALLOWING SIT-DOWN STYLE ELECTRIC SCOOTERS IN A
DESIGNATED AREA BUT EXCLUDING OPEN SPACE LAND
BY AMENDING SECTIONS 3-17-3, “SALES AND USE TAX
OR BUSINESS LICENSE REQUIRED,” 7-1-1, “DEFINITIONS,”
B.R.C. 1981, AND SETTING FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Section 3-17-3, “Sales and Use Tax or Business License Required,” shall be
amended to
(a)The manager shall not issue a sales and use tax license to any business that is
proposing to conduct business activities that are in violation of any of the provisions
of the “Boulder Revised Code” 1981. The sales and use tax license may be referred to
as a “business license.’
(b)Except as set forth herein, businesses offering shared electric scooters are not eligible
for a business license and as such the manager shall not issue a business license to
any business to engage in offering shared electric scooters, except that the manager
may issue a temporary business license to a business to offer shared electric scooters
that are equipped with a fixed or adjustable seat, front and rear independent dual
actuated braking system, integrated headlight and taillight, wheel diameter of 14
inches or greater, ground clearance of seven inches or greater, and an anticipated
lifespan of two years or longer in a limited area as designated by the city manager in
accordance with Chapter 1-4, “Rulemaking,” B.R.C. 1981. Such rule adopted by the
Attachment B - Proposed Ordinance 8387
Item 3E - 1st Rdg Ords 8386, 8387, and 8388 Shared E-scooter Moratorium Extension Page 9
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manager shall not include open space land. Such temporary business license shall be
issued pursuant to licensing standards specific to micromobility adopted by city
council and shall expire no later than May 31, 2021.
Section 2. Section 7-1-1, “Definitions” to add a new definition of “electronic scooter” to
read:
Electric scooter means a device:
(a) Weighing less than one hundred pounds;
(b) With handlebars and an electric motor;
(c) That is powered by an electric motor; and
(d) That has a maximum speed of twenty miles per hour on a paved surface when powered
solely by the electric motor.
Section 3. This ordinance shall be effective until May 31, 2021.
Section 4. This ordinance is necessary to protect the public health, safety and welfare of
the residents of the city, and covers matters of local concern.
Section 5. The city council deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this this 3rd day of March 2020.
Attachment B - Proposed Ordinance 8387
Item 3E - 1st Rdg Ords 8386, 8387, and 8388 Shared E-scooter Moratorium Extension Page 10
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____________________________________
Sam Weaver,
Mayor
Attest:
____________________________________
Lynnette Beck,
City Clerk
READ ON SECOND READING, PASSED AND ADOPTED this 17th day of March
2020.
____________________________________
Sam Weaver,
Mayor
Attest:
____________________________________
Lynnette Beck,
City Clerk
Attachment B - Proposed Ordinance 8387
Item 3E - 1st Rdg Ords 8386, 8387, and 8388 Shared E-scooter Moratorium Extension Page 11
K:\TRPE\o-8388 1st Rdg 2A-3025.docx
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ORDINANCE 8388
AN ORDINANCE EXTENDING A MORATORIUM
TEMPORARILY PROHIBITING THE CITY MANAGER FROM
ISSUING ANY BUSINESS LICENSE TO A COMMERCIAL
ELECTRIC SCOOTER COMPANY AND PROHIBITING THE
USE OF ELECTIC SCOOTERS ON SIDEWALKS, BIKE PATHS
AND OPEN SPACE UNTIL OCTOBER 21, 2020; AND SETTING
FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Ordinance 8326 is amended to extend the moratorium expiration date in
Section 3 from April 21, 2020 to October 21, 2020. The moratorium is temporary in duration
and may be replaced by subsequent legislative enactment regulating the items by October 21,
2020. The provisions of this ordinance shall expire and no longer be effective as of midnight on
October 21, 2020.
Section 2. This ordinance is necessary to protect the public health, safety and welfare of
the residents of the city, and covers matters of local concern.
Section 3. The city council deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
Attachment C - Proposed Ordinance 8388
Item 3E - 1st Rdg Ords 8386, 8387, and 8388 Shared E-scooter Moratorium Extension Page 12
K:\TRPE\o-8388 1st Rdg 2A-3025.docx
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INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this this 3rd day of March 2020.
____________________________________
Sam Weaver,
Mayor
Attest:
____________________________________
Lynnette Beck,
City Clerk
READ ON SECOND READING, PASSED AND ADOPTED this 17th day of March
2020.
____________________________________
Sam Weaver,
Mayor
Attest:
____________________________________
Lynnette Beck,
City Clerk
Attachment C - Proposed Ordinance 8388
Item 3E - 1st Rdg Ords 8386, 8387, and 8388 Shared E-scooter Moratorium Extension Page 13
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: March 3, 2020
AGENDA TITLE:
Forth reading and consideration of motion to adopt Ordinance 8366 amending Title 10,
“Structures,” B.R.C. 1981 by adopting and modifying international codes regarding
property maintenance, rental licenses, building, electrical, energy conservation,
commercial and industrial energy efficiency, fire, wildland, mechanical, fuel gas, and
plumbing; adopting the 2020 City of Boulder Energy Conservation Code; and setting
forth related details.
PRESENTERS
Jane Brautigam, City Manager
Mary Ann Weideman, Deputy City Manager/ Interim Director of Public Works
Chris Meschuk, Assistant City Manager/ Interim Planning Director
Mike Calderazzo, Fire Chief
Steve Catanach, Director of Climate Initiatives
David Lowrey, Chief Fire Marshall
Will Birchfield, Building Services Manager/Chief Building Official
Carolyn Elam, Energy Manager, Climate Initiatives
Kara Mertz, Sustainability Manager, Climate Initiatives
Christin Whitco, Energy Code Coordinator
EXECUTIVE SUMMARY
The purpose of this item is for City Council to consider Ordinance 8366 (Attachment
A) updating Boulder’s construction codes. The proposed ordinance would amend Title
10, “Structures” by adopting the 2018 Building Codes with local amendments and the
2020 City of Boulder Energy Conservation Code. Boulder’s construction codes were
last updated in 2014. The proposed code updates address a wide range of public health
and safety issues related to the built environment.
The codes proposed for adoption include the 2018 International Building Codes with
local amendments mostly consistent with current amendments to the 2012 codes. The
amendments are compiled in the proposed ordinance and included in Attachment A to
the memo. Significant recommended changes include:
Adoption of the 2018 International Existing Building Code (IEBC)
2018 IEBC CHAPTER 6 - CLASSIFICATION OF WORK: Used to identify
project scopes and as thresholds for energy code requirements/compliance
2018 IBC 2902 and IPC 403: The option of all gender toilet facilities
2018 IRC 313 Sprinkler requirements for newly constructed one-and two-family
dwellings
2018 IRC Appendix Q TINY HOUSES
2018 IRC Appendix R LIGHT STRAW-CLAY CONSTRUCTION
2018 IRC Appendix S STRAWBALE CONSTRUCTION
2018 IFC (46) Section 1103.5: Sprinkler systems for changes of occupancy
2018 WUIC 503.2: Composite decking in the wildland urban interface
Introduction of a deconstruction waste deposit to improve compliance with waste
diversion requirements
Introduction of construction and deconstruction waste requirements for
commercial projects.
Additionally, the 2020 City of Boulder Energy Conservation Code (2020 COBECC) is
also proposed for adoption. The 2020 COBECC is a localized version of the 2018
International Energy Conservation Code that will be 20% more efficient than the national
code. The 2020 COBECC is included as Attachment B. The city has committed to
updating the COBECC on a three-year cycle with the goal of attaining net zero energy
(NZE), outcome-verified codes by 2031 to meet broader city-wide climate commitment
goals. Proposed updates to the COBECC include:
Net-zero energy requirements for all new residential construction larger than
3,000 square feet;
Adoption of performance-based requirements by specific building class for
commercial construction;
Introduction of an outcome-based compliance pathway for commercial
construction;
Introduction of mandatory on-site solar generation for new construction;
Introduction of an offset pathway for achieving code compliance; and
Tailoring the commercial electric vehicle–ready requirements based on building
use.
BACKGROUND
Council passed the proposed Ordinance 8366 on first reading at its November 19, 2019
meeting. A second reading and public hearing was conducted on January 21, 2020 (link
to the Jan. 7th memo and meeting packet), where Council requested the proposed
ordinance be amended to incorporate the following:
Revise the Ordinance effective date from April 1, 2020 to July 1, 2020.
Revise 2018 IRC Appendix Q TINY HOUSES to allow units to be constructed
off-site when inspected and approved by a third party pre-approved by the chief
building official.
At third reading (link to the Feb. 18th memo and meeting packet) Council approved the
revised code language addressing these recommended changes. Ordinance 8366 and
the 2020 City of Boulder Energy Conservation Code have been updated to reflect these
changes and are included as Attachment A and Attachment B to this memo.
STAFF RECOMMENDATION
Suggested Motion Language:
Staff requests council consideration of this matter and action in the form of the
following motion:
Motion to adopt Ordinance 8366 amending Title 10, “Structures,” B.R.C. 1981 by
adopting and modifying international codes regarding property maintenance, rental
licenses, building, electrical, energy conservation, commercial and industrial
energy efficiency, fire, wildland, mechanical, fuel gas, and plumbing; adopting the
2020 City of Boulder Energy Conservation Code; and setting forth related details.
ATTACHMENTS
A: Proposed Ordinance 8366
B: 2020 City of Boulder Energy Conservation Code
Approved semi-rigid tubing connector
International Property
Maintenance Code
International Property Maintenance Code
Deterioration
Ultimate deformation
Detached
Deterioration.
Ultimate deformation.
3.7. Detached,
Deterioration.
Ultimate deformation.
Detached,
Deterioration.
Ultimate deformation.
Detached,
approved
approved
code official
International Building Code
International Building Code
2020 City of
Boulder2012 International Energy Conservation Code
2020 City of Boulder2012 International
Energy Conservation Code
2020 City
of Boulder Energy Conservation Code
International Residential Code
2020 City of Boulder Energy Conservation Code
2020 City of Boulder Energy Conservation
Code
20202017 City of Boulder Energy Conservation Code
International Residential
Code
International Residential
Code
International Residential
Code
International Existing Building Code
work areas
work area
International Building Code
work area
International Building Code
works areas
2017 2020 City of Boulder Energy Conservation Code
2020 City of
Boulder Energy Conservation Code
2020 City of Boulder
Energy Conservation Code
2020 International Energy
Conservation Code
2020 City of Boulder
Energy Conservation Code
2020 City of Boulder
Energy Conservation Code
2020 International Energy
Conservation Code
2020 City
of Boulder Energy Conservation Code
International
Fire Code
International Fire Code
….
Open Burning
Sky Lantern
Tank Truck
Transport route
The National Fire Alarm and Signaling
Code.
International
Wildland-Urban Interface Code
International Wildland-Urban Interface Code
International
Mechanical Code
International Mechanical Code
International Fuel Gas Code
International Fuel Gas Code
International Plumbing Code
International Plumbing Code
2017 City of Boulder
Energy Conservation Code 2020 City of Boulder Energy
Conservation Code 2020 City of Boulder
Energy Conservation Code
2020 City of Boulder Energy Conservation Code
2020 City
of Boulder Energy Conservation Code
ENERGY CONSERVATION CODE
CITY OF BOULDER
2020
BASED ON THE 2018 INTERNATIONAL
ENERGY CONSERVATION CODE
2020 City of Boulder Energy Conservation Code
First Printing: March 2020
ISBN: 978-1-60983-940-6
COPYRIGHT 2020
by
INTERNATIONAL CODE COUNCIL, INC.
ALL RIGHTS RESERVED. This 2020 City of Boulder Energy Conservation Code contains substantial copyrighted material
from the 2018 International Energy Conservation Code, third printing, which is a copyrighted work owned by the International
Code Council, Inc. Without advance written permission from the copyright owner, no part of this book may be reproduced, dis-
tributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by
way of example, and not limitation, photocopying or recording by or in an information storage retrieval system). For information
on use rights and permissions, please contact: ICC Publications, 4051 Flossmoor Road, Country Club Hills, IL 60478. Phone 1-
888-ICC-SAFE (422-7233).
Trademarks: “International Code Council,” the “International Code Council” logo, “ICC,” the “ICC” logo, “International
Energy Conservation Code,” “IECC” and other names and trademarks appearing in this book are registered trademarks of the
International Code Council, Inc., and/or its licensors (as applicable), and may not be used without permission.
PRINTED IN THE USA
T02
PREFACE
Introduction
The 2020 City of Boulder Energy Conservation Code (COBECC) prescribes minimum energy efficiency
and conservation standards for new buildings and for additions and alterations to existing buildings.
The requirements of the COBECC are intended to promote public health, safety and welfare by
requiring the design and construction of buildings in the City of Boulder consistent with the city’s
energy, climate and sustainability goals; national safety standards; and best practices for engineer-
ing and construction technology.
The COBECC introduces new energy efficiency measures and improves the energy performance
requirements for residential buildings and prescriptive requirements for commercial buildings.
The COBECC is based on the 2018 edition of the International Energy Conservation Code®
(IECC®), published by the International Code Council® (ICC®), and incorporates local amendments to
the model code. The COBECC eliminates portions of the model code that do not apply to Boulder
and incorporates Boulder’s local energy conservation requirements in one document.
Since 1996, the city has adopted local amendments to the IECC to impose more stringent energy
efficiency requirements than the model code. Like previous local amendments, the COBECC
imposes more stringent energy efficiency requirements than the model code. The COBECC require-
ments support the climate commitment goals adopted by City Council on December 6, 2016:
• 80 percent reduction of the community’s greenhouse gas emissions below 2005 levels by
2050.
• 100 percent renewable electricity by 2030.
• 80 percent reduction in organizational greenhouse gas emissions below 2008 levels by
2030.
In support of these goals, Boulder has set a target of reaching net zero energy construction by
2031 for new buildings and major alterations through building and energy code requirements. Boul-
der has developed a strategy to achieve that target; adopting increasingly aggressive energy codes
is a key part of the strategy.
Adoption
The 2020 City of Boulder Energy Conservation Code was adopted at fourth reading by the City Coun-
cil of the City of Boulder on March 4, 2020, with the passage of City of Boulder Ordinance No. 8366.
Information regarding the adoption of Ordinance No. 8366 can be reviewed at the City of Boul-
der Central Records Office as part of the City Council agenda materials for March 4, 2020.
Marginal Markings
= Indicates a City of Boulder amendment has been made to the 2018 International
Energy Conservation Code.
>= Indicates model code language deleted by the City of Boulder.
Italicized Terms
Selected words and terms defined in Chapter 2, Definitions, are italicized where they appear in code
text and the Chapter 2 definition applies. Where such words and terms are not italicized, common-
use definitions apply. The words and terms selected have code-specific definitions that the user
should read carefully to facilitate better understanding of the code.
EFFECTIVE USE OF THE
INTERNATIONAL ENERGY CONSERVATION CODE
The 2020 City of Boulder Energy Conservation Code (COBECC) is a model code that regulates mini-
mum energy conservation requirements for new buildings. This code addresses energy conserva-
tion requirements for all aspects of energy uses in both commercial and residential construction,
including heating and ventilating, lighting, water heating, and power usage for appliances and build-
ing systems.
This code is a design document. For example, before one constructs a building, the designer must
determine the minimum insulation R-values and fenestration U-factors for the building exterior
envelope. Depending on whether the building is for residential use or for commercial use, the
COBECC sets forth minimum requirements for exterior envelope insulation, window and door U-fac-
tors and SHGC ratings, duct insulation, lighting and power efficiency, and water distribution insula-
tion.
Arrangement and Format of the 2020 COBECC
The COBECC contains two separate sets of provisions—one for commercial buildings and one for
residential buildings. Each set of provisions is applied separately to buildings within their scope. The
Commercial Provisions apply to all buildings except for residential buildings three stories or less in
height. The Residential Provisions apply to detached one- and two-family dwellings and multiple
single-family dwellings as well as Group R-2, R-3 and R-4 buildings three stories or less in height.
These scopes are based on the definitions of “Commercial building” and “Residential building,”
respectively, in Chapter 2 of each set of provisions. Note that the Commercial Provisions therefore
contain provisions for residential buildings four stories or greater in height. Each set of provisions is
divided into five different parts:
The following is a chapter-by-chapter synopsis of the scope and intent of the provisions of the
City of Boulder International Energy Conservation Code and applies to both the commercial and res-
idential energy provisions:
Chapter 1 Scope and Administration. This chapter contains provisions for the application,
enforcement and administration of subsequent requirements of the code. In addition to establish-
ing the scope of the code, Chapter 1 identifies which buildings and structures come under its pur-
view. Chapter 1 is largely concerned with maintaining “due process of law” in enforcing the energy
conservation criteria contained in the body of this code. Only through careful observation of the
administrative provisions can the code official reasonably expect to demonstrate that “equal pro-
tection under the law” has been provided.
Chapters Subjects
1–2 Administration and definitions
3 Climate zones and general materials requirements
4 Energy efficiency requirements
5 Existing buildings
6 Referenced standards
Chapter 2 Definitions. Chapter 2 is the repository of the definitions of terms used in the body of
the code. Codes are technical documents and every word, term and punctuation mark can impact
the meaning of the code text and the intended results. The code often uses terms that have a
unique meaning in the code and the code meaning can differ substantially from the ordinarily
understood meaning of the term as used outside of the code.
The terms defined in Chapter 2 are deemed to be of prime importance in establishing the mean-
ing and intent of the code text. The user of the code should be familiar with and consult this chapter
because the definitions are essential to the correct interpretation of the code and the user may not
be aware that a term is defined.
Where understanding of a term’s definition is especially key to or necessary for understanding of
a particular code provision, the term is shown in italics. This is true only for those terms that have a
meaning that is unique to the code. In other words, the generally understood meaning of a term or
phrase might not be sufficient or consistent with the meaning prescribed by the code; therefore, it
is essential that the code-defined meaning be known.
Guidance regarding tense, gender and plurality of defined terms as well as guidance regarding
terms not defined in this code is provided.
Chapter 3 General Requirements. Chapter 3 provides interior design conditions that are used
as a basis for assumptions in heating and cooling load calculations, and provides basic material
requirements for insulation materials and fenestration materials.
Chapter 4 Energy Efficiency. Chapter 4 of each set of provisions contains the technical require-
ments for energy efficiency.
Commercial Energy Efficiency. Chapter 4 of the Commercial Provisions contains the energy-
efficiency-related requirements for the design and construction of most types of commercial
buildings and residential buildings greater than three stories in height above grade. This chapter
defines requirements for the portions of the building and building systems that impact energy
use in new commercial construction and new residential construction greater than three stories
in height, and promotes the effective use of energy. In addition to energy conservation require-
ments for the building envelope, this chapter contains requirements that impact energy effi-
ciency for the HVAC systems, the electrical systems and the plumbing systems. It should be
noted, however, that requirements are contained in other codes that have an impact on energy
conservation. For instance, requirements for water flow rates are regulated by the International
Plumbing Code.
Residential Energy Efficiency. Chapter 4 of the Residential Provisions contains the energy-
efficiency-related requirements for the design and construction of residential buildings regulated
under this code. It should be noted that the definition of a residential building in this code is
unique for this code. In this code, a residential building is a detached one- and two-family dwell-
ing and multiple single-family dwellings as well as R-2, R-3 or R-4 buildings three stories or less in
height. All other buildings, including residential buildings greater than three stories in height, are
regulated by the energy conservation requirements in the Commercial Provisions. The applicable
portions of a residential building must comply with the provisions within this chapter for energy
efficiency. This chapter defines requirements for the portions of the building and building sys-
tems that impact energy use in new residential construction and promotes the effective use of
energy. The provisions within the chapter promote energy efficiency in the building envelope,
the heating and cooling system and the service water heating system of the building.
Chapter 5 Existing Buildings. Chapter 5 of each set of provisions contains the technical energy
efficiency requirements for existing buildings. Chapter 5 provisions address the maintenance of
buildings in compliance with the code as well as how additions, alterations, repairs and changes of
occupancy need to be addressed from the standpoint of energy efficiency. Specific provisions are
provided for historic buildings.
Chapter 6 Referenced Standards. The code contains numerous references to standards that
are used to regulate materials and methods of construction. Chapter 6 contains a comprehensive
list of all standards that are referenced in the code. The standards are part of the code to the extent
of the reference to the standard. Compliance with the referenced standard is necessary for compli-
ance with this code. By providing specifically adopted standards, the construction and installation
requirements necessary for compliance with the code can be readily determined. The basis for code
compliance is, therefore, established and available on an equal basis to the code official, contractor,
designer and owner.
Chapter 6 is organized in a manner that makes it easy to locate specific standards. It lists all of
the referenced standards, alphabetically, by acronym of the promulgating agency of the standard.
Each agency’s standards are then listed in either alphabetical or numeric order based on the stan-
dard identification. The list also contains the title of the standard; the edition (date) of the standard
referenced; any addenda included as part of the ICC adoption; and the section or sections of this
code that reference the standard.
Abbreviations and Notations
The following is a list of common abbreviations and units of measurement used in this code. Some
of the abbreviations are for terms defined in Chapter 2. Others are terms used in various tables and
text of the code.
AFUE Annual fuel utilization efficiency
bhp Brake horsepower (fans)
Btu British thermal unit
Btu/h-ft2 Btu per hour per square foot
C-factor See Chapter 2—Definitions
CDD Cooling degree days
cfm Cubic feet per minute
cfm/ft2 Cubic feet per minute per square foot
ci Continuous insulation
COP Coefficient of performance
DCV Demand control ventilation
°C Degrees Celsius
°F Degrees Fahrenheit
DWHR Drain water heat recovery
DX Direct expansion
Ec Combustion efficiency
Ev Ventilation efficiency
Et Thermal efficiency
EER Energy efficiency ratio
EF Energy factor
ERI Energy rating index
F-factor See Chapter 2—Definitions
FDD Fault detection and diagnostics
FEG Fan efficiency grade
FL Full load
ft2 Square foot
gpm Gallons per minute
HDD Heating degree days
hp Horsepower
HSPF Heating seasonal performance factor
HVAC Heating, ventilating and air conditioning
IEER Integrated energy efficiency ratio
IPLV Integrated Part Load Value
Kg/m2 Kilograms per square meter
kW Kilowatt
LPD Light power density (lighting power allowance)
L/s Liters per second
Ls Liner system
m2 Square meters
MERV Minimum efficiency reporting value
NAECA National Appliance Energy Conservation Act
NPLV Nonstandard Part Load Value
Pa Pascal
PF Projection factor
pcf Pounds per cubic foot
psf Pounds per square foot
PTAC Packaged terminal air conditioner
PTHP Packaged terminal heat pump
R-value See Chapter 2—Definitions
SCOP Sensible coefficient of performance
SEER Seasonal energy efficiency ratio
SHGC Solar Heat Gain Coefficient
SPVAC Single packaged vertical air conditioner
SPVHP Single packaged vertical heat pump
SRI Solar reflectance index
SWHF Service water heat recovery factor
U-factor See Chapter 2—Definitions
VAV Variable air volume
VRF Variable refrigerant flow
VT Visible transmittance
WWatts
w.c.Water column
w.g.Water gauge
TABLE OF CONTENTS
Section
C101 Scope and General Requirements. . . . . . . . . . . . . . C-3
C102 Alternative Materials, Design and Methods of
Construction and Equipment . . . . . . . . . . . . . . . C-3
Section
C103 Construction Documents . . . . . . . . . . . . . . . . . . . . C-3
C104 Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-5
C105 Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-5
C106 Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-5
C107 Referenced Standards. . . . . . . . . . . . . . . . . . . . . . . C-6
C108 Stop Work Order . . . . . . . . . . . . . . . . . . . . . . . . . . C-6
C109 Board of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . C-6
Section
C201 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-7
C202 General Definitions . . . . . . . . . . . . . . . . . . . . . . . . C-7
Section
C301 Climate Zones. . . . . . . . . . . . . . . . . . . . . . . . . . . . C-15
C302 Design Conditions . . . . . . . . . . . . . . . . . . . . . . . . C-15
C303 Materials, Systems and Equipment . . . . . . . . . . . C-15
Section
C401 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-17
C402 Building Envelope Requirements . . . . . . . . . . . . C-17
C403 Building Mechanical Systems . . . . . . . . . . . . . . . C-25
C404 Service Water Heating (Mandatory) . . . . . . . . . . C-54
C405 Electrical Power and Lighting Systems. . . . . . . . C-58
C406 Solar Readiness . . . . . . . . . . . . . . . . . . . . . . . . . . C-73
C407 Total Building Performance. . . . . . . . . . . . . . . . . C-74
C408 Maintenance Information and
System Commissioning . . . . . . . . . . . . . . . . . . . . C-77
Section
C501 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-83
C502 Additions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-83
C503 Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-84
C504 Repairs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-85
C505 Change of Occupancy or Use . . . . . . . . . . . . . . . C-86
User note:
About this chapter: Chapter 1 establishes the limits of applicability of the code and describes how the code is to be applied and enforced.
Chapter 1 is in two parts: Part 1—Scope and Application and Part 2—Administration and Enforcement. Section 101 identifies what buildings,
systems, appliances and equipment fall under its purview and references other I-Codes as applicable. Standards and codes are scoped to the
extent referenced.
The code is intended to be adopted as a legally enforceable document and it cannot be effective without adequate provisions for its adminis-
tration and enforcement. The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having
jurisdiction and also establish the rights and privileges of the design professional, contractor and property owner.
This code shall be known as the 2020 City of
Boulder Energy Conservation Code and shall be cited as
such. It is referred to herein as “this code.”
This code applies to commercial buildings
and the buildings’ sites and associated systems and equip-
ment.
This code shall regulate the design and con-
struction of buildings for the effective use and conservation
of energy over the useful life of each building. This code is
intended to provide flexibility to permit the use of innovative
approaches and techniques to achieve this objective. This
code is not intended to abridge safety, health or environmen-
tal requirements contained in other applicable codes or ordi-
nances.
Where, in any specific case, different
sections of this code specify different materials, methods of
construction or other requirements, the most restrictive shall
govern. Where there is a conflict between a general require-
ment and a specific requirement, the specific requirement
shall govern.
Where a building includes both residential building and
commercial building portions, each portion shall be sepa-
rately considered and meet the applicable provisions of
IECC—Commercial Provisions or IECC—Residential
Provisions.
Residential buildings shall meet the
provisions of IECC—Residential Provisions. Commercial
buildings shall meet the provisions of IECC—Commercial
Provisions.
The code official shall
be permitted to approve specific computer software, work-
sheets, compliance manuals and other similar materials
that meet the intent of this code.
The provisions of this code are not intended
to prevent the installation of any material or to prohibit any
design or method of construction not specifically prescribed
by this code, provided that any such alternative has been
approved. An alternative material, design or method of con-
struction shall be approved where the code official finds that
the proposed design is satisfactory and complies with the
intent of the provisions of this code, and that the material,
method or work offered is, for the purpose intended, not less
than the equivalent of that prescribed in this code in quality,
strength, effectiveness, fire resistance, durability and safety.
Where the alternative material, design or method of construc-
tion is not approved, the code official shall respond in writ-
ing, stating the reasons why the alternative was not approved.
The code official or
other authority having jurisdiction shall be permitted to
deem a national, state or local energy efficiency program
to exceed the energy efficiency required by this code.
Buildings approved in writing by such an energy effi-
ciency program shall be considered to be in compliance
with this code. The requirements identified as “manda-
tory” in Chapter 4 shall be met.
Construction documents and other support-
ing data shall be submitted in one or more sets with each
application for a permit. The construction documents shall be
prepared by a registered design professional where required
by the statutes of the jurisdiction in which the project is to be
constructed. Where special conditions exist, the code official
is authorized to require necessary construction documents to
be prepared by a registered design professional.
The code official is authorized to waive the
requirements for construction documents or other support-
ing data if the code official determines they are not neces-
sary to confirm compliance with this code.
Construc-
tion documents shall be drawn to scale on suitable material.
Electronic media documents are permitted to be submitted
where approved by the code official. Construction documents
shall be of sufficient clarity to indicate the location, nature
and extent of the work proposed, and show in sufficient detail
pertinent data and features of the building, systems and
equipment as herein governed. Details shall include, but are
not limited to, the following as applicable:
1. Insulation materials and their R-values.
2. Fenestration U-factors and solar heat gain coefficients
(SHGCs).
3. Area-weighted U-factor and solar heat gain coeffi-
cient (SHGC) calculations.
4. Mechanical system design criteria.
5. Mechanical and service water heating systems and
equipment types, sizes and efficiencies.
6. Economizer description.
7. Equipment and system controls.
8. Fan motor horsepower (hp) and controls.
9. Duct sealing, duct and pipe insulation and location.
10. Lighting fixture schedule with wattage and control
narrative.
11. Location of daylight zones on floor plans.
12. Air sealing details.
The
building thermal envelope shall be represented on the con-
struction drawings.
The code official shall
examine or cause to be examined the accompanying con-
struction documents and shall ascertain whether the construc-
tion indicated and described is in accordance with the
requirements of this code and other pertinent laws or ordi-
nances. The code official is authorized to utilize a registered
design professional, or other approved entity not affiliated
with the building design or construction, in conducting the
review of the plans and specifications for compliance with
the code.
When
the code official issues a permit where construction docu-
ments are required, the construction documents shall be
endorsed in writing and stamped “Reviewed for Code
Compliance.” Such approved construction documents
shall not be changed, modified or altered without authori-
zation from the code official. Work shall be done in accor-
dance with the approved construction documents.
One set of construction documents so reviewed shall be
retained by the code official. The other set shall be
returned to the applicant, kept at the site of work and shall
be open to inspection by the code official or a duly autho-
rized representative.
This code shall not require
changes in the construction documents, construction or
designated occupancy of a structure for which a lawful
permit has been heretofore issued or otherwise lawfully
authorized, and the construction of which has been pur-
sued in good faith within 180 days after the effective date
of this code and has not been abandoned.
The code official shall have
the authority to issue a permit for the construction of part
of an energy conservation system before the construction
documents for the entire system have been submitted or
approved, provided that adequate information and detailed
statements have been filed complying with all pertinent
requirements of this code. The holders of such permit shall
proceed at their own risk without assurance that the permit
for the entire energy conservation system will be granted.
Changes made
during construction that are not in compliance with the
approved construction documents shall be resubmitted for
approval as an amended set of construction documents.
One set of
approved construction documents shall be retained by the
code official for a period of not less than 180 days from date
of completion of the permitted work, or as required by state
or local laws.
The construction documents shall specify that
the documents described in this section be provided to the
building owner or owner’s authorized agent within 90 days of
the date of receipt of the certificate of occupancy.
Construction documents
shall be updated to convey a record of the completed
work. Such updates shall include mechanical, electrical
and control drawings that indicate all changes to size, type
and location of components, equipment and assemblies.
Energy code
compliance documentation and supporting calculations
shall be delivered in one document to the building owner
as part of the project record documents or manuals, or as a
standalone document. This document shall include the
specific energy code edition utilized for compliance deter-
mination for each system, documentation demonstrating
compliance with Section C303.1.3 for each fenestration
product installed, and the interior lighting power compli-
ance path, building area or space-by-space, used to calcu-
late the lighting power allowance.
For projects complying with Item 2 of Section C401.2,
the documentation shall include:
1. The envelope insulation compliance path.
2. All compliance calculations including those
required by Sections C402.1.5, C403.8.1, C405.3
and C405.4.
For projects complying with Section C407, the docu-
mentation shall include that required by Sections C407.4.1
and C407.4.2.
Training shall be
provided to those responsible for maintaining and operat-
ing equipment included in the manuals required by Section
C103.6.2.
The training shall include:
1. Review of manuals and permanent certificate.
2. Hands-on demonstration of all normal maintenance
procedures, normal operating modes, and all emer-
gency shutdown and startup procedures.
3. Training completion report.
A permit shall not be issued until the fees pre-
scribed in Section C104.2 have been paid, nor shall an
amendment to a permit be released until the additional fee, if
any, has been paid.
A fee for each permit shall
be paid as required, in accordance with the schedule as estab-
lished by the applicable governing authority.
Any
person who commences any work before obtaining the neces-
sary permits shall be subject to an additional fee established
by the code official that shall be in addition to the required
permit fees.
The payment of the fee for the con-
struction, alteration, removal or demolition of work done in
connection to or concurrently with the work or activity autho-
rized by a permit shall not relieve the applicant or holder of
the permit from the payment of other fees that are prescribed
by law.
The code official is authorized to establish
a refund policy.
Construction or work for which a permit is
required shall be subject to inspection by the code official, his
or her designated agent or an approved agency, and such con-
struction or work shall remain visible and able to be accessed
for inspection purposes until approved. Approval as a result
of an inspection shall not be construed to be an approval of a
violation of the provisions of this code or of other ordinances
of the jurisdiction. Inspections presuming to give authority to
violate or cancel the provisions of this code or of other ordi-
nances of the jurisdiction shall not be valid. It shall be the
duty of the permit applicant to cause the work to remain visi-
ble and able to be accessed for inspection purposes. Neither
the code official nor the jurisdiction shall be liable for
expense entailed in the removal or replacement of any mate-
rial, product, system or building component required to allow
inspection to validate compliance with this code.
The code official, his or her
designated agent or an approved agency, upon notification,
shall make the inspections set forth in Sections C105.2.1
through C105.2.6.
Inspec-
tions shall verify the footing and foundation insulation R-
value, location, thickness, depth of burial and protection of
insulation as required by the code, approved plans and
specifications.
Inspections shall verify the
correct type of insulation, R-values, location of insulation,
fenestration, U-factor, SHGC and VT, and that air leakage
controls are properly installed, as required by the code,
approved plans and specifications.
Inspections shall verify the
type of insulation, R-values, protection required, controls
and heat traps as required by the code, approved plans and
specifications.
Inspections shall verify the
installed HVAC equipment for the correct type and size,
controls, insulation, R-values, system and damper air leak-
age, minimum fan efficiency, energy recovery and econo-
mizer as required by the code, approved plans and
specifications.
Inspections shall verify light-
ing system controls, components, and meters as required
by the code, approved plans and specifications.
The final inspection shall
include verification of the installation and proper operation
of all required building controls, and documentation veri-
fying activities associated with required building commis-
sioning have been conducted in accordance with Section
C408.
A building shall be reinspected where
determined necessary by the code official.
The code official is
authorized to accept reports of third-party inspection agencies
not affiliated with the building design or construction, pro-
vided that such agencies are approved as to qualifications and
reliability relevant to the building components and systems
that they are inspecting.
It shall be the duty of the holder
of the permit or their duly authorized agent to notify the code
official when work is ready for inspection. It shall be the duty
of the permit holder to provide access to and means for
inspections of such work that are required by this code.
Where any work or instal-
lation does not pass an initial test or inspection, the necessary
corrections shall be made to achieve compliance with this
code. The work or installation shall then be resubmitted to the
code official for inspection and testing.
After the prescribed tests and inspections
indicate that the work complies in all respects with this code,
a notice of approval shall be issued by the code official.
The code official is authorized to
suspend or revoke, in writing, a notice of approval issued
under the provisions of this code wherever the certificate
is issued in error, or on the basis of incorrect information
supplied, or where it is determined that the building or
structure, premise, or portion thereof is in violation of any
ordinance or regulation or any of the provisions of this
code.
If a portion of this code is held to be illegal
or void, such a decision shall not affect the validity of the
remainder of this code.
The codes and
standards referenced in this code shall be those listed in
Chapter 6, and such codes and standards shall be considered
as part of the requirements of this code to the prescribed
extent of each such reference and as further regulated in Sec-
tions C107.1.1 and C107.1.2.
Where conflicts occur between provi-
sions of this code and referenced codes and standards, the
provisions of this code shall apply.
Where the extent of the reference to a referenced code or
standard includes subject matter that is within the scope of
this code, the provisions of this code, as applicable, shall
take precedence over the provisions in the referenced code
or standard.
References to chapter or
section numbers, or to provisions not specifically identified
by number, shall be construed to refer to such chapter, section
or provision of this code.
The provisions of this code shall not be
deemed to nullify any provisions of local, state or federal law.
Where the code official finds any work
regulated by this code being performed in a manner either
contrary to the provisions of this code or dangerous or unsafe,
the code official is authorized to issue a stop work order.
The stop work order shall be in writing and
shall be given to the owner of the property involved, the
owner’s authorized agent, or to the person doing the work.
Upon issuance of a stop work order, the cited work shall
immediately cease. The stop work order shall state the reason
for the order and the conditions under which the cited work
will be permitted to resume.
Where an emergency exists, the code
official shall not be required to give a written notice prior to
stopping the work.
Any person who shall continue
any work after having been served with a stop work order,
except such work as that person is directed to perform to
remove a violation or unsafe condition, shall be liable to a
fine as set by the applicable governing authority.
In order to hear and decide appeals of
orders, decisions or determinations made by the code official
relative to the application and interpretation of this code,
there shall be and is hereby created a board of appeals. The
code official shall be an ex officio member of said board but
shall not have a vote on any matter before the board. The
board of appeals shall be appointed by the governing body
and shall hold office at its pleasure. The board shall adopt
rules of procedure for conducting its business, and shall ren-
der all decisions and findings in writing to the appellant with
a duplicate copy to the code official.
An application for appeal
shall be based on a claim that the true intent of this code or
the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply or
an equally good or better form of construction is proposed.
The board shall not have authority to waive requirements of
this code.
The board of appeals shall consist of
members who are qualified by experience and training and
are not employees of the jurisdiction.
User note:
About this chapter: Codes, by their very nature, are technical documents. Every word, term and punctuation mark can add to or change the
meaning of a technical requirement. It is necessary to maintain a consensus on the specific meaning of each term contained in the code.
Chapter 2 performs this function by stating clearly what specific terms mean for the purposes of the code.
Unless stated otherwise, the following words and
terms in this code shall have the meanings indicated in this
chapter.
Words used in the present tense
include the future; words in the masculine gender include the
feminine and neuter; the singular number includes the plural
and the plural includes the singular.
Terms that are not
defined in this code but are defined in the International Build-
ing Code, International Fire Code, International Fuel Gas
Code, International Mechanical Code, International Plumb-
ing Code or the International Residential Code shall have the
meanings ascribed to them in those codes.
Terms not defined by this chapter
shall have ordinarily accepted meanings such as the context
implies.
See “Wall, above-grade.”
That which enables a device, appliance or
equipment to be reached by ready access or by a means that
first requires the removal or movement of a panel, or similar
obstruction.
An extension or increase in the conditioned
space floor area, number of stories or height of a building or
structure.
One or more materials joined together in a
continuous manner to restrict or prevent the passage of air
through the building thermal envelope and its assemblies.
A device, installed at the building entrance,
that generates and discharges a laminar air stream intended to
prevent the infiltration of external, unconditioned air into the
conditioned spaces, or the loss of interior, conditioned air to
the outside.
Any construction, retrofit or renovation to
an existing structure other than repair or addition. Also, a
change in a building, electrical, gas, mechanical or plumbing
system that involves an extension, addition or change to the
arrangement, type or purpose of the original installation.
An alteration that includes the
removal and replacement or the covering of existing materi-
als, elements, equipment or fixtures using new materials, ele-
ments, equipment or fixtures that serve the same purpose.
An alteration that includes the
reconfiguration of space, the addition or elimination of any
door or window, the reconfiguration or extension of any sys-
tem, or the installation of any additional equipment.
An alteration where the work
area exceeds 50 percent of the building area.
An alteration where the work
area exceeds 50 percent of the building area, mechanical and
lighting systems are substantially replaced, and the alteration
meets the criteria of substantial structural alteration, includ-
ing fenestration replacement.
Acceptable to the code official.
An established and recognized
agency that is regularly engaged in conducting tests or fur-
nishing inspection services, or furnishing product certifica-
tion, where such agency has been approved by the code
official.
Self-acting, operating by its own mechanism
when actuated by some impersonal influence, as, for exam-
ple, a change in current strength, pressure, temperature or
mechanical configuration (see “Manual”).
See “Wall, below-grade.”
A boiler that is capable of more
than a single firing rate in response to a varying temperature
or heating load.
One or more boilers, their piping and
controls that work together to supply steam or hot water to
heat output devices remote from the boiler.
The refrigerant liquid saturation tempera-
ture at a specified pressure.
Any structure used or intended for supporting or
sheltering any use or occupancy, including any mechanical
systems, service water heating systems and electric power
and lighting systems located on the building site and support-
ing the building.
A process that verifies
and documents that the selected building systems have been
designed, installed, and function according to the owner’s
project requirements and construction documents, and to
minimum code requirements.
Any door, set of doors, door-
way, or other form of portal that is used to gain access to the
building from the outside by the public.
A contiguous area of land that is under
the ownership or control of one entity.
The basement walls,
exterior walls, floors, ceilings, roofs and any other building ele-
ment assemblies that enclose conditioned space or provide a
boundary between conditioned space and exempt or uncon-
ditioned space.
A lighting control that will
not release the key that activates the override when the light-
ing is on.
Insulating material located
between framing members.
The coeffi-
cient of heat transmission (surface to surface) through a build-
ing component or assembly, equal to the time rate of heat flow
per unit area and the unit temperature difference between the
warm side and cold side surfaces (Btu/h • ft2 • °F) [W/(m2 •
K)].
A change in the use of a
building or a portion of a building that results in any of the
following:
1. A change of occupancy classification.
2. A change from one group to another group within an
occupancy classification.
3. Any change in use within a group for which there is a
change in the application of the requirements of this
code.
A specifically
designed water distribution system where one or more pumps
are operated in the service hot water piping to circulate
heated water from the water-heating equipment to the fixture
supply and back to the water-heating equipment.
A geographical region based on climatic
criteria as specified in this code.
The officer or other designated authority
charged with the administration and enforcement of this code,
or a duly authorized representative.
The ratio of the rate of heat removal to the rate of
energy input, in consistent units, for a complete refrigerating
system or some specific portion of that system under desig-
nated operating conditions.
The ratio of the rate of heat delivered to the rate of
energy input, in consistent units, for a complete heat pump
system, including the compressor and, if applicable, auxiliary
heat, under designated operating conditions.
For this code, all buildings
that are not included in the definition of “Residential build-
ing.”
A room whose primary function is to
house equipment for the processing and storage of electronic
data and that has a design electronic data equipment power
density of less than 20 watts per square foot (20 watts per
0.092 m2) of conditioned floor area or a connected design
electronic data equipment load of less than 10 kW.
A factory-made assembly of refrig-
eration components designed to compress and liquefy a spe-
cific refrigerant. The unit consists of one or more refrigerant
compressors, refrigerant condensers (air-cooled, evapora-
tively cooled, or water-cooled), condenser fans and motors
(where used) and factory-supplied accessories.
The horizontal projection
of the floors associated with the conditioned space.
An area, room or space that is
enclosed within the building thermal envelope and is directly
or indirectly heated or cooled. Spaces are indirectly heated or
cooled where they communicate through openings with con-
ditioned spaces, where they are separated from conditioned
spaces by uninsulated walls, floors or ceilings, or where they
contain uninsulated ducts, piping or other sources of heating
or cooling.
The total value of work
requiring building, mechanical, plumbing and electrical per-
mits; to be determined consistent with the standards of Sub-
section 4-20-4(d), B.R.C. 1981. The higher of the two
valuations considered under Subsection 4-20-4(d), B.R.C.
1981, shall be the total value of work.
Insulating material
that is continuous across all structural members without ther-
mal bridges other than fasteners and service openings. It is
installed on the interior or exterior or is integral to any
opaque surface of the building envelope.
The opaque portion of a wall that
encloses a crawl space and is partially or totally below grade.
Fenestration products used to create an
external nonload-bearing wall that is designed to separate the
exterior and interior environments.
A device or sys-
tem that provides automatic control of electric light levels
based on the amount of daylight in a space.
That portion of a building’s interior
floor area that is illuminated by natural light.
A ventila-
tion system capability that provides for the automatic reduction
of outdoor air intake below design rates when the actual occu-
pancy of spaces served by the system is less than design occu-
pancy.
A water
distribution system having one or more recirculation pumps
that pump water from a heated water supply pipe back to the
heated water source through a cold water supply pipe.
A tube or conduit utilized for conveying air. The air
passages of self-contained systems are not to be construed as
air ducts.
A continuous passageway for the transmis-
sion of air that, in addition to ducts, includes duct fittings,
dampers, plenums, fans and accessory air-handling equipment
and appliances.
A single unit providing complete inde-
pendent living facilities for one or more persons, including per-
manent provisions for living, sleeping, eating, cooking and
sanitation.
Any fenestration product that has
the fully reversible ability to change its performance proper-
ties, including U-factor, solar heat gain coefficient (SHGC),
or visible transmittance (VT).
A duct and damper arrangement and
automatic control system that allows a cooling system to sup-
ply outside air to reduce or eliminate the need for mechanical
cooling during mild or cold weather.
A system where the supply air
of a cooling system is cooled indirectly with water that is itself
cooled by heat or mass transfer to the environment without the
use of mechanical cooling.
A motorized vehicle regis-
tered for on-road use, powered by an electric motor that
draws current from rechargeable storage that is charged by
being plugged into an electrical source.
A designated
parking space that is provided with conduit sized for a 40-
amp, 208/240-volt dedicated branch circuit from a building
electrical service panel to the parking space and sufficient
physical space in the same building electrical service panel to
accommodate a 40-amp dual-pole circuit breaker.
A parking space
that is provided with one 40-amp, 208/240-volt dedicated
branch circuit for electric vehicle supply equipment that is
terminated at a receptacle, a junction box or electric vehicle
supply equipment within the parking space.
The electrical conductors and equipment external to the elec-
tric vehicle that provide a connection between an electric
vehicle and a power source to provide electric vehicle
charging.
A parking space with electric vehicle
supply equipment capable of supplying current at 40 amps at
208/240 volt.
A volume surrounded by solid sur-
faces such as walls, floors, roofs, and openable devices such
as doors and operable windows.
A method for estimating the annual
energy use of the proposed design and standard reference
design based on estimates of energy use.
The total estimated annual cost for pur-
chased energy for the building functions regulated by this code,
including applicable demand charges.
A city-approved and
city-managed offset fund providing a payment option in lieu
of complying with city program renewable energy and/or off-
set requirements.
Sys-
tems that employ air-to-air heat exchangers to recover energy
from exhaust air for the purpose of preheating, precooling,
humidifying or dehumidifying outdoor ventilation air prior to
supplying the air to a space, either directly or as part of an
HVAC system.
An approved software
program or calculation-based methodology that projects the
annual energy use of a building.
The annual building
site energy use per square foot of gross floor area in units of
kBTU/sq ft.
A vertical fenestration product used for
occupant ingress, egress and access in nonresidential build-
ings, including, but not limited to, exterior entrances utilizing
latching hardware and automatic closers and containing over 50
percent glazing specifically designed to withstand heavy-duty
usage.
The power per
unit area of equipment serving plug and process loads of the
building or space, expressed in W/ft2 of building gross floor
area.
A space that contains either electrical
equipment, mechanical equipment, machinery, water pumps or
hydraulic pumps that are a function of the building’s services.
Walls including both above-grade walls
and basement walls.
The horsepower
delivered to the fan’s shaft. Brake horsepower does not include
the mechanical drive losses such as that from belts and gears.
A numerical rating
identifying the fan’s aerodynamic ability to convert shaft
power, or impeller power in the case of a direct-driven fan, to
air power.
The sum of the fan brake horsepower of
all fans that are required to operate at fan system design condi-
tions to supply air from the heating or cooling source to the
conditioned spaces and return it to the source or exhaust it to
the outdoors.
Operating condi-
tions that can be expected to occur during normal system oper-
ation that result in the highest supply fan airflow rate to
conditioned spaces served by the system, other than during air
economizer operation.
The sum of the
motor nameplate horsepower of all fans that are required to
operate at design conditions to supply air from the heating or
cooling source to the conditioned spaces and return it to the
source or exhaust it to the outdoors.
Products classified as either skylights or
vertical fenestration.
Glass or other transparent or translucent glaz-
ing material installed at a slope of less than 60 degrees
(1.05 rad) from horizontal, including unit skylights, tubu-
lar daylighting devices and glazing materials in solariums,
sunrooms, roofs and sloped walls.
Windows that are fixed or opera-
ble, opaque doors, glazed doors, glazed block and combi-
nation opaque and glazed doors composed of glass or
other transparent or translucent glazing materials and
installed at a slope of not less than 60 degrees (1.05 rad)
from horizontal.
A fenestration product whose frame is made at the construc-
tion site of standard dimensional lumber or other materials
that were not previously cut, or otherwise formed with the
specific intention of being used to fabricate a fenestration
product or exterior door. Field fabricated does not include
site-built fenestration.
A fenestra-
tion designed to be made up of field-glazed or field-assem-
bled units using specific factory cut or otherwise factory-
formed framing and glazing units. Examples of site-built
fenestration include storefront systems, curtain walls, and
atrium roof systems.
The perimeter heat loss factor for slab-on-grade
floors (Btu/h • ft • °F) [W/(m • K)].
The actual occupied area not includ-
ing unoccupied accessory areas such as corridors, stairways,
toilet rooms, mechanical rooms and closets.
Lighting that provides a substan-
tially uniform level of illumination throughout an area. Gen-
eral lighting shall not include decorative lighting or lighting
that provides a dissimilar level of illumination to serve a spe-
cialized application or feature within such area.
A structure or a thermally isolated area of
a building that maintains a specialized sunlit environment
exclusively used for, and essential to, the cultivation, protec-
tion or maintenance of plants.
Buildings or portions of buildings that contain
any of the following occupancies as established in the Inter-
national Building Code:
1.Group R-1.
2.Group R-2 where located more than three stories in
height above grade plane.
3.Group R-4 where located more than three stories in
height above grade plane.
An arrangement of piping and fittings, such as
elbows, or a commercially available heat trap that prevents
thermosyphoning of hot water during standby periods.
Slab-on-grade construction in which the
heating elements, hydronic tubing, or hot air distribution sys-
tem is in contact with, or placed within or under, the slab.
A nonswinging door used primarily
to facilitate vehicular access or material transportation, with a
minimum opening rate of 32 inches (813 mm) per second, a
minimum closing rate of 24 inches (610 mm) per second and
that includes an automatic-closing device.
Any building or structure that is
one or more of the following:
1. Listed, or certified as eligible for listing by the State
Historic Preservation Officer or the Keeper of the
National Register of Historic Places, in the National
Register of Historic Places.
2. Designated as historic under an applicable state or local
law.
3. Certified as a contributing resource within a National
Register-listed, state-designated or locally designated
historic district.
A regulatory device, actuated by changes in
humidity, used for automatic control of relative humidity.
An electric motor that meets all
of the following:
1. It is an induction motor designed for use with three-
phase power.
2. It contains a cage rotor.
3. It is capable of direct-on-line starting.
4. It has four, six or eight poles.
5. It is rated from 0.4 kW to 1600 kW at a frequency of 60
hertz.
An electric motor that meets all
of the following:
1. It is an induction motor designed for use with three-
phase power.
2. It contains a cage rotor.
3. It is capable of direct-on-line starting.
4. It has two, four, six or eight poles.
5. It is rated from 0.4 kW to 1600 kW at a frequency of 60
hertz.
The uncontrolled inward air leakage into a
building caused by the pressure effects of wind or the effect of
differences in the indoor and outdoor air density or both.
A single-
number figure of merit based on part-load EER, COP or kW/ton
expressing part-load efficiency for air-conditioning and heat
pump equipment on the basis of weighted operation at various
load capacities for equipment.
Devices that isolate HVAC zones
so that they can be operated independently of one another.
Isolation devices include separate systems, isolation dampers,
and controls providing shutoff at terminal boxes.
Equipment, materials or products to which have
been affixed a label, seal, symbol or other identifying mark of a
nationally recognized testing laboratory, approved agency or
other organization concerned with product evaluation that
maintains periodic inspection of the production of the
labeled items and whose labeling indicates either that the
equipment, material or product meets identified standards or
has been tested and found suitable for a specified purpose.
A system that includes the follow-
ing:
1. A continuous vapor barrier liner membrane that is
installed below the purlins and that is uninterrupted by
framing members.
2. An uncompressed, unfaced insulation resting on top of
the liner membrane and located between the purlins.
For multilayer installations, the last rated R-value of insu-
lation is for unfaced insulation draped over purlins and then
compressed when the metal roof panels are attached.
Equipment, materials, products or services included
in a list published by an organization acceptable to the code
official and concerned with evaluation of products or services
that maintains periodic inspection of production of listed
equipment or materials or periodic evaluation of services and
whose listing states either that the equipment, material, product
or service meets identified standards or has been tested and
found suitable for a specified purpose.
A roof having a slope less than 2
units vertical in 12 units horizontal.
A transformer that is air-cooled, does
not use oil as a coolant, has an input voltage less than or equal
to 600 volts and is rated for operation at a frequency of 60
hertz.
A light-
ing system consisting of one or more luminaires with em-
bedded lighting control logic, occupancy and ambient light
sensors, wireless networking capabilities and local override
switching capability, where required.
Capable of being operated by personal interven-
tion (see “Automatic”).
The nominal motor output
power rating stamped on the motor nameplate.
A squirrel-cage motor that
meets all of the following:
1. It is designed to withstand full-voltage starting and
develop locked-rotor torque as shown in paragraph
12.38.1 of NEMA MG 1.
2. It has pull-up torque not less than the values shown in
paragraph 12.40.1 of NEMA MG 1.
3. It has breakdown torque not less than the values shown
in paragraph 12.39.1 of NEMA MG 1.
4. It has a locked-rotor current higher than the values
shown in paragraph 12.35.1 of NEMA MG 1 for 60
hertz and paragraph 12.35.2 of NEMA MG 1 for 50
hertz.
5. It has a slip at rated load of less than 5 percent for
motors with fewer than 10 poles.
A squirrel-cage motor that
meets all of the following:
1. It is designed to withstand full-voltage starting.
2. It develops locked-rotor, breakdown, and pull-up
torques adequate for general application as specified in
Sections 12.38, 12.39 and 12.40 of NEMA MG1.
3. It draws locked-rotor current not to exceed the values
shown in Section 12.35.1 for 60 hertz and Section
12.35.2 for 50 hertz of NEMA MG1.
4. It has a slip at rated load of less than 5 percent for
motors with fewer than 10 poles.
A squirrel-cage motor that
meets all of the following:
1. Designed to withstand full-voltage starting and develop
locked-rotor torque for high-torque applications up to
the values shown in paragraph 12.38.2 of NEMA MG1
(incorporated by reference, see A§431.15).
2. It has pull-up torque not less than the values shown in
paragraph 12.40.2 of NEMA MG1.
3. It has breakdown torque not less than the values shown
in paragraph 12.39.2 of NEMA MG1.
4. It has a locked-rotor current not to exceed the values
shown in paragraph 12.35.1 of NEMA MG1 for 60
hertz and paragraph 12.35.2 for 50 hertz.
5. It has a slip at rated load of less than 5 percent.
A
control system, accessible from the front desk or other central
location associated with a Group R-1 building, that is capable
of identifying the occupancy status of each guestroom
according to a timed schedule, and is capable of controlling
HVAC in each hotel and motel guestroom separately.
A sin-
gle-number part-load efficiency figure of merit calculated and
referenced to conditions other than IPLV conditions, for units
that are not designed to operate at AHRI standard rating con-
ditions.
An automatic control
device or system that detects the presence or absence of peo-
ple within an area and causes lighting, equipment or appli-
ances to be regulated accordingly.
Energy derived from
solar radiation, wind, waves, tides, landfill gas, biogas, bio-
mass or the internal heat of the earth. The energy system pro-
viding on-site renewable energy shall be located on the project
site.
A door that is not less than 50-percent
opaque in surface area.
A fan con-
sisting of a centrifugal or axial impeller with an integral driver
in a weather-resistant housing and with a base designed to fit,
usually by means of a curb, over a wall or roof opening.
A description of the proposed build-
ing used to estimate annual energy use for determining compli-
ance based on total building performance.
A heating system that
transfers heat to objects and surfaces within a conditioned
space, primarily by infrared radiation.
That which enables a device, appli-
ance or equipment to be directly reached, without requiring
the removal or movement of any panel or similar obstruction.
The refrigerant vapor satu-
ration temperature at a specified pressure.
An
enclosed storage space capable of being refrigerated to tem-
peratures above 32°F (0°C), that can be walked into and has a
total chilled storage area of not less than 3,000 square feet
(279 m2).
An
enclosed storage space capable of being refrigerated to tem-
peratures at or below 32°F (0°C), that can be walked into and
has a total chilled storage area of not less than 3,000 square
feet (279 m2).
Systems for maintaining food product in a frozen state in
refrigeration applications.
Systems for maintaining food product above freezing
in refrigeration applications.
An individual
who is registered or licensed to practice their respective
design profession as defined by the statutory requirements of
the professional registration laws of the state or jurisdiction in
which the project is to be constructed.
The reconstruction or renewal of any part of an
existing building for the purpose of its maintenance or to cor-
rect damage.
The process of recovering or replacing an
existing roof covering. See “Roof recover” and “Roof
replacement.”
For this code, includes
detached one- and two-family dwellings and townhouses, and
Group R-2, R-3 and R-4 buildings three stories or less in
height above grade plane with separate means of egress.
A system designed to provide weather
protection and resistance to design loads. The system consists
of a roof covering and roof deck or a single component serving
as both the roof covering and the roof deck. A roof assembly
includes the roof covering, underlayment, roof deck, insula-
tion, vapor retarder and interior finish.
The process of installing an additional
roof covering over an existing roof covering without remov-
ing the existing roof covering.
Reconstruction or renewal of any part of
an existing roof for the purpose of its maintenance.
The process of removing the exist-
ing roof covering, repairing any damaged substrate and
installing a new roof covering.
A raised section of a roof contain-
ing vertical fenestration along one or more sides.
The inverse of the
time rate of heat flow through a body from one of its bounding
surfaces to the other surface for a unit temperature difference
between the two surfaces, under steady state conditions, per
unit area (h • ft2 • °F/Btu) [(m2 • K)/W].
The
saturation temperature corresponding to the measured refrig-
erant pressure at the condenser inlet for single component and
azeotropic refrigerants, and the arithmetic average of the dew
point and bubble point temperatures corresponding to the
refrigerant pressure at the condenser entrance for zeotropic
refrigerants.
Supply of hot water for pur-
poses other than comfort heating.
A room or space in which people sleep,
that can include permanent provisions for living, eating, and
either sanitation or kitchen facilities but not both. Such rooms
and spaces that are part of a dwelling unit are not sleeping
units.
A general purpose, alter-
nating current, single speed induction motor.
The ratio of
the solar heat gain entering the space through the fenestration
assembly to the incident solar radiation. Solar heat gain
includes directly transmitted solar heat and absorbed solar
radiation, that is then reradiated, conducted or convected into
the space.
A version of the pro-
posed design that meets the minimum requirements of this
code and is used to determine the maximum annual energy use
requirement for compliance based on total building perfor-
mance.
A system of doors and windows mulled as a
composite fenestration structure that has been designed to resist
heavy use. Storefront systems include, but are not limited to,
exterior fenestration systems that span from the floor level or
above to the ceiling of the same story on commercial buildings,
with or without mulled windows and doors.
An
alteration in which the gravity load-carrying structural ele-
ments altered within a five-year period support more than 30
percent of the total floor area and roof area of the building or
structure. The areas to be counted toward the 30 percent shall
include mezzanines, penthouses, and in-filled courts and
shafts tributary to the altered structural elements.
An automatic control device used to main-
tain temperature at a fixed or adjustable setpoint.
An automatic control device
or system that controls lighting or other loads, including
switching off, based on time schedules.
The coeffi-
cient of heat transmission (air to air) through a building compo-
nent or assembly, equal to the time rate of heat flow per unit
area and unit temperature difference between the warm side
and cold side air films (Btu/h • ft2 • °F) [W/(m2 • K)].
An engi-
neered direct-expansion (DX) refrigerant system that incor-
porates a common condensing unit, at least one variable-
capacity compressor, a distributed refrigerant piping network
to multiple indoor fan heating and cooling units each capable
of individual zone temperature control, through integral zone
temperature control devices and a common communications
network. Variable refrigerant flow utilizes three or more steps
of control on common interconnecting piping.
The natural or mechanical process of sup-
plying conditioned or unconditioned air to, or removing such
air from, any space.
That portion of supply air that comes
from outside (outdoors) plus any recirculated air that has been
treated to maintain the desired quality of air within a designated
space.
The ratio of visible
light entering the space through the fenestration product
assembly to the incident visible light. Visible transmittance
includes the effects of glazing material and frame and is
expressed as a number between 0 and 1.
A decrease in voltage caused by losses
in the wiring systems that connect the power source to the
load.
An enclosed storage space capable of
being refrigerated to temperatures above 32°F (0°C) and less
than 55°F (12.8°C) that can be walked into, has a ceiling
height of not less than 7 feet (2134 mm) and has a total
chilled storage area of less than 3,000 square feet (279 m2).
An enclosed storage space capable
of being refrigerated to temperatures at or below 32°F (0°C)
that can be walked into, has a ceiling height of not less than 7
feet (2134 mm) and has a total chilled storage area of less
than 3,000 square feet (279 m2).
A wall associated with the build-
ing thermal envelope that is more than 15 percent above
grade and is on the exterior of the building or any wall that is
associated with the building thermal envelope that is not on
the exterior of the building.
A wall associated with the base-
ment or first story of the building that is part of the building
thermal envelope, is not less than 85 percent below grade and
is on the exterior of the building.
Any heating appliance or equipment
that heats potable water and supplies such water to the pota-
ble hot water distribution system.
A space or group of spaces within a building with heat-
ing or cooling requirements that are sufficiently similar so that
desired conditions can be maintained throughout using a single
controlling device.
User note:
About this chapter: Chapter 3 addresses broadly applicable requirements that would not be at home in other chapters having more specific
coverage of subject matter. This chapter establishes climate zone by U.S. counties and also contains product rating, marking and installation
requirements for materials such as insulation, windows, doors and siding.
This code shall apply only to projects
located in Boulder, Colorado.
The interior design tem-
peratures used for heating and cooling load calculations shall
be a maximum of 72°F (22°C) for heating and minimum of
75°F (24°C) for cooling.
Materials, systems and equipment
shall be identified in a manner that will allow a determination
of compliance with the applicable provisions of this code.
An R-
value identification mark shall be applied by the manufac-
turer to each piece of building thermal envelope insulation
12 inches (305 mm) or greater in width. Alternatively, the
insulation installers shall provide a certification listing the
type, manufacturer and R-value of insulation installed in
each element of the building thermal envelope. For blown-
in or sprayed fiberglass and cellulose insulation, the initial
installed thickness, settled thickness, settled R-value,
installed density, coverage area and number of bags
installed shall be listed on the certification. For sprayed
polyurethane foam (SPF) insulation, the installed thick-
ness of the areas covered and R-value of installed thick-
ness shall be listed on the certification. For insulated
siding, the R-value shall be labeled on the product’s pack-
age and shall be listed on the certification. The insulation
installer shall sign, date and post the certification in a con-
spicuous location on the job site.
For roof insulation installed above the
deck, the R-value shall be labeled as required by the
material standards specified in Table 1508.2 of the
International Building Code.
The thickness of blown-in or sprayed fiberglass
and cellulose roof/ceiling insulation shall be written in
inches (mm) on markers and one or more of such mark-
ers shall be installed for every 300 square feet (28 m2)
of attic area throughout the attic space. The markers
shall be affixed to the trusses or joists and marked with
the minimum initial installed thickness with numbers
not less than 1 inch (25 mm) in height. Each marker
shall face the attic access opening. Spray polyurethane
foam thickness and installed R-value shall be listed on
certification provided by the insulation installer.
Insulating materi-
als shall be installed such that the manufacturer’s R-value
mark is readily observable upon inspection.
U-factors of fen-
estration products shall be determined as follows:
1. For windows, doors and skylights, U-factor ratings
shall be determined in accordance with NFRC 100.
2. Where required for garage doors and rolling doors,
U-factor ratings shall be determined in accordance
with either NFRC 100 or ANSI/DASMA 105.
U-factors shall be determined by an accredited, inde-
pendent laboratory, and labeled and certified by the manu-
facturer.
Products lacking such a labeled U-factor shall be
assigned a default U-factor from Table C303.1.3(1) or
C303.1.3(2). The solar heat gain coefficient (SHGC) and
visible transmittance (VT) of glazed fenestration products
(windows, glazed doors and skylights) shall be determined
in accordance with NFRC 200 by an accredited, indepen-
dent laboratory, and labeled and certified by the manufac-
turer. Products lacking such a labeled SHGC or VT shall
be assigned a default SHGC or VT from Table
C303.1.3(3).
Metal 1.20 0.80 2.00 1.30
Metal with Thermal Break 1.10 0.65 1.90 1.10
Nonmetal or Metal Clad 0.95 0.55 1.75 1.05
Glazed Block 0.60
The thermal resis-
tance (R-value) of insulation shall be determined in accor-
dance with the U.S. Federal Trade Commission R-value
rule (CFR Title 16, Part 460) in units of h • ft2 • °F/Btu at a
mean temperature of 75°F (24°C).
The thermal resistance
(R-value) of insulated siding shall be determined in
accordance with ASTM C1363. Installation for testing
shall be in accordance with the manufacturer’s instruc-
tions.
Materials, systems and equipment shall
be installed in accordance with the manufacturer’s instruc-
tions and the International Building Code.
Insulation applied to the exterior of basement walls, crawl
space walls and the perimeter of slab-on-grade floors shall
have a rigid, opaque and weather-resistant protective cov-
ering to prevent the degradation of the insulation’s thermal
performance. The protective covering shall cover the
exposed exterior insulation and extend not less than 6
inches (153 mm) below grade.
Where two or more layers of continuous insulation
board are used in a construction assembly, the continuous
insulation boards shall be installed in accordance with
Section C303.2. Where the continuous insulation board
manufacturer’s instructions do not address installation of
two or more layers, the edge joints between each layer of
continuous insulation boards shall be staggered.
Uninsulated Metal 1.20
Insulated Metal (Rolling)0.90
Insulated Metal (Other)0.60
Wood 0.50
Insulated, nonmetal edge, max 45% glazing,
any glazing double pane 0.35
SHGC 0.8 0.7 0.7 0.6 0.6
VT 0.6 0.3 0.6 0.3 0.6
User note:
About this chapter: Chapter 4 presents the paths and options for compliance with the energy efficiency provisions. Chapter 4 contains
energy efficiency provisions for the building envelope, fenestration, mechanical systems, appliances, freezers and coolers, kitchen exhaust,
interior and exterior lighting, water-heating systems, transformers and motors.
The provisions in this chapter are applicable
to commercial buildings and their building sites.
Commercial buildings shall comply
with one of the following:
1. New buildings with a construction valuation less than
$500,000 shall comply with Sections C402, C403,
C404, C405 and C406.
2. New buildings with a construction valuation of
$500,000 or more shall demonstrate that the building is
designed to achieve an annual energy performance that
is less than or equal to the value identified through Sec-
tion C401.2.1. Compliance shall be demonstrated
through performance modeling that complies with all
requirements of ASHRAE 90.1-2016 Appendix G, as
modified in Section C407 of this code, performed by a
registered design professional. In addition, new build-
ings and additions shall comply with mandatory
requirements of this chapter.
Energy use targets, in units
of site EUI (kBtu/sf-yr), will be determined using one of
the following:
A reduction in annual
energy cost of 25 percent for mixed-fuel buildings or
20 percent for all-electric buildings compared to the
standard reference design of Appendix G of ASHRAE/
IESNA Standard 90.1-2016 Energy Standard for Build-
ings Except for Low-rise Residential Buildings, as
modified in Section C407 of this code. Projects using
this pathway will also be required to report the pre-
dicted energy use intensity (EUI) of the proposed
design, in kBTU/sf-yr, to the building official.
Projects of the
types listed in Table C407.3.2 may use the energy use
intensity (EUI) targets identified in the table in lieu of
baseline modeling. The proposed building model pre-
dicted performance will be demonstrated using the
energy modeling procedures in Appendix G of
ASHRAE/IESNA Standard 90.1-2016 Energy Stan-
dard for Buildings Except for Low-rise Residential
Buildings, as modified in Section C407 of this code.
With
approval of the code official, projects of the types listed in
Table C407.3.2 may demonstrate compliance with this
code by proving that the proposed building has achieved the
EUI performance listed based on metered energy use after
occupancy, as described in Section C407.3.3.
Commercial core and
shell buildings may take credit for energy efficiency that is
part of the future interior tenant finish design, provided
that the efficiency measures are shown on the final tenant
build-out drawings. The code official shall issue a tempo-
rary certificate of occupancy until the final tenant draw-
ings are submitted showing the efficiency measures. If all
efficiency measures are shown on the final tenant draw-
ings, a permanent certificate of occupancy shall be issued.
Alterations, repairs, additions
and change of use to existing buildings shall comply with the
requirements of Chapter 5 of this code.
Building thermal envelope
assemblies for buildings that are intended to comply with the
code on a prescriptive basis in accordance with the compliance
path described in Item 1 of Section C401.2, shall comply with
the following:
1. The opaque portions of the building thermal envelope
shall comply with the specific insulation requirements of
Section C402.2 and the thermal requirements of either the
R-value-based method of Section C402.1.3; the U-, C-
and F-factor-based method of Section C402.1.4; or the
component performance alternative of Section C402.1.5.
2. Roof solar reflectance and thermal emittance shall
comply with Section C402.3.
3. Fenestration in building envelope assemblies shall
comply with Section C402.4.
4. Air leakage of building envelope assemblies shall com-
ply with Section C402.5.
Alternatively, where buildings have a vertical fenestration
area or skylight area exceeding that allowed in Section
C402.4, the building and building thermal envelope shall com-
ply with Section C401.2, Item 2.
Where the total area of penetrations from mechanical equip-
ment listed in Table C403.3.2(3) exceeds 1 percent of the
opaque above-grade wall area, the mechanical equipment pen-
etration area shall be calculated as a separate assembly with a
default U-factor of 0.5 Btu/h • ft2 • °F (3 W/m2 • K) for the pur-
poses of complying with Section C402.1 or C407.
Walk-in coolers, walk-in freezers, refrigerated warehouse
coolers and refrigerated warehouse freezers shall comply
with Section C403.10.1 or C403.10.2.
The following low-
energy buildings, or portions thereof separated from the
remainder of the building by building thermal envelope
assemblies complying with this section, shall be exempt
from the building thermal envelope provisions of Section
C402.
1. Those with a peak design rate of energy usage less
than 3.4 Btu/h • ft2 (10.7 W/m2) or 1.0 watt per square
foot (10.7 W/m2) of floor area for space conditioning
purposes.
2. Those that do not contain conditioned space.
3. Greenhouses.
Buildings that comply
with the following shall be exempt from the building ther-
mal envelope provisions of this code:
1. Are separate buildings with floor area not more than
500 square feet (50 m2).
2. Are intended to house electronic equipment with
installed equipment power totaling not less than 7
watts per square foot (75 W/m2) and not intended for
human occupancy.
3. Have a heating system capacity not greater than
(17,000 Btu/h) (5 kW) and a heating thermostat set-
point that is restricted to not more than 50°F (10°C).
4. Have an average wall and roof U-factor less than
0.120
Building thermal envelope opaque assemblies shall comply
with the requirements of Sections C402.2 and C402.4. For
opaque portions of the building thermal envelope intended
to comply on an insulation component R-value basis, the R-
values for insulation shall be not less than that specified in
Table C402.1.3. Commercial buildings or portions of com-
mercial buildings enclosing Group R occupancies shall use
the R-values from the “Group R” column of Table
C402.1.3. Commercial buildings or portions of commercial
buildings enclosing occupancies other than Group R shall
use the R-values from the “All other” column of Table
C402.1.3.
Building thermal envelope opaque assem-
blies shall meet the requirements of Sections C402.2 and
C402.4. Building thermal envelope opaque assemblies
intended to comply on an assembly U-, C- or F-factor
basis shall have a U-, C- or F-factor not greater than that
specified in Table C402.1.4. Commercial buildings or por-
tions of commercial buildings enclosing Group R occu-
pancies shall use the U-, C- or F-factor from the “Group
R” column of Table C402.1.4. Commercial buildings or
portions of commercial buildings enclosing occupancies
other than Group R shall use the U-, C- or F-factor from
the “All other” column of Table C402.1.4
U-factors of walls with cold-formed steel studs
shall be permitted to be determined in accordance with
Equation 4-1:
U = 1/[Rs + (ER)]
where:
Rs = The cumulative R-value of the wall components
along the path of heat transfer, excluding the
cavity insulation and steel studs.
ER = The effective R-value of the cavity insulation
with steel studs as specified in Table C402.1.4.1.
Build-
ing envelope values and fenestration areas determined in
accordance with Equation 4-2 shall be an alternative to
compliance with the U-, F- and C-factors in Tables
C402.1.4 and C402.4 and the maximum allowable fenes-
tration areas in Section C402.4.1. Fenestration shall meet
the applicable SHGC requirements of Section C402.4.3.
A + B + C + D + E ≤ Zero
where:
A = Sum of the (UA Dif) values for each distinct
assembly type of the building thermal envelope,
other than slabs on grade and below-grade walls.
UA Dif = UA Proposed - UA Table.
UA Proposed = Proposed U-value × Area.
UA Table = (U-factor from Table C402.1.3,
C402.1.4 or C402.4 × Area.
31/2 16
13 0.46 5.98
15 0.43 6.45
31/2 24
13 0.55 7.15
15 0.52 7.80
616
19 0.37 7.03
21 0.35 7.35
624
19 0.45 8.55
21 0.43 9.03
8
16 25 0.31 7.75
24 25 0.38 9.50
B = Sum of the (FL Dif) values for each distinct slab-
on-grade perimeter condition of the building
thermal envelope.
FL Dif = FL Proposed - FL Table.
FL Proposed = Proposed F-value × Perimeter length.
FL Table = (F-factor specified in Table C402.1.4)
× Perimeter length.
C = Sum of the (CA Dif) values for each distinct
below-grade wall assembly type of the building
thermal envelope.
CA Dif = CA Proposed - CA Table.
CA Proposed = Proposed C-value × Area.
CA Table = (Maximum allowable C-factor
specified in Table C402.1.4) × Area.
Where the proposed vertical glazing area is less than or
equal to the maximum vertical glazing area allowed by
Section C402.4.1, the value of D (Excess Vertical Glazing
Value) shall be zero. Otherwise:
D = (DA × UV) - (DA × U Wall), but not
less than zero.
DA = (Proposed Vertical Glazing Area) -
(Vertical Glazing Area allowed by
Section C402.4.1).
UA Wall = Sum of the (UA Proposed) values for
each opaque assembly of the exterior
wall.
U Wall = Area-weighted average U-value of all
above-grade wall assemblies.
UAV = Sum of the (UA Proposed) values for
each vertical glazing assembly.
UV = UAV/total vertical glazing area.
Where the proposed skylight area is less than or equal
to the skylight area allowed by Section C402.4.1, the value
of E (Excess Skylight Value) shall be zero. Otherwise:
E = (EA × US) - (EA × U Roof), but not
less than zero.
EA = (Proposed Skylight Area) -
(Allowable Skylight Area as specified
in Section C402.4.1).
U Roof = Area-weighted average U-value of all
roof assemblies.
UAS = Sum of the (UA Proposed) values for
each skylight assembly.
US = UAS/total skylight area.
Insulation in building thermal
envelope opaque assemblies shall comply with Sections
C402.2.1 through C402.2.8 and Table C402.1.3.
The minimum thermal resis-
tance (R-value) of the insulating material installed either
between the roof framing or continuously on the roof
assembly shall be as specified in Table C402.1.3, based on
construction materials used in the roof assembly. Insula-
tion installed on a suspended ceiling having removable
ceiling tiles shall not be considered as part of the mini-
mum thermal resistance of the roof insulation. Continuous
insulation board shall be installed in not less than 2 layers
and the edge joints between each layer of insulation shall
be staggered.
1. Continuously insulated roof assemblies where the
thickness of insulation varies 1 inch (25 mm) or
less and where the area-weighted U-factor is
equivalent to the same assembly with the R-value
specified in Table C402.1.3
2. Where tapered insulation is used with insulation
entirely above deck, the R-value where the insu-
lation thickness varies 1 inch (25 mm) or less
from the minimum thickness of tapered insula-
tion shall comply with the R-value specified in
Table C402.1.3.
3. Two layers of insulation are not required where
insulation tapers to the roof deck, such as at roof
drains.
Skylight curbs shall be
insulated to the level of roofs with insulation entirely
above the deck or R-5, whichever is less.
Unit skylight curbs included as a com-
ponent of a skylight listed and labeled in accordance
with NFRC 100 shall not be required to be insulated.
The minimum thermal
resistance (R-value) of materials installed in the wall cav-
ity between framing members and continuously on the
walls shall be as specified in Table C402.1.3, based on
framing type and construction materials used in the wall
assembly. The R-value of integral insulation installed in
concrete masonry units shall not be used in determining
compliance with Table C402.1.3 except as otherwise
noted in the table. In determining compliance with Table
C402.1.4, the use of the U-factor of concrete masonry
units with integral insulation shall be permitted.
“Mass walls” where used as a component in the ther-
mal envelope of a building shall comply with one of the
following:
1.Weigh not less than 35 pounds per square foot (171
kg/m2) of wall surface area.
2. Weigh not less than 25 pounds per square foot (122
kg/m2) of wall surface area where the material
weight is not more than 120 pcf (1900 kg/m3).
3. Have a heat capacity exceeding 7 Btu/ft
2 °F (144
kJ/m2 • K).
4. Have a heat capacity exceeding 5 Btu/ft
2 • °F (103
kJ/m2 • K), where the material weight is not more
than 120 pcf (1900 kg/m3).
For SI: 1 inch = 25.4 mm, 1 pound per square foot = 4.88 kg/m
2, 1 pound per
cubic foot = 16 kg/m3.
ci = Continuous insulation, NR = No Requirement, LS = Liner System.
a. Assembly descriptions can be found in ANSI/ASHRAE/IESNA Appendix
A.
b. Where using R-value compliance method, a thermal spacer block shall be
provided, otherwise use the U-factor compliance method in Table
C402.1.4.
c. R-5.7ci is allowed to be substituted with concrete block walls complying
with ASTM C90, ungrouted or partially grouted at 32 inches or less on
center vertically and 48 inches or less on center horizontally, with
ungrouted cores filled with materials having a maximum thermal
conductivity of 0.44 Btu-in/h-f2 °F.
d. Where heated slabs are below grade, below-grade walls shall comply with
the exterior insulation requirements for heated slabs.
e. “Mass floors” shall be in accordance with Section C402.2.3.
f. Steel floor joist systems shall be insulated to R-38.
g. “Mass walls” shall be in accordance with Section C402.2.2.
h. The first value is for perimeter insulation and the second value is for slab
insulation. Perimeter insulation is not required to extend below the bottom
of the slab.
i. Not applicable to garage doors. See Table C402.1.4.
Insulation entirely
above roof deck R-33ci R-33ci
Metal buildingsb R-19 +
R-11 LS
R-19 +
R-11 LS
Attic and other R-53 R-53
Massg R-13.3ci R-13.3ci
Metal building R-13 +
R-19.5ci
R-13 +
R-13ci
Metal framed R-13 +
R-11ci
R-13 +
R-11ci
Wood framed and
other
R-13 +
R-9ci
or R-19 +
R-5ci
R-13 +
R-9ci
or R-19 +
+ R-5ci
Below-grade walld R-7.5ci R-10ci
Masse R-15ci R-16.7ci
Joist/framing R-30 R-30
Unheated slabs R-15 for 24″
below
R-15 for 24″
below
Heated slabsh
R-20 for 48″
below
+ R-5
full slab
R-20 for 48″
below
+ R-5
full slab
Nonswinging R-4.75 R-4.75
a, b
For SI: 1 pound per square foot = 4.88 kg/m
2, 1 pound per cubic foot = 16 kg/
m3.
ci = Continuous insulation, NR = No Requirement, LS = Liner System.
a. Where assembly U-factors, C-factors, and F-factors are established in
ANSI/ASHRAE/IESNA 90.1 Appendix A, such opaque assemblies shall
be a compliance alternative where those values meet the criteria of this
table, and provided that the construction, excluding the cladding system on
walls, complies with the appropriate construction details from ANSI/
ASHRAE/ISNEA 90.1 Appendix A.
b. Where U-factors have been established by testing in accordance with
ASTM C1363, such opaque assemblies shall be a compliance alternative
where those values meet the criteria of this table. The R-value of
continuous insulation shall be permitted to be added to or subtracted from
the original tested design.
c. Where heated slabs are below grade, below-grade walls shall comply with
the U-factor requirements for above-grade mass walls.
d. “Mass floors” shall be in accordance with Section C402.2.3.
e. These C-, F- and U-factors are based on assemblies that are not required to
contain insulation.
f. The first value is for perimeter insulation and the second value is for full
slab insulation.
g. “Mass walls” shall be in accordance with Section C402.2.2.
Insulation entirely above
roof deck U-0.030 U-0.030
Metal buildings U-0.035 U-0.035
Attic and other U-0.020 U-0.020
Massg U-0.086 U-0.076
Metal building U-0.048 U-0.048
Metal framed U-0.052 U-0.052
Wood framed and otherc U-0.048 U-0.048
Below-grade wallc C-0.119 C-0.092
Massd U-0.057 U-0.051
Joist/framing U-0.033 U-0.033
Unheated slabs F-0.52 F-0.51
Heated slabsf F-0.79 0.64 F-0.79 0.64
Swinging door U-0.37 U-0.37
Garage door <14%
glazing U-0.31 U-0.31
The thermal properties (component R-
values or assembly U-, C- or F-factors) of floor assemblies
over outdoor air or unconditioned space shall be as speci-
fied in Table C402.1.3 or C402.1.4 based on the construc-
tion materials used in the floor assembly. Floor framing
cavity insulation or structural slab insulation shall be
installed to maintain permanent contact with the underside
of the subfloor decking or structural slabs.
“Mass floors” where used as a component of the ther-
mal envelope of a building shall provide one of the follow-
ing weights:
1. 35 pounds per square foot (171 kg/m
2) of floor sur-
face area.
2. 25 pounds per square foot (122 kg/m
2) of floor sur-
face area where the material weight is not more than
120 pounds per cubic foot (1923 kg/m3).
1. The floor framing cavity insulation or structural
slab insulation shall be permitted to be in contact
with the top side of sheathing or continuous insu-
lation installed on the bottom side of floor assem-
blies where combined with insulation that meets
or exceeds the minimum R-value in Table
C402.1.3 for “Metal framed” or “Wood framed
and other” values for “Walls, Above Grade” and
extends from the bottom to the top of all perime-
ter floor framing or floor assembly members.
2. Insulation applied to the underside of concrete
floor slabs shall be permitted an airspace of not
more than 1 inch (25 mm) where it turns up and is
in contact with the underside of the floor under
walls associated with the building thermal enve-
lope.
Where
the slab on grade is in contact with the ground, the mini-
mum thermal resistance (R-value) of the insulation around
the perimeter of unheated or heated slab-on-grade floors
designed in accordance with the R-value method of Sec-
tion C402.1.3 shall be as specified in Table C402.1.3. The
perimeter insulation shall be placed on the outside of the
foundation or on the inside of the foundation wall. The
perimeter insulation shall extend downward from the top
of the slab for the minimum distance shown in the table or
to the top of the footing, whichever is less, or downward to
not less than the bottom of the slab and then horizontally
to the interior or exterior for the total distance shown in
the table. Insulation extending away from the building
shall be protected by pavement or by not less than of 10
inches (254 mm) of soil.
Where the slab-on-grade floor is greater than
24 inches (61 mm) below the finished exterior grade,
perimeter insulation is not required.
The C-factor for the below-
grade exterior walls shall be in accordance with Table
C402.1.4. The R-value of the insulating material installed
continuously within or on the below-grade exterior walls
of the building envelope shall be in accordance with Table
C402.1.3. The C-factor or R-value required shall extend to
a depth of not less than 10 feet (3048 mm) below the out-
side finished ground level, or to the level of the lowest
floor of the conditioned space enclosed by the below-
grade wall, whichever is less.
Radi-
ant heating system panels, and their associated compo-
nents that are installed in interior or exterior assemblies
shall be insulated to an R-value of not less than R-3.5 on
all surfaces not facing the space being heated. Radiant
heating system panels that are installed in the building
thermal envelope shall be separated from the exterior of
the building or unconditioned or exempt spaces by not
less than the R-value of insulation installed in the opaque
assembly in which they are installed or the assembly
shall comply with Section C402.1.4.
Heated slabs on grade insulated in accor-
dance with Section C402.2.4.
Where the thermal properties of air-
spaces are used to comply with this code in accordance
with Section C401.2, such airspaces shall be enclosed in
an unventilated cavity constructed to minimize airflow
into and out of the enclosed airspace. Airflow shall be
deemed minimized where the enclosed airspace is located
on the interior side of the continuous air barrier and is
bounded on all sides by building components.
The thermal resistance of airspaces located
on the exterior side of the continuous air barrier and adja-
cent to and behind the exterior wall-covering material
shall be determined in accordance with ASTM C1363
modified with an airflow entering the bottom and exit-
ing the top of the airspace at an air movement rate of
not less than 70 mm/second.
Where concrete floor
slabs penetrate the building thermal envelope, the rated U-
factors of the components of the thermal envelope located
between the floor slab and the finish ceiling shall be
increased by 10 percent for the purposes of complying
with Section C402.1.
Deleted.
Deleted.
Fenestration shall com-
ply with Sections C402.4.1 through C402.4.5 and Table
C402.4. Daylight responsive controls shall comply with this
section and Section C405.2.3.1.
The vertical fenestration area, not
including opaque doors and opaque spandrel panels, shall be
not greater than 30 percent of the gross above-grade wall
area. The skylight area shall be not greater than 3 percent of
the gross roof area.
Not more than 40 per-
cent of the gross above-grade wall area shall be vertical
fenestration, provided that all of the following require-
ments are met:
1. In buildings not greater than two stories above
grade, not less than 50 percent of the net floor area
is within a daylight zone.
2. In buildings three or more stories above grade, not
less than 25 percent of the net floor area is within
a daylight zone.
3.Daylight responsive controls complying with
Section C405.2.3.1 are installed in daylight zones.
4. Visible transmittance (VT) of vertical fenestra-
tion is not less than 1.1 times solar heat gain coef-
ficient (SHGC).
Fenestration that is outside the
scope of NFRC 200 is not required to comply
with Item 4.
The skylight area shall be not more
than 6 percent of the roof area provided that daylight
responsive controls complying with Section C405.2.3.1
are installed in toplit zones.
In an
enclosed space greater than 2,500 square feet (232 m2) in
floor area, directly under a roof with not less than 75 per-
cent of the ceiling area with a ceiling height greater than
15 feet (4572 mm), and used as an office, lobby, atrium,
concourse, corridor, storage space, gymnasium/exercise
center, convention center, automotive service area, space
where manufacturing occurs, nonrefrigerated warehouse,
retail store, distribution/sorting area, transportation depot
or workshop, the total toplit daylight zone shall be not less
than half the floor area and shall provide one of the fol-
lowing:
1. A minimum skylight area to toplit daylight zone of
not less than 3 percent where all skylights have a VT
of not less than 0.40 as determined in accordance
with Section C303.1.3.
2. A minimum skylight effective aperture of not less
than 1 percent, determined in accordance with Equa-
tion 4-3.
where:
Skylight area = Total fenestration area of
skylights.
Skylight VT = Area weighted average visible
transmittance of skylights.
WF = Area weighted average well
factor, where well factor is 0.9
if light well depth is less than 2
feet (610 mm), or 0.7 if light
well depth is 2 feet (610 mm) or
greater.
Light well depth = Measure vertically from the
underside of the lowest point of
the skylight glazing to the
ceiling plane under the skylight.
Skylights above daylight zones of enclosed
spaces are not required in:
1. Spaces where the designed general lighting power
densities are less than 0.5 W/ft2 (5.4 W/m2).
2. Areas where it is documented that existing struc-
tures or natural objects block direct beam sun-
light on not less than half of the roof over the
enclosed area for more than 1,500 daytime hours
per year between 8 a.m. and 4 p.m.
3. Spaces where the daylight zone under rooftop
monitors is greater than 50 percent of the
enclosed space floor area.
4. Spaces where the total area minus the area of
sidelight daylight zones is less than 2,500 square
feet (232 m2), and where the lighting is controlled
in accordance with Section C405.2.3.
Daylight responsive controls complying with Section
C405.2.3.1 shall be provided to control all electric
lights within toplit zones.
Skylights in office, storage,
automotive service, manufacturing, nonrefrigerated
warehouse, retail store and distribution/sorting area
spaces shall have a glazing material or diffuser with a
haze factor greater than 90 percent when tested in
accordance with ASTM D1003.
Skylights designed and installed to
exclude direct sunlight entering the occupied space
by the use of fixed or automated baffles or the
geometry of skylight and light well.
Skylight Effective Aperture =
0.85 Skylight Area Skylight VT WF×××
Toplit Zone---------------------------------------------------------------------------------------------------------
NR = No Requirement, PF = Projection Factor.
a. “N” indicates vertical fenestration oriented within 45 degrees of true
north. “SEW” indicates orientations other than “N.” For buildings in the
southern hemisphere, reverse south and north. Buildings located at less
than 23.5 degrees latitude shall use SEW for all orientations.
Fixed fenestration 0.36
Operable fenestration 0.45
0.63
0.30
Orientationa SEW N
PF < 0.2 0.38 0.51
0.2 ≤ PF < 0.5 0.46 0.56
PF ≥ 0.5 0.61 0.61
U-factor 0.50
SHGC 0.40
The maxi-
mum U-factor and solar heat gain coefficient (SHGC) for
fenestration shall be as specified in Table C402.4.
The window projection factor shall be determined in
accordance with Equation 4-4.
PF = A/B
where:
PF = Projection factor (decimal).
A = Distance measured horizontally from the farthest
continuous extremity of any overhang, eave or
permanently attached shading device to the vertical
surface of the glazing.
B = Distance measured vertically from the bottom of the
glazing to the underside of the overhang, eave or
permanently attached shading device.
Where different windows or glass doors have different
PF values, they shall each be evaluated separately.
Skylights shall
be permitted a maximum SHGC of 0.60 where located
above daylight zones provided with daylight responsive
controls.
Where sky-
lights are installed above daylight zones provided with
daylight responsive controls, a maximum U-factor of
0.75 shall be permitted.
Where dynamic glazing
is intended to satisfy the SHGC and VT requirements
of Table C402.4, the ratio of the higher to lower labeled
SHGC shall be greater than or equal to 2.4, and the
dynamic glazing shall be automatically controlled to
modulate the amount of solar gain into the space in
multiple steps. Dynamic glazing shall be considered
separately from other fenestration, and area-weighted
averaging with other fenestration that is not dynamic
glazing shall not be permitted.
Dynamic glazing is not required to com-
ply with this section where both the lower and
higher labeled SHGC already comply with the
requirements of Table C402.4.
An area-
weighted average shall be permitted to satisfy the U-
factor requirements for each fenestration product cate-
gory listed in Table C402.4. Individual fenestration
products from different fenestration product categories
listed in Table C402.4 shall not be combined in calcu-
lating area-weighted average U-factor.
Daylight zones referenced in
Sections C402.4.1.1 through C402.4.3.2 shall comply with
Sections C405.2.3.2 and C405.2.3.3, as applicable. Day-
light zones shall include toplit zones and sidelit zones.
Opaque swinging doors shall comply
with Table C402.1.4. Opaque nonswinging doors shall
comply with Table C402.1.3. Opaque doors shall be con-
sidered as part of the gross area of above-grade walls that
are part of the building thermal envelope. Other doors
shall comply with the provisions of Section C402.4.3 for
vertical fenestration.
The
building thermal envelope shall comply with Sections
C402.5.1 through C402.5.8.
A continuous air barrier shall be
provided throughout the building thermal envelope. The
air barrier shall be located on the inside or outside of the
building thermal envelope, located within the assemblies
composing the building thermal envelope, or any combi-
nation thereof. The air barrier shall comply with Sections
C402.5.1.1, C402.5.1.2 and C402.5.1.3.
The continuous
air barrier shall be constructed to comply with the fol-
lowing:
1. The air barrier shall be continuous for all assem-
blies that are the thermal envelope of the building
and across the joints and assemblies.
2. Air barrier joints and seams shall be sealed, includ-
ing sealing transitions in places and changes in
materials. The joints and seals shall be securely
installed in or on the joint for its entire length so as
not to dislodge, loosen or otherwise impair its abil-
ity to resist positive and negative pressure from
wind, stack effect and mechanical ventilation.
3. Penetrations of the air barrier shall be caulked, gas-
keted or otherwise sealed in a manner compatible
with the construction materials and location. Seal-
ing shall allow for expansion, contraction and
mechanical vibration. Joints and seams associated
with penetrations shall be sealed in the same man-
ner or taped. Sealing materials shall be securely
installed around the penetration so as not to dis-
lodge, loosen or otherwise impair the penetrations’
ability to resist positive and negative pressure from
wind, stack effect and mechanical ventilation. Seal-
ing of concealed fire sprinklers, where required,
shall be in a manner that is recommended by the
manufacturer. Caulking or other adhesive sealants
shall not be used to fill voids between fire sprinkler
cover plates and walls or ceilings.
4. Recessed lighting fixtures shall comply with Sec-
tion C402.5.8. Where similar objects are installed
that penetrate the air barrier, provisions shall be
made to maintain the integrity of the air barrier.
The
building thermal envelope shall be tested in accordance
with ASTM E779 or an equivalent method approved by
the code official. The measured air leakage shall not
exceed 0.40 cfm/ft2 (2.0 L/s • m2) of the building ther-
mal envelope area at a pressure differential of 0.3 inch
water gauge (75 Pa). Alternatively, portions of the
building shall be tested and the measured air leakages
shall be area weighted by the surface areas of the build-
ing thermal envelope in each portion. The weighted-
average test results shall not exceed the whole building
leakage limit. In the alternative approach, the following
portions of the building shall be tested:
1. The entire envelope area of all stories that have
any spaces directly under a roof.
2. The entire envelope area of all stories that have a
building entrance, exposed floor or loading dock,
or are below grade.
3. Representative above-grade sections of the build-
ing totaling at least 25 percent of the wall area
enclosing the remaining conditioned space.
4. For R-2 occupancies, dwelling units when tested
in accordance with Section C402.5.1.3.
Testing and inspection shall be conducted by a third-
party registered design professional. A written report
of the test results shall be signed by the party conduct-
ing the test and provided to the code official. Testing
shall be performed at any time after completion of all
penetrations of the building thermal envelope.
A sampling
of dwelling units shall be tested and the air leakage rate
of each tested dwelling unit’s enclosure surface area
shall not exceed 0.25 cfm/ft2 of surface area. For pur-
poses of this section, enclosure surface area of a unit
means the total surface area of all walls, floors and ceil-
ings. Testing shall be conducted with a blower door at a
pressure of 0.2 inch water gauge (50 Pa).
The sampling of dwelling units tested shall include
at least 20 percent of the dwelling units in each build-
ing, including at least one of each unit type (a unit type
is distinct if it has a different floor plan or a different
exterior exposure) and approximately an equal number
of units on each floor level. Each of these units must be
tested and pass without a failure. If a failure occurs,
items causing the failure must be diagnosed and cor-
rected, and the unit retested until it passes. A minimum
of at least two additional units of this type in the same
building must also be tested and pass.
During testing:
1. Exterior windows and doors, fireplace doors
and stove doors shall be closed but not sealed
beyond the intended weather stripping or other
infiltration control measures.
2. Dampers, including exhaust, intake, makeup
air, backdraft and flue dampers, shall be
closed but not sealed beyond intended infiltra-
tion control measures.
3. Interior doors, if installed at the time of the
test, shall be open.
4. Exterior doors for continuous ventilation sys-
tems and heat recovery ventilators shall be
closed and sealed.
5. Heating and cooling systems, if installed at the
time of the test, shall be turned off.
6. Supply and return registers, if installed at the
time of the test, shall be fully open.
The air leakage of
fenestration assemblies shall meet the provisions of Table
C402.5.2. Testing shall be in accordance with the applica-
ble reference test standard in Table C402.5.2 by an accred-
ited, independent testing laboratory and labeled by the
manufacturer.
1. Field-fabricated fenestration assemblies that are
sealed in accordance with Section C402.5.1.
2. Fenestration in buildings that comply with the
testing alternative of Section C402.5 are not
required to meet the air leakage requirements in
Table C402.5.2.
Where combustion air is supplied through openings in an
exterior wall to a room or space containing a space-condi-
tioning fuel-burning appliance, one of the following shall
apply:
1. The room or space containing the appliance shall be
located outside of the building thermal envelope.
2. The room or space containing the appliance shall be
enclosed and isolated from conditioned spaces in-
side the building thermal envelope. Such rooms
shall comply with all of the following:
2.1. The walls, floors and ceilings that separate
the enclosed room or space from conditioned
spaces shall be insulated to be not less than
equivalent to the insulation requirement of
For SI: 1 cubic foot per minute = 0.47 L/s, 1 square foot = 0.093 m
2.
a. The maximum rate for windows, sliding and swinging doors, and skylights is
permitted to be 0.3 cfm per square foot of fenestration or door area when tested
in accordance with AAMA/WDMA/CSA101/I.S.2/A440 at 6.24 psf (300 Pa).
Windows 0.20 a
AAMA/WDMA/
CSA101/I.S.2/A440
or
NFRC 400
Sliding doors 0.20
a
Swinging doors 0.20 a
Skylights – with
condensation weepage
openings
0.30
Skylights – all other 0.20
a
Curtain walls 0.06
NFRC 400
or
ASTM E283 at 1.57 psf
(75 Pa)
Storefront glazing 0.06
Commercial glazed
swinging entrance
doors
1.00
Power-operated sliding
doors and power-
operated folding doors
1.00
Revolving doors 1.00
Garage doors 0.40 ANSI/DASMA 105,
NFRC 400, or
ASTM E283 at 1.57 psf
(75 Pa)
Rolling doors 1.00
High-speed doors 1.30
below-grade walls as specified in Table
C402.1.3 or C402.1.4.
2.2. The walls, floors and ceilings that separate
the enclosed room or space from conditioned
spaces shall be sealed in accordance with
Section C402.5.1.1.
2.3. The doors into the enclosed room or space
shall be shall be fully gasketed.
2.4. Water lines and ducts in the enclosed room
or space shall be insulated in accordance
with Section C403.
2.5. Where an air duct supplying combustion air
to the enclosed room or space passes through
conditioned space, the duct shall be insu-
lated to an R-value of not less than R-8.
Fireplaces and stoves complying with Sec-
tions 901 through 905 of the International Mechanical
Code, and Section 2111.14 of the International Build-
ing Code.
Doors and access open-
ings from conditioned space to shafts, chutes stairways
and elevator lobbies not within the scope of the fenestra-
tion assemblies covered by Section C402.5.2 shall be gas-
keted, weatherstripped or sealed.
1. Door openings required to comply with Section
716 of the International Building Code.
2. Doors and door openings required to comply with
UL 1784 by the International Building Code.
Stairway enclosures, elevator shaft vents and other
outdoor air intakes and exhaust openings integral to the
building envelope shall be provided with dampers in
accordance with Section C403.7.7.
Cargo door open-
ings and loading door openings shall be equipped with
weatherseals that restrict infiltration and provide direct
contact along the top and sides of vehicles that are parked
in the doorway.
Building entrances shall be protected
with an enclosed vestibule, with all doors opening into and out
of the vestibule equipped with self-closing devices. Vesti-
bules shall be designed so that in passing through the vesti-
bule it is not necessary for the interior and exterior doors to
open at the same time. The installation of one or more
revolving doors in the building entrance shall not eliminate
the requirement that a vestibule be provided on any doors
adjacent to revolving doors.
Vestibules are not required for the follow-
ing:
1. Doors not intended to be used by the public,
such as doors to mechanical or electrical equip-
ment rooms, or intended solely for employee use.
2. Doors opening directly from a sleeping unit or
dwelling unit.
3. Doors that open directly from a space less than
3,000 square feet (298 m2) in area.
4. Revolving doors.
5. Doors used primarily to facilitate vehicular
movement or material handling and adjacent per-
sonnel doors.
6. Doors that have an air curtain with a velocity of
not less than 6.56 feet per second (2 m/s) at the
floor that have been tested in accordance with
ANSI/AMCA 220 and installed in accordance
with the manufacturer’s instructions. Manual or
automatic controls shall be provided that will
operate the air curtain with the opening and clos-
ing of the door. Air curtains and their controls
shall comply with Section C408.2.3.
Recessed luminaires
installed in the building thermal envelope shall be all of
the following:
1. IC-rated.
2. Labeled as having an air leakage rate of not more 2.0
cfm (0.944 L/s) when tested in accordance with
ASTM E283 at a 1.57 psf (75 Pa) pressure differential.
3. Sealed with a gasket or caulk between the housing
and interior wall or ceiling covering.
Mechanical systems and equipment serving
the building heating, cooling, ventilating or refrigerating needs
shall comply with this section.
Design loads associated with heating, ventilating and air
conditioning of the building shall be determined in accor-
dance with ANSI/ASHRAE/ACCA Standard 183 or by an
approved equivalent computational procedure using the
design parameters specified in Chapter 3. Heating and
cooling loads shall be adjusted to account for load reduc-
tions that are achieved where energy recovery systems are
utilized in the HVAC system in accordance with the
ASHRAE HVAC Systems and Equipment Handbook by an
approved equivalent computational procedure.
Mechanical systems shall
be designed to comply with Sections C403.2.1 and C403.2.2.
Where elements of a building’s mechanical systems are
addressed in Sections C403.3 through C403.12, such elements
shall comply with the applicable provisions of those sections.
HVAC
systems serving zones that are over 25,000 square feet
(2323 m2) in floor area or that span more than one floor and
are designed to operate or be occupied nonsimultaneously
shall be divided into isolation areas. Each isolation area
shall be equipped with isolation devices and controls con-
figured to automatically shut off the supply of conditioned
air and outdoor air to and exhaust air from the isolation
area. Each isolation area shall be controlled independently
by a device meeting the requirements of Section
C403.4.2.2. Central systems and plants shall be provided
with controls and devices that will allow system and equip-
ment operation for any length of time while serving only
the smallest isolation area served by the system or plant.
1. Exhaust air and outdoor air connections to isola-
tion areas where the fan system to which they
connect is not greater than 5,000 cfm (2360 L/s).
2. Exhaust airflow from a single isolation area of
less than 10 percent of the design airflow of the
exhaust system to which it connects.
3. Isolation areas intended to operate continuously
or intended to be inoperative only when all other
isolation areas in a zone are inoperative.
Ventilation, either
natural or mechanical, shall be provided in accordance
with Chapter 4 of the International Mechanical Code.
Where mechanical ventilation is provided, the system
shall provide the capability to reduce the outdoor air sup-
ply to the minimum required by Chapter 4 of the Interna-
tional Mechanical Code.
Heating and cooling equipment installed in mechan-
ical systems shall be sized in accordance with Section
C403.3.1 and shall be not less efficient in the use of energy
than as specified in Section C403.3.2.
The output
capacity of heating and cooling equipment shall be not
greater than that of the smallest available equipment size
that exceeds the loads calculated in accordance with Sec-
tion C403.1.1. A single piece of equipment providing both
heating and cooling shall satisfy this provision for one
function with the capacity for the other function as small
as possible, within available equipment options.
1. Required standby equipment and systems pro-
vided with controls and devices that allow such
systems or equipment to operate automatically
only when the primary equipment is not operating.
2. Multiple units of the same equipment type with
combined capacities exceeding the design load
and provided with controls that are configured to
sequence the operation of each unit based on load.
Equipment shall meet the minimum effi-
ciency requirements of Tables C403.3.2(1) through
C403.3.2(9) when tested and rated in accordance with the
applicable test procedure. Plate-type liquid-to-liquid heat
exchangers shall meet the minimum requirements of Table
C403.3.2(10). The efficiency shall be verified through cer-
tification under an approved certification program or,
where a certification program does not exist, the equip-
ment efficiency ratings shall be supported by data fur-
nished by the manufacturer. Where multiple rating
conditions or performance requirements are provided, the
equipment shall satisfy all stated requirements. Where
components, such as indoor or outdoor coils, from differ-
ent manufacturers are used, calculations and supporting
data shall be furnished by the designer that demonstrates
that the combined efficiency of the specified components
meets the requirements herein.
Equipment not designed for opera-
tion at AHRI Standard 550/590 test conditions of 44°F
(7°C) leaving chilled-water temperature and 2.4 gpm/
ton evaporator fluid flow and 85°F (29°C) entering
condenser water temperature with 3 gpm/ton (0.054 I/s
• kW) condenser water flow shall have maximum full-
load kW/ton (FL) and part-load ratings requirements
adjusted using Equations 4-5 and 4-6.
FLadj = FL/Kadj
PLVadj = IPLV/Kadj
where:
Kadj =A × B
FL = Full-load kW/ton value as
specified in Table C403.3.2(7).
FLadj = Maximum full-load kW/ton
rating, adjusted for nonstandard
conditions.
IPLV = Value as specified in Table
C403.3.2(7).
PLVadj =Maximum NPLV rating, adjusted
for nonstandard conditions.
A = 0.00000014592 × (LIFT)4 –
0.0000346496 × (LIFT)3 +
0.00314196 × (LIFT)2 –
0.147199 × (LIFT) + 3.9302
B = 0.0015 × LvgEvap + 0.934
LIFT =LvgCond – LvgEvap
LvgCond = Full-load condenser leaving fluid
temperature (°F).
LvgEvap = Full-load evaporator leaving
temperature (°F).
The FLadj and PLVadj values are only applicable for
centrifugal chillers meeting all of the following full-
load design ranges:
1. Minimum evaporator leaving temperature: 36°F.
2. Maximum condenser leaving temperature:
115°F.
3. 20°F ≤ LIFT ≤ 80°F.
Equipment
with a leaving fluid temperature higher than 32°F (0°C)
and water-cooled positive displacement chilling pack-
ages with a condenser leaving fluid temperature below
115°F (46°C) shall meet the requirements of Table
C403.3.2(7) when tested or certified with water at stan-
dard rating conditions, in accordance with the referenced
test procedure.
(continued)
Air conditioners, air cooled < 65,000 Btu/h
b All
Split System 13.0 SEER
AHRI
210/240
Single Package 14.0 SEER
Through-the-wall (air cooled)≤ 30,000 Btu/hb All
Split system 12.0 SEER
Single Package 12.0 SEER
Small-duct high-velocity
(air cooled)< 65,000 Btu/hb All Split System 11.0 SEER
Air conditioners, air cooled
≥ 65,000 Btu/h and
< 135,000 Btu/h
Electric Resistance
(or None)
Split System and
Single Package
11.2 EER
12.8 IEER
AHRI
340/360
All other Split System and
Single Package
11.0 EER
12.6 IEER
≥ 135,000 Btu/h and
< 240,000 Btu/h
Electric Resistance
(or None)
Split System and
Single Package
11.0 EER
12.4 IEER
All other Split System and
Single Package
10.8 EER
12.2 IEER
≥ 240,000 Btu/h and
< 760,000 Btu/h
Electric Resistance
(or None)
Split System and
Single Package
10.0 EER
11.6 IEER
All other Split System and
Single Package
9.8 EER
11.4 IEER
≥ 760,000 Btu/h
Electric Resistance
(or None)
Split System and
Single Package
9.7 EER
11.2 IEER
All other Split System and
Single Package
9.5 EER
11.0 IEER
Air conditioners, water cooled
< 65,000 Btu/hb All Split System and
Single Package
12.1 EER
12.3 IEER
AHRI
210/240
≥ 65,000 Btu/h and
< 135,000 Btu/h
Electric Resistance
(or None)
Split System and
Single Package
12.1 EER
13.9 IEER
AHRI
340/360
All other Split System and
Single Package
11.9 EER
13.7 IEER
≥ 135,000 Btu/h and
< 240,000 Btu/h
Electric Resistance
(or None)
Split System and
Single Package
12.5 EER
13.9 IEER
All other Split System and
Single Package
12.3 EER
13.7 IEER
≥ 240,000 Btu/h and
< 760,000 Btu/h
Electric Resistance
(or None)
Split System and
Single Package
12.4 EER
13.6 IEER
All other Split System and
Single Package
12.2 EER
13.4 IEER
≥ 760,000 Btu/h
Electric Resistance
(or None)
Split System and
Single Package
12.2 EER
13.5 IEER
All other Split System and
Single Package
12.0 EER
13.3 IEER
For SI: 1 British thermal unit per hour = 0.2931 W.
a. Chapter 6 contains a complete specification of the referenced test procedure, including the reference year version of the test procedure.
b. Single-phase, air-cooled air conditioners less than 65,000 Btu/h are regulated by NAECA. SEER values are those set by NAECA.
Air conditioners,
evaporatively cooled
< 65,000 Btu/hb All Split System and
Single Package
12.1 EER
12.3 IEER
AHRI
210/240
≥ 65,000 Btu/h and
< 135,000 Btu/h
Electric Resistance
(or None)
Split System and
Single Package
12.1 EER
12.3 IEER
AHRI
340/360
All other Split System and
Single Package
11.9 EER
12.1 IEER
≥ 135,000 Btu/h and
< 240,000 Btu/h
Electric Resistance
(or None)
Split System and
Single Package
12.0 EER
12.2 IEER
All other Split System and
Single Package
11.8 EER
12.0 IEER
≥ 240,000 Btu/h and
< 760,000 Btu/h
Electric Resistance
(or None)
Split System and
Single Package
11.9 EER
12.1 IEER
All other Split System and
Single Package
11.7 EER
11.9 IEER
≥ 760,000 Btu/h
Electric Resistance
(or None)
Split System and
Single Package
11.7 EER
11.9 IEER
All other Split System and
Single Package
11.5 EER
11.7 IEER
Condensing units, air cooled ≥ 135,000 Btu/h — —
10.5 EER
11.8 IEER
AHRI
365
Condensing units, water
cooled ≥ 135,000 Btu/h — —
13.5 EER
14.0 IEER
Condensing units,
evaporatively cooled ≥ 135,000 Btu/h — —
13.5 EER
14.0 IEER
(continued)
Air cooled (cooling mode)< 65,000 Btu/hb All
Split System 14.0 SEER
AHRI
210/240
Single Package 14.0 SEER
Through-the-wall, air cooled ≤ 30,000 Btu/hb All
Split System 12.0 SEER
Single Package 12.0 SEER
Single-duct high-velocity air cooled < 65,000 Btu/h
b All Split System 11.0 SEER
Air cooled (cooling mode)
≥ 65,000 Btu/h and
< 135,000 Btu/h
Electric Resistance
(or None)
Split System and
Single Package
11.0 EER
12.0 IEER
AHRI
340/360
All other Split System and
Single Package
10.8 EER
11.8 IEER
≥ 135,000 Btu/h and
< 240,000 Btu/h
Electric Resistance
(or None)
Split System and
Single Package
10.6 EER
11.6 IEER
All other Split System and
Single Package
10.4 EER
11.4 IEER
≥ 240,000 Btu/h
Electric Resistance
(or None)
Split System and
Single Package
9.5 EER
10.6 IEER
All other Split System and
Single Package
9.3 EER
9.4 IEER
Water to Air: Water Loop
(cooling mode)
< 17,000 Btu/h All 86
oF entering water 12.2 EER
ISO 13256-1≥ 17,000 Btu/h and
< 65,000 Btu/h All 86
oF entering water 13.0 EER
≥ 65,000 Btu/h and
< 135,000 Btu/h All 86
oF entering water 13.0 EER
Water to Air: Ground Water
(cooling mode)< 135,000 Btu/h All 59
oF entering water 18.0 EER ISO 13256-1
Brine to Air: Ground Loop
(cooling mode)< 135,000 Btu/h All 77
oF entering water 14.1 EER ISO 13256-1
Water to Water: Water Loop
(cooling mode)< 135,000 Btu/h All 86
oF entering water 10.6 EER
ISO 13256-2Water to Water: Ground Water
(cooling mode)< 135,000 Btu/h All 59oF entering water 16.3 EER
Brine to Water: Ground Loop
(cooling mode)< 135,000 Btu/h All 77
oF entering fluid 12.1 EER
For SI: 1 British thermal unit per hour = 0.2931 W, °C = [(°F) - 32]/1.8.
a. Chapter 6 contains a complete specification of the referenced test procedure, including the reference year version of the test procedure.
b. Single-phase, air-cooled heat pumps less than 65,000 Btu/h are regulated by NAECA. SEER and HSPF values are those set by NAECA.
Air cooled (heating mode)< 65,000 Btu/hb
—Split System 8.2 HSPF
AHRI
210/240
—Single Package 8.0 HSPF
Through-the-wall, (air cooled,
heating mode)
≤ 30,000 Btu/hb
(cooling capacity)
—Split System 7.4 HSPF
—Single Package 7.4 HSPF
Small-duct high velocity
(air cooled, heating mode)< 65,000 Btu/hb —Split System 6.8 HSPF
Air cooled (heating mode)
≥ 65,000 Btu/h and
< 135,000 Btu/h
(cooling capacity)
—
47ºF db/43ºF wb
outdoor air 3.3 COP
AHRI
340/360
17ºF db/15ºF wb
outdoor air 2.25 COP
≥ 135,000 Btu/h
(cooling capacity)—
47ºF db/43ºF wb
outdoor air 3.2 COP
17ºF db/15ºF wb
outdoor air 2.05 COP
Water to Air: Water Loop
(heating mode)
< 135,000 Btu/h
(cooling capacity)—68°F entering water 4.3 COP
ISO 13256-1Water to Air: Ground Water
(heating mode)
< 135,000 Btu/h
(cooling capacity)—50°F entering water 3.7 COP
Brine to Air: Ground Loop
(heating mode)
< 135,000 Btu/h
(cooling capacity)—32°F entering fluid 3.2 COP
Water to Water: Water Loop
(heating mode)
< 135,000 Btu/h
(cooling capacity)—68°F entering water 3.7 COP
ISO 13256-2Water to Water: Ground Water
(heating mode)
< 135,000 Btu/h
(cooling capacity)—50°F entering water 3.1 COP
Brine to Water: Ground Loop
(heating mode)
< 135,000 Btu/h
(cooling capacity)—32°F entering fluid 2.5 COP
(continued)
PTAC (cooling mode)
new construction All Capacities 95°F db outdoor air 14.0 – (0.300 × Cap/1000) EER
AHRI
310/380
PTAC (cooling mode)
replacementsb All Capacities 95°F db outdoor air 10.9 - (0.213 × Cap/1000) EER
PTHP (cooling mode)
new construction All Capacities 95°F db outdoor air 14.0 - (0.300 × Cap/1000) EER
PTHP (cooling mode)
replacementsb All Capacities 95°F db outdoor air 10.8 - (0.213 × Cap/1000) EER
PTHP (heating mode)
new construction All Capacities —3.2 - (0.026 × Cap/1000) COP
PTHP (heating mode)
replacementsb All Capacities —2.9 - (0.026 × Cap/1000) COP
SPVAC (cooling mode)
< 65,000 Btu/h 95°F db/ 75°F wb outdoor air 9.0 EER
AHRI 390
≥ 65,000 Btu/h and
< 135,000 Btu/h 95°F db/ 75°F wb outdoor air 8.9 EER
≥ 135,000 Btu/h and
< 240,000 Btu/h 95°F db/ 75°F wb outdoor air 8.6 EER
SPVHP (cooling mode)
< 65,000 Btu/h 95°F db/ 75°F wb outdoor air 9.0 EER
≥ 65,000 Btu/h and
< 135,000 Btu/h 95°F db/ 75°F wb outdoor air 8.9 EER
≥ 135,000 Btu/h and
< 240,000 Btu/h 95°F db/ 75°F wb outdoor air 8.6 EER
SPVHP (heating mode)
< 65,000 Btu/h 47°F db/ 43°F wb outdoor air 3.0 COP
AHRI 390
≥ 65,000 Btu/h and
< 135,000 Btu/h 47°F db/ 43°F wb outdoor air 3.0 COP
≥ 135,000 Btu/h and
< 240,000 Btu/h 47°F db/ 75°F wb outdoor air 2.9 COP
Room air conditioners,
with louvered sides
< 6,000 Btu/h —11.0 CEER
ANSI/
AHAM RAC-1
≥ 6,000 Btu/h and
< 8,000 Btu/h —11.0 CEER
≥ 8,000 Btu/h and
< 14,000 Btu/h —10.9 CEER
≥ 14,000 Btu/h and
< 20,000 Btu/h —10.7 CEER
≥ 20,000 Btu/h and≤ 25,000 Btu/h — 9.4 CEER
> 25,000 Btu/h —9.0 CEER
Room air conditioners,
without louvered sides
< 6,000 Btu/h —10.0 CEER
≥ 6,000 Btu/h and
< 8,000 Btu/h —10.0 CEER
≥ 8,000 Btu/h and
< 11,000 Btu/h —9.6 CEER
≥ 11,000 Btu/h and
< 14,000 Btu/h —9.5 CEER
≥ 14,000 Btu/h and
< 20,000 Btu/h —9.3 CEER
≥ 20,000 Btu/h —9.4 CEER
Room air-conditioner
heat pumps with
louvered sides
< 20,000 Btu/h —9.8 CEER
≥ 20,000 Btu/h —9.3 CEER
Room air-conditioner
heat pumps without
louvered sides
< 14,000 Btu/h —9.3 CEER
≥ 14,000 Btu/h —8.7 CEER
For SI: 1 British thermal unit per hour = 0.2931 W, °C = [(°F) - 32]/1.8, wb = wet bulb, db = dry bulb.
“Cap” = The rated cooling capacity of the project in Btu/h. Where the unit’s capacity is less than 7000 Btu/h, use 7000 Btu/h in the calculation. Where the unit’s
capacity is greater than 15,000 Btu/h, use 15,000 Btu/h in the calculations.
a. Chapter 6 contains a complete specification of the referenced test procedure, including the referenced year version of the test procedure.
b. Replacement unit shall be factory labeled as follows: “MANUFACTURED FOR REPLACEMENT APPLICATIONS ONLY: NOT TO BE INSTALLED IN
NEW CONSTRUCTION PROJECTS.” Replacement efficiencies apply only to units with existing sleeves less than 16 inches (406 mm) in height and less
than 42 inches (1067 mm) in width.
Room air conditioner casement only All capacities —9.5 CEER ANSI/
AHAM RAC-1Room air conditioner casement-slider All capacities —10.4 CEER
For SI: 1 British thermal unit per hour = 0.2931 W.
a. Chapter 6 contains a complete specification of the referenced test procedure, including the referenced year version of the test procedure.
b. Minimum and maximum ratings as provided for and allowed by the unit’s controls.
c. Combination units not covered by the National Appliance Energy Conservation Act of 1987 (NAECA) (3-phase power or cooling capacity greater than or
equal to 65,000 Btu/h [19 kW]) shall comply with either rating.
d.Et = Thermal efficiency. See test procedure for detailed discussion.
e.Ec = Combustion efficiency (100% less flue losses). See test procedure for detailed discussion.
f.Ec = Combustion efficiency. Units shall also include an IID, have jackets not exceeding 0.75 percent of the input rating, and have either power venting or a
flue damper. A vent damper is an acceptable alternative to a flue damper for those furnaces where combustion air is drawn from the conditioned space.
g.Et = Thermal efficiency. Units shall also include an IID, have jacket losses not exceeding 0.75 percent of the input rating, and have either power venting or a
flue damper. A vent damper is an acceptable alternative to a flue damper for those furnaces where combustion air is drawn from the conditioned space.
Warm-air furnaces,
gas fired
< 225,000 Btu/h —80% AFUE or
80%Et
c
DOE 10 CFR Part 430 or
ANSI Z21.47
≥ 225,000 Btu/h Maximum capacityc 80%Et
f ANSI Z21.47
Warm-air furnaces,
oil fired
< 225,000 Btu/h —83% AFUE or
80%Et
c
DOE 10 CFR Part 430 or
UL 727
≥ 225,000 Btu/h Maximum capacityb 81%Et
g UL 727
Warm-air duct furnaces,
gas fired All capacities Maximum capacityb 80%Ec ANSI Z83.8
Warm-air unit heaters,
gas fired All capacities Maximum capacityb 80%Ec ANSI Z83.8
Warm-air unit heaters,
oil fired All capacities Maximum capacityb 80%Ec UL 731
For SI: 1 British thermal unit per hour = 0.2931 W.
a. These requirements apply to boilers with rated input of 8,000,000 Btu/h or less that are not packaged boilers and to all packaged boilers. Minimum efficiency
requirements for boilers cover all capacities of packaged boilers.
b. Maximum capacity – minimum and maximum ratings as provided for and allowed by the unit’s controls.
c. Includes oil-fired (residual).
d.Ec = Combustion efficiency (100 percent less flue losses).
e.Et = Thermal efficiency. See referenced standard for detailed information.
f. Boilers shall not be equipped with a constant-burning ignition pilot.
g. A boiler not equipped with a tankless domestic water heating coil shall be equipped with an automatic means for adjusting the temperature of the water such
that an incremental change in inferred heat load produces a corresponding incremental change in the temperature of the water supplied.
Boilers, hot water
Gas-fired
< 300,000 Btu/hf, g 82% AFUE 10 CFR Part 430
≥ 300,000 Btu/h and
≤ 2,500,000 Btu/hb 80% Et 10 CFR Part 431
> 2,500,000 Btu/ha 82% Ec
Oil-firedc
< 300,000 Btu/hg 84% AFUE 10 CFR Part 430
≥ 300,000 Btu/h and
≤ 2,500,000 Btu/hb 82% Et 10 CFR Part 431
> 2,500,000 Btu/ha 84% Ec
Boilers, steam
Gas-fired < 300,000 Btu/hf 80% AFUE 10 CFR Part 430
Gas-fired- all, except natural draft
≥ 300,000 Btu/h and
≤ 2,500,000 Btu/hb 79% Et
10 CFR Part 431
> 2,500,000 Btu/ha 79% Et
Gas-fired-natural draft
≥ 300,000 Btu/h and
≤ 2,500,000 Btu/hb 77% Et
> 2,500,000 Btu/ha 77% Et
Oil-firedc
< 300,000 Btu/h 82% AFUE 10 CFR Part 430
≥ 300,000 Btu/h and
≤ 2,500,000 Btu/hb 81% Et 10 CFR Part 431
> 2,500,000 Btu/ha 81% Et
For SI: 1 British thermal unit per hour = 0.2931 W.
a. Chapter 6 contains a complete specification of the referenced test procedure, including the referenced year version of the test procedure.
b. IPLVs are only applicable to equipment with capacity modulation.
Condensing units, air cooled ≥ 135,000 Btu/h 10.1 EER
11.2 IPLV
AHRI 365
Condensing units, water or evaporatively cooled ≥ 135,000 Btu/h 13.1 EER
13.1 IPLV
a. The requirements for centrifugal chiller shall be adjusted for nonstandard rating conditions in accordance with Section C403.3.2.1 and are only applicable for
the range of conditions listed in Section C403.3.2.1. The requirements for air-cooled, water-cooled positive displacement and absorption chillers are at
standard rating conditions defined in the reference test procedure.
b. Both the full-load and IPLV requirements shall be met or exceeded to comply with this standard. Where there is a Path B, compliance can be with either Path
A or Path B for any application.
c. NA means the requirements are not applicable for Path B and only Path A can be used for compliance.
d. FL represents the full-load performance requirements and IPLV the part-load performance requirements.
Air-cooled chillers
< 150 Tons
EER
(Btu/W)
≥ 9.562 FL NAc ≥ 10.100 FL ≥ 9.700 FL
AHRI 550/
590
≥ 12.500 IPLV ≥ 13.700 IPLV ≥ 15,800 IPLV
≥ 150 Tons
≥ 9.562 FL NAc ≥ 10.100 FL ≥ 9.700 FL
≥ 12.500 IPLV ≥ 14.000 IPLV ≥ 16.100 IPLV
Air cooled without
condenser,
electrically operated
All capacities EER
(Btu/W)
Air-cooled chillers without condenser shall be rated with
matching condensers and complying with air-cooled chiller
efficiency requirements.
Water cooled,
electrically operated
positive displacement
< 75 Tons
kW/ton
≤ 0.780 FL ≤ 0.800 FL ≤ 0.750 FL ≤ 0.780 FL
≤ 0.630 IPLV ≤ 0.600 IPLV ≤ 0.600 IPLV ≤ 0.500 IPLV
≥ 75 tons and < 150 tons
≤ 0.775 FL ≤ 0.790 FL ≤ 0.720 FL ≤ 0.750 FL
≤ 0.615 IPLV ≤ 0.586 IPLV ≤ 0.560 IPLV ≤ 0.490 IPLV
≥ 150 tons and < 300 tons
≤ 0.680 FL ≤ 0.718 FL ≤ 0.660 FL ≤ 0.680 FL
≤ 0.580 IPLV ≤ 0.540 IPLV ≤ 0.540 IPLV ≤ 0.440 IPLV
≥ 300 tons and < 600 tons
≤ 0.620 FL ≤ 0.639 FL ≤ 0.610 FL ≤ 0.625 FL
≤ 0.540 IPLV ≤ 0.490 IPLV ≤ 0.520 IPLV ≤ 0.410 IPLV
≥ 600 tons
≤ 0.620 FL ≤ 0.639 FL ≤ 0.560 FL ≤ 0.585 FL
≤ 0.540 IPLV ≤ 0.490 IPLV ≤ 0.500 IPLV ≤ 0.380 IPLV
Water cooled,
electrically operated
centrifugal
< 150 Tons
kW/ton
≤ 0.634 FL ≤ 0.639 FL ≤ 0.610 FL ≤ 0.695 FL
≤ 0.596 IPLV ≤ 0.450 IPLV ≤ 0.550 IPLV ≤ 0.440 IPLV
≥ 150 tons and < 300 tons
≤ 0.634 FL ≤ 0.639 FL ≤ 0.610 FL ≤ 0.635 FL
≤ 0.596 IPLV ≤ 0.450 IPLV ≤ 0.550 IPLV ≤ 0.400 IPLV
≥ 300 tons and < 400 tons
≤ 0.576 FL ≤ 0.600 FL ≤ 0.560 FL ≤ 0.595 FL
≤ 0.549 IPLV ≤ 0.400 IPLV ≤ 0.520 IPLV ≤ 0.390 IPLV
≥ 400 tons and < 600 tons
≤ 0.576 FL ≤ 0.600 FL ≤ 0.560 FL ≤ 0.585 FL
≤ 0.549 IPLV ≤ 0.400 IPLV ≤ 0.500 IPLV ≤ 0.380 IPLV
≥ 600 Tons
≤ 0.570 FL ≤ 0.590 FL ≤ 0.560 FL ≤ 0.585 FL
≤ 0.539 IPLV ≤ 0.400 IPLV ≤ 0.500 IPLV ≤ 0.380 IPLV
Air cooled, absorption,
single effect All capacities COP ≥ 0.600 FL NA
c ≥ 0.600 FL NA
c
AHRI 560
Water cooled
absorption, single
effect
All capacities COP ≥ 0.700 FL NA
c ≥ 0.700 FL NA
c
Absorption, double
effect, indirect fired All capacities COP
≥ 1.000 FL
NAc ≥ 1.000 FL
NAc
≥ 1.050 IPLV ≥ 1.050 IPLV
Absorption double effect
direct fired All capacities COP
≥ 1.000 FL
NAc ≥ 1.000 FL
NAc
≥ 1.000 IPLV ≥ 1.050 IPLV
For SI: °C = [(°F) - 32]/1.8, L/s • kW = (gpm/hp)/(11.83), COP = (Btu/h • hp)/(2550.7),
db = dry bulb temperature, °F, wb = wet bulb temperature, °F.
a. The efficiencies and test procedures for both open- and closed-circuit cooling towers are not applicable to hybrid cooling towers that contain a combination of
wet and dry heat exchange sections.
b. For purposes of this table, open circuit cooling tower performance is defined as the water flow rating of the tower at the thermal rating condition, divided by
the fan nameplate-rated motor power.
c. For purposes of this table, closed-circuit cooling tower performance is defined as the water flow rating of the tower at the thermal rating condition, divided by
the sum of the fan nameplate-rated motor power and the spray pump nameplate-rated motor power.
d. For purposes of this table, air-cooled condenser performance is defined as the heat rejected from the refrigerant divided by the fan nameplate-rated motor
power.
e. Chapter 6 contains a complete specification of the referenced test procedure, including the referenced year version of the test procedure. The certification
requirements do not apply to field-erected cooling towers.
f. Where a certification program exists for a covered product and it includes provisions for verification and challenge of equipment efficiency ratings, then the
product shall be listed in the certification program; or, where a certification program exists for a covered product, and it includes provisions for verification
and challenge of equipment efficiency ratings, but the product is not listed in the existing certification program, the ratings shall be verified by an independent
laboratory test report.
g. Cooling towers shall comply with the minimum efficiency listed in the table for that specific type of tower with the capacity effect of any project-specific
accessories or options included in the capacity of the cooling tower
h. For purposes of this table, evaporative condenser performance is defined as the heat rejected at the specified rating condition in the table divided by the sum
of the fan motor nameplate power and the integral spray pump nameplate power
i. Requirements for evaporative condensers are listed with ammonia (R-717) and R-507A as test fluids in the table. Evaporative condensers intended for use
with halocarbon refrigerants other than R-507A shall meet the minimum efficiency requirements listed in this table with R-507A as the test fluid.
Propeller or axial fan
open-circuit cooling
towers
All
95°F entering water
85°F leaving water
75°F entering wb
≥ 40.2 gpm/hp CTI ATC-105 and
CTI STD-201 RS
Centrifugal fan
open-circuit cooling
towers
All
95°F entering water
85°F leaving water
75°F entering wb
≥ 20.0 gpm/hp CTI ATC-105 and
CTI STD-201 RS
Propeller or axial fan
closed-circuit cooling
towers
All
102°F entering water
90°F leaving water
75°F entering wb
≥ 16.1 gpm/hp CTI ATC-105S and
CTI STD-201 RS
Centrifugal fan
closed- circuit cooling
towers
All
102°F entering water
90°F leaving water
75°F entering wb
≥ 7.0 gpm/hp CTI ATC-105S and
CTI STD-201 RS
Propeller or axial fan
evaporative condensers All
Ammonia Test Fluid
140°F entering gas temperature
96.3°F condensing temperature
75°F entering wb
≥ 134,000 Btu/h × hp CTI ATC-106
Centrifugal fan
evaporative condensers All
Ammonia Test Fluid
140°F entering gas temperature
96.3°F condensing temperature
75°F entering wb
≥110,000 Btu/h × hp CTI ATC-106
Propeller or axial fan
evaporative condensers All
R-507A Test Fluid
165°F entering gas temperature
105°F condensing temperature
75°F entering wb
≥ 157,000 Btu/h × hp CTI ATC-106
Centrifugal fan
evaporative condensers All
R-507A Test Fluid
165°F entering gas temperature
105°F condensing temperature
75°F entering wb
≥ 135,000 Btu/h × hp CTI ATC-106
Air-cooled condensers All
125°F Condensing Temperature
190°F Entering Gas Temperature
15°F subcooling
95°F entering db
≥ 176,000 Btu/h × hp AHRI 460
C Cooling systems
shall not use hot gas bypass or other evaporator pressure
control systems unless the system is designed with multi-
ple steps of unloading or continuous capacity modulation.
The capacity of the hot gas bypass shall be limited as indi-
cated in Table C403.3.3, as limited by Section C403.5.1.
For SI: 1 British thermal unit per hour = 0.2931 W.
Boiler systems with design
input of greater than 1,000,000 Btu/h (293 kW) shall com-
ply with the turndown ratio specified in Table C403.3.4.
The system turndown requirement shall be met through
the use of multiple single-input boilers, one or more modu-
lating boilers or a combination of single-input and modu-
lating boilers.
For SI: 1 British thermal unit per hour = 0.2931 W.
Each heating and cooling system shall be provided with con-
trols in accordance with Sections C403.4.1 through C403.4.5.
The supply
of heating and cooling energy to each zone shall be controlled
by individual thermostatic controls capable of responding to
temperature within the zone. Where humidification or dehu-
midification or both is provided, not fewer than one humidity
control device shall be provided for each humidity control
system.
Independent perimeter systems that are
designed to offset only building envelope heat losses,
≤ 240,000 Btu/h 50
> 240,000 Btu/h 25
≥ 1,000,000 and less than or equal to 5,000,000 3 to 1
> 5,000,000 and less than or equal to 10,000,000 4 to 1
> 10,000,000 5 to 1
For SI: 1 British thermal unit per hour = 0.2931 W.
a. Net sensible cooling capacity: the total gross cooling capacity less the latent cooling less the energy to the air movement system. (Total Gross – latent – Fan
Power).
b. Sensible coefficient of performance (SCOP-127): a ratio calculated by dividing the net sensible cooling capacity in watts by the total power input in watts
(excluding reheaters and humidifiers) at conditions defined in ASHRAE Standard 127. The net sensible cooling capacity is the gross sensible capacity minus
the energy dissipated into the cooled space by the fan system.
Air conditioners, air cooled
< 65,000 Btu/h 2.20 / 2.09
ANSI/ASHRAE 127
≥ 65,000 Btu/h and < 240,000 Btu/h 2.10 / 1.99
≥ 240,000 Btu/h 1.90 / 1.79
Air conditioners, water cooled
< 65,000 Btu/h 2.60 / 2.49
≥ 65,000 Btu/h and < 240,000 Btu/h 2.50 / 2.39
≥ 240,000 Btu/h 2.40 /2.29
Air conditioners, water cooled with
fluid economizer
< 65,000 Btu/h 2.55 /2.44
≥ 65,000 Btu/h and < 240,000 Btu/h 2.45 / 2.34
≥ 240,000 Btu/h 2.35 / 2.24
Air conditioners, glycol cooled
(rated at 40% propylene glycol)
< 65,000 Btu/h 2.50 / 2.39
≥ 65,000 Btu/h and < 240,000 Btu/h 2.15 / 2.04
≥ 240,000 Btu/h 2.10 / 1.99
Air conditioners, glycol cooled
(rated at 40% propylene glycol)
with fluid economizer
< 65,000 Btu/h 2.45 / 2.34
≥ 65,000 Btu/h and < 240,000 Btu/h 2.10 / 1.99
≥ 240,000 Btu/h 2.05 / 1.94
NR = No Requirement.
a. Chapter 6 contains a complete specification of the referenced test procedure, including the referenced year version of the test procedure.
Liquid-to-liquid heat exchangers Plate type NR AHRI 400
gains or both serving one or more perimeter zones also
served by an interior system provided that both of the
following conditions are met:
1. The perimeter system includes not fewer than one
thermostatic control zone for each building expo-
sure having exterior walls facing only one orien-
tation (within ± 45 degrees) (0.8 rad) for more
than 50 contiguous feet (15 240 mm).
2. The perimeter system heating and cooling supply
is controlled by thermostats located within the
zones served by the system.
Heat pumps having supplementary electric resis-
tance heat shall have controls that, except during
defrost, prevent supplementary heat operation where
the heat pump can provide the heating load.
Where used to
control both heating and cooling, zone thermostatic
controls shall be configured to provide a temperature
range or deadband of not less than 5°F (2.8°C) within
which the supply of heating and cooling energy to the
zone is shut off or reduced to a minimum.
1. Thermostats requiring manual changeover
between heating and cooling modes.
2. Occupancies or applications requiring preci-
sion in indoor temperature control as approved
by the code official.
Where a zone has a separate heating and a sepa-
rate cooling thermostatic control located within the
zone, a limit switch, mechanical stop or direct digital
control system with software programming shall be
configured to prevent the heating setpoint from exceed-
ing the cooling setpoint and to maintain a deadband in
accordance with Section C403.4.1.2.
The heating system for heated vestibules and air curtains
with integral heating shall be provided with controls
configured to shut off the source of heating when the
outdoor air temperature is greater than 45°F (7°C). Ves-
tibule heating and cooling systems shall be controlled by
a thermostat located in the vestibule configured to limit
heating to a temperature not greater than 60°F (16°C)
and cooling to a temperature not less than 85°F (29°C).
Control of heating or cooling provided
by site-recovered energy or transfer air that would
otherwise be exhausted.
Hot water boilers that
supply heat to the building through one- or two-pipe
heating systems shall have an outdoor setback control
that lowers the boiler water temperature based on the
outdoor temperature.
Any
directly conditioned space with operable wall or
roof openings to the outdoors shall be equipped with
interlock controls that disable or reset the tempera-
ture setpoint for mechanical heating and cooling.
The reset setpoint for mechanical heating shall be
55°F and for mechanical cooling, 90°F. The system
shutoff or setpoint temperature reset shall activate
within 5 minutes of any such operable wall or roof
opening being opened.
Interlock controls are not required for
systems and spaces as follows:
1. On doors with automatic closing devices.
2. For vestibules or revolving doors.
3. For any space without a thermostatic con-
trol (a thermostat or space temperature sen-
sor used to control heating or cooling to the
space).
Overhead doors, cargo doors, sliding doors,
folding and accordion-style wall systems, and other
loading dock-style doors that open to the outdoors
shall be equipped with interlock controls that disable
the heating, cooling and humidity control equipment
that serves the area or zone adjacent to the door. The
shutoff shall activate prior to the door being 25 per-
cent open. A shutoff override, designed to be used
when vehicles are parked in the doorway, may be
included on doors equipped with weatherseals. The
override must automatically deactivate when the
vehicle is removed.
1. Areas where HVAC equipment must
remain on for safety, sanitation or other
health-related reasons.
2. Areas heated by radiant heating systems.
3. The shutoff override shall activate within 5
minutes in groups U, SI, and B motor vehi-
cle showroom occupancies.
Each zone shall
be provided with thermostatic setback controls that are con-
trolled by either an automatic time clock or programmable
control system.
1.Zones that will be operated continuously.
2.Zones with a full HVAC load demand not
exceeding 6,800 Btu/h (2 kW) and having a man-
ual shutoff switch located with ready access.
Thermostatic setback controls shall be configured to set
back or temporarily operate the system to maintain
zone temperatures down to 55°F (13°C) or up to 85°F
(29°C).
Automatic time clock or programmable con-
trols shall be capable of starting and stopping the
system for seven different daily schedules per week and
retaining their programming and time setting during a
loss of power for not fewer than 10 hours. Additionally,
the controls shall have a manual override that allows
temporary operation of the system for up to 2 hours; a
manually operated timer configured to operate the sys-
tem for up to 2 hours; or an occupancy sensor.
Automatic
start controls shall be provided for each HVAC system.
The controls shall be configured to automatically adjust
the daily start time of the HVAC system in order to
bring each space to the desired occupied temperature
immediately prior to scheduled occupancy.
The heating of fluids
that have been previously mechanically cooled and the cool-
ing of fluids that have been previously mechanically heated
shall be limited in accordance with Sections C403.4.3.1
through C403.4.3.3. Hydronic heating systems comprised of
multiple-packaged boilers and designed to deliver condi-
tioned water or steam into a common distribution system shall
include automatic controls configured to sequence operation
of the boilers. Hydronic heating systems composed of a sin-
gle boiler and greater than 500,000 Btu/h (146.5 kW) input
design capacity shall include either a multistaged or modulat-
ing burner.
Hydronic systems that
use a common return system for both hot water and
chilled water are prohibited.
Systems
that use a common distribution system to supply both
heated and chilled water shall be designed to allow a
deadband between changeover from one mode to the
other of not less than 15°F (8.3°C) outside air tempera-
tures; be designed to and provided with controls that
will allow operation in one mode for not less than 4
hours before changing over to the other mode; and be
provided with controls that allow heating and cooling
supply temperatures at the changeover point to be not
more than 30°F (16.7°C) apart.
Hydronic heat pump systems shall comply with
Sections C403.4.3.3.1 through C403.4.3.3.3.
Hydronic
heat pumps connected to a common heat pump
water loop with central devices for heat rejection
and heat addition shall have controls that are config-
ured to provide a heat pump water supply tempera-
ture deadband of not less than 20°F (11°C) between
initiation of heat rejection and heat addition by the
central devices.
Where a system loop temperature
optimization controller is installed and can deter-
mine the most efficient operating temperature
based on real-time conditions of demand and
capacity, deadbands of less than 20°F (11°C)
shall be permitted.
The following shall
apply to hydronic water loop heat pump systems:
1. Where a closed-circuit cooling tower is used
directly in the heat pump loop, either an auto-
matic valve shall be installed to bypass the
flow of water around the closed-circuit cool-
ing tower, except for any flow necessary for
freeze protection, or low-leakage positive-clo-
sure dampers shall be provided.
2. Where an open-circuit cooling tower is used
directly in the heat pump loop, an automatic
valve shall be installed to bypass all heat
pump water flow around the open-circuit cool-
ing tower.
3. Where an open-circuit cooling tower is used in
conjunction with a separate heat exchanger to
isolate the open-circuit cooling tower from the
heat pump loop, heat loss shall be controlled
by shutting down the circulation pump on the
cooling tower loop.
Where it can be demonstrated that a
heat pump system will be required to reject heat
throughout the year.
Each hydronic
heat pump on the hydronic system having a total
pump system power exceeding 10 hp (7.5 kW) shall
have a two-position valve.
Hydronic systems greater than
or equal to 300,000 Btu/h (87.9 kW) in design output capac-
ity supplying heated or chilled water to comfort conditioning
systems shall include controls that are configured to do all of
the following:
1. Automatically reset the supply-water temperatures
in response to varying building heating and cooling
demand using coil valve position, zone-return water
temperature, building-return water temperature or
outside air temperature. The temperature shall be
reset by not less than 25 percent of the design sup-
ply-to-return water temperature difference.
2. Automatically vary fluid flow for hydronic systems
with a combined pump motor capacity of 2 hp (1.5
kW) or larger with three or more control valves or
other devices by reducing the system design flow
rate by not less than 50 percent or the maximum
reduction allowed by the equipment manufacturer
for proper operation of equipment by valves that
modulate or step open and close, or pumps that mod-
ulate or turn on and off as a function of load.
3. Automatically vary pump flow on heating-water
systems, chilled-water systems and heat rejection
loops serving water-cooled unitary air conditioners
as follows:
3.1. Where pumps operate continuously or oper-
ate based on a time schedule, pumps with
nominal output motor power of 2 hp or more
shall have a variable speed drive.
3.2. Where pumps have automatic direct digital
control configured to operate pumps only
when zone heating or cooling is required, a
variable speed drive shall be provided for
pumps with motors having the same or
greater nominal output power indicated in
Table C403.4.4 based on the system served.
4. Where a variable speed drive is required by Item 3
of this Section, pump motor power input shall be not
more than 30 percent of design wattage at 50 percent
of the design water flow. Pump flow shall be con-
trolled to maintain one control valve nearly wide
open or to satisfy the minimum differential pressure.
1. Supply-water temperature reset is not required
for chilled-water systems supplied by off-site dis-
trict chilled water or chilled water from ice stor-
age systems.
2. Variable pump flow is not required on dedicated
coil circulation pumps where needed for freeze
protection.
3. Variable pump flow is not required on dedicated
equipment circulation pumps where configured
in primary/secondary design to provide the mini-
mum flow requirements of the equipment manu-
facturer for proper operation of equipment.
4. Variable speed drives are not required on heating
water pumps where more than 50 percent of
annual heat is generated by an electric boiler.
Chilled water plants including
more than one chiller shall be capable of and configured to
reduce flow automatically through the chiller plant when a
chiller is shut down. Chillers piped in series for the purpose
of increased temperature differential shall be considered as
one chiller.
Boiler systems including more than one boiler shall be
capable of and configured to reduce flow automatically
through the boiler system when a boiler is shut down.
Economizers shall
comply with Sections C403.5.1 through C403.5.5.
An air or water economizer shall be provided for the fol-
lowing cooling systems:
1. Chilled water systems with a total cooling capacity,
less cooling capacity provided with air economizers
specified in Table C403.5.
2. Individual fan systems with cooling capacity greater
than or equal to 54,000 Btu/h (15.8 kW) in buildings
having other than a Group R occupancy,
The total supply capacity of all fan cooling units not
provided with economizers shall not exceed 20 percent
of the total supply capacity of all fan cooling units in
the building or 300,000 Btu/h (88 kW), whichever is
greater.
3. Individual fan systems with cooling capacity greater
than or equal to 270,000 Btu/h (79.1 kW) in buildings
having a Group R occupancy.
The total supply capacity of all fan cooling units not
provided with economizers shall not exceed 20 percent
of the total supply capacity of all fan cooling units in
the building or 1,500,000 Btu/h (440 kW), whichever is
greater.
Economizers are not required for the follow-
ing systems.
1. Where more than 25 percent of the air designed to
be supplied by the system is to spaces that are
designed to be humidified above 35°F (1.7°C) dew-
point temperature to satisfy process needs.
2. Systems serving supermarket areas with open refrig-
erated casework.
3. Systems that include a heat recovery system in
accordance with Section C403.9.5.
Economizer
systems shall be integrated with the mechanical cooling
system and be configured to provide partial cooling even
where additional mechanical cooling is required to provide
the remainder of the cooling load. Controls shall not be
capable of creating a false load in the mechanical cooling
systems by limiting or disabling the economizer or any
other means, such as hot gas bypass, except at the lowest
stage of mechanical cooling.
Units that include an air economizer shall comply with
the following:
1. Unit controls shall have the mechanical cooling
capacity control interlocked with the air economizer
controls such that the outdoor air damper is at the
100-percent open position when mechanical cooling
is on and the outdoor air damper does not begin to
close to prevent coil freezing due to minimum com-
pressor run time until the leaving air temperature is
less than 45°F (7°C).
2. Direct expansion (DX) units that control 75,000 Btu/
h (22 kW) or greater of rated capacity of the capac-
ity of the mechanical cooling directly based on
occupied space temperature shall have not fewer
than two stages of mechanical cooling capacity.
3. Other DX units, including those that control space
temperature by modulating the airflow to the space,
shall be in accordance with Table C403.5.1.
HVAC
system design and economizer controls shall be such that
economizer operation does not increase building heating
energy use during normal operation.
Economizers on variable air volume (VAV)
systems that cause zone level heating to increase
because of a reduction in supply air temperature.
5B —≥ 7.5 hp
—5B≥ 10 hp
Where economizers are
required by Section C403.5, air economizers shall comply
with Sections C403.5.3.1 through C403.5.3.5.
Air economizer systems
shall be configured to modulate outdoor air and return
air dampers to provide up to 100 percent of the design
supply air quantity as outdoor air for cooling.
Economizer controls and
dampers shall be configured to sequence the dampers
with the mechanical cooling equipment and shall not be
controlled by only mixed-air temperature.
The use of mixed-air temperature limit
control shall be permitted for systems controlled
from space temperature (such as single-zone sys-
tems).
Air economizers shall
be configured to automatically reduce outdoor air
intake to the design minimum outdoor air quantity
when outdoor air intake will not reduce cooling energy
usage. High-limit shutoff control types for specific cli-
mates shall be chosen from Table C403.5.3.3. High-
limit shutoff control settings for these control types
shall be those specified in Table C403.5.3.3.
Systems shall
be capable of relieving excess outdoor air during air
economizer operation to prevent overpressurizing the
building. The relief air outlet shall be located to avoid
recirculation into the building.
Return, exhaust/
relief and outdoor air dampers used in economizers
shall comply with Section C403.7.7.
Where economizers
are required by Section C403.5, water-side economizers
shall comply with Sections C403.5.4.1 and C403.5.4.2.
Water economizer sys-
tems shall be configured to cool supply air by indirect
evaporation and providing up to 100 percent of the
expected system cooling load at outdoor air tempera-
tures of not greater than 50°F (10°C) dry bulb/45°F
(7°C) wet bulb.
1. Systems primarily serving computer rooms in
which 100 percent of the expected system
cooling load at 40°F (4°C) dry bulb/35°F
(1.7°C) wet bulb is met with evaporative water
economizers.
2. Systems primarily serving computer rooms
with dry cooler water economizers that satisfy
100 percent of the expected system cooling
load at 35°F (1.7°C) dry bulb.
3. Systems where dehumidification requirements
cannot be met using outdoor air temperatures
of 50°F (10°C) dry bulb/45°F (7°C) wet bulb
and where 100 percent of the expected system
cooling load at 45°F (7°C) dry bulb/40°F
(4°C) wet bulb is met with evaporative water
economizers.
Precooling
coils and water-to-water heat exchangers used as part
of a water economizer system shall either have a water-
side pressure drop of less than 15 feet (45 kPa) of water
or a secondary loop shall be created so that the coil or
heat exchanger pressure drop is not seen by the circu-
lating pumps when the system is in the normal cooling
(noneconomizer) mode.
Air-cooled unitary direct-expansion units
listed in Tables C403.3.2(1) through C403.3.2(3) and vari-
able refrigerant flow (VRF) units that are equipped with an
economizer in accordance with Sections C403.5 through
C403.5.4 shall include a fault detection and diagnostics
system complying with the following:
1. The following temperature sensors shall be perma-
nently installed to monitor system operation:
1.1. Outside air.
1.2. Supply air.
1.3. Return air.
For SI: 1 British thermal unit per hour = 0.2931 W.
5B 1,320,000 Btu/h 1,720,000 Btu/h
For SI: 1 British thermal unit per hour = 0.2931 W.
a. For mechanical cooling stage control that does not use variable compressor displacement, the percent displacement shall be equivalent to the mechanical cooling
capacity reduction evaluated at the full load rating conditions for the compressor.
≥ 65,000 Btu/h and < 240,000 Btu/h 3 stages ≤ 35% of full load
≥ 240,000 Btu/h 4 stages ≤ 25% full load
2. Temperature sensors shall have an accuracy of ±2°F
(1.1°C) over the range of 40°F to 80°F (4°C to
26.7°C).
3. Refrigerant pressure sensors, where used, shall have
an accuracy of ±3 percent of full scale.
4. The unit controller shall be configured to provide
system status by indicating the following:
4.1. Free cooling available.
4.2. Economizer enabled.
4.3. Compressor enabled.
4.4. Heating enabled.
4.5. Mixed air low limit cycle active.
4.6. The current value of each sensor.
5. The unit controller shall be capable of manually ini-
tiating each operating mode so that the operation of
compressors, economizers, fans and the heating sys-
tem can be independently tested and verified.
6. The unit shall be configured to report faults to a fault
management application available for access by
day-to-day operating or service personnel, or annun-
ciated locally on zone thermostats.
7. The fault detection and diagnostics system shall be
configured to detect the following faults:
7.1. Air temperature sensor failure/fault.
7.2. Not economizing when the unit should be
economizing.
7.3. Economizing when the unit should not be
economizing.
7.4. Damper not modulating.
7.5. Excess outdoor air.
Sections C403.6.1 through C403.6.9 shall
apply to mechanical systems serving multiple zones.
Supply air systems serving multiple zones shall be
variable air volume (VAV) systems that have zone controls
configured to reduce the volume of air that is reheated,
recooled or mixed in each zone to one of the following:
1. Twenty percent of the zone design peak supply for
systems with DDC and 30 percent for other systems.
2. Systems with DDC where all of the following apply:
2.1. The airflow rate in the deadband between
heating and cooling does not exceed 20 per-
cent of the zone design peak supply rate or
higher allowed rates under Items 3, 4 and 5
of this section.
2.2. The first stage of heating modulates the zone
supply air temperature setpoint up to a maxi-
mum setpoint while the airflow is main-
tained at the deadband flow rate.
2.3. The second stage of heating modulates the
airflow rate from the deadband flow rate up to
the heating maximum flow rate that is less
than 50 percent of the zone design peak sup-
ply rate.
3. The outdoor airflow rate required to meet the mini-
mum ventilation requirements of Chapter 4 of the
International Mechanical Code.
4. Any higher rate that can be demonstrated to reduce
overall system annual energy use by offsetting re-
heat/recool energy losses through a reduction in out-
door air intake for the system as approved by the
code official.
5. The airflow rate required to comply with applicable
codes or accreditation standards such as pressure
relationships or minimum air change rates.
The following individual zones or entire air
distribution systems are exempted from the require-
ment for VAV control:
1.Zones or supply air systems where not less than
75 percent of the energy for reheating or for pro-
viding warm air in mixing systems is provided
from a site-recovered, including condenser heat,
or site-solar energy source.
For SI: 1 foot = 305 mm, °C = (°F - 32)/1.8, 1 Btu/lb = 2.33 kJ/kg.
a. At altitudes substantially different than sea level, the fixed enthalpy limit shall be set to the enthalpy value at 75°F and 50-percent relative humidity. As an
example, at approximately 6,000 feet elevation, the fixed enthalpy limit is approximately 30.7 Btu/lb.
b. Devices with selectable setpoints shall be capable of being set to within 2°F and 2 Btu/lb of the setpoint listed.
Fixed dry bulb 5B TOA > 75°F Outdoor air temperature exceeds 75°F
Differential dry bulb 5B TOA > TRA
Outdoor air temperature exceeds
return air temperature
Fixed enthalpy with fixed
dry-bulb temperatures All hOA > 28 Btu/lba or
TOA > 75°F
Outdoor air enthalpy exceeds
28 Btu/lb of dry aira or
Outdoor air temperature exceeds 75°F
Differential enthalpy with
fixed dry-bulb
temperature
All hOA > hRA or
TOA > 75°F
Outdoor air enthalpy exceeds
return air enthalpy or
Outdoor air temperature exceeds 75°F
2. Systems that prevent reheating, recooling, mixing
or simultaneous supply of air that has been previ-
ously cooled, either mechanically or through the
use of economizer systems, and air that has been
previously mechanically heated.
Single-duct VAV systems shall use terminal devices capa-
ble of and configured to reduce the supply of primary sup-
ply air before reheating or recooling takes place.
Systems that have one warm air duct and one cool
air duct shall use terminal devices that are configured to
reduce the flow from one duct to a minimum before mix-
ing of air from the other duct takes place.
Individual dual-duct or mixing heat-
ing and cooling systems with a single fan and with total
capacities greater than 90,000 Btu/h [(26.4 kW) 7.5 tons]
shall not be equipped with air economizers.
Multi-
ple-zone HVAC systems shall include controls that auto-
matically reset the supply-air temperature in response to
representative building loads, or to outdoor air tempera-
ture. The controls shall be configured to reset the supply
air temperature not less than 25 percent of the difference
between the design supply-air temperature and the design
room air temperature.
1. Systems that prevent reheating, recooling or mix-
ing of heated and cooled supply air.
2. Seventy-five percent of the energy for reheating is
from site-recovered or site-solar energy sources.
3.Zones with peak supply air quantities of 300 cfm
(142 L/s) or less.
Multiple-zone VAV systems with direct
digital control of individual zone boxes reporting to a cen-
tral control panel shall have automatic controls configured
to reduce outdoor air intake flow below design rates in
response to changes in system ventilation efficiency (Ev) as
defined by the International Mechanical Code.
1. VAV systems with zonal transfer fans that recir-
culate air from other zones without directly mix-
ing it with outdoor air, dual-duct dual-fan VAV
systems, and VAV systems with fan-powered ter-
minal units.
2. Systems where total design exhaust airflow is
more than 70 percent of total design outdoor air
intake flow requirements.
Parallel-flow fan-powered VAV air terminals
shall have automatic controls configured to:
1. Turn off the terminal fan except when space heating
is required or where required for ventilation.
2. Turn on the terminal fan as the first stage of heating
before the heating coil is activated.
3. During heating for warmup or setback temperature
control, either:
3.1. Operate the terminal fan and heating coil
without primary air.
3.2. Reverse the terminal damper logic and pro-
vide heating from the central air handler by
primary air.
For systems
with direct digital control of individual zones reporting to
the central control panel, the static pressure setpoint shall
be reset based on the zone requiring the most pressure. In
such case, the setpoint is reset lower until one zone damper
is nearly wide open. The direct digital controls shall be
capable of monitoring zone damper positions or shall have
an alternative method of indicating the need for static pres-
sure that is configured to provide all of the following:
1. Automatic detection of any zone that excessively
drives the reset logic.
2. Generation of an alarm to the system operational
location.
3. Allowance for an operator to readily remove one or
more zones from the reset algorithm.
Static pressure
sensors used to control VAV fans shall be located such that
the controller setpoint is not greater than 1.2 inches w.c.
(299 Pa). Where this results in one or more sensors being
located downstream of major duct splits, not less than one
sensor shall be located on each major branch to ensure that
static pressure can be maintained in each branch.
In
addition to other requirements of Section C403 applicable to
the provision of ventilation air or the exhaust of air, ventila-
tion and exhaust systems shall be in accordance with Sections
C403.7.1 through C403.7.7.
Demand control ventilation (DCV) shall be provided for
spaces larger than 500 square feet (46.5 m2) and with an
average occupant load of 25 people or greater per 1,000
square feet (93 m2) of floor area, as established in Table
403.3.1.1 of the International Mechanical Code, and
served by systems with one or more of the following:
1. An air-side economizer.
2. Automatic modulating control of the outdoor air
damper.
3. A design outdoor airflow greater than 3,000 cfm
(1416 L/s).
1. Systems with energy recovery complying with
Section C403.7.4.
2. Multiple-zone systems without direct digital con-
trol of individual zones communicating with a
central control panel.
3. Systems with a design outdoor airflow less than
1,200 cfm (566 L/s).
4. Spaces where the supply airflow rate minus any
makeup or outgoing transfer air requirement is
less than 1,200 cfm (566 L/s).
5. Ventilation provided only for process loads.
Enclosed parking garages used for storing
or handling automobiles operating under their own power
shall employ contamination-sensing devices and auto-
matic controls configured to stage fans or modulate fan
average airflow rates to 50 percent or less of design capac-
ity, or intermittently operate fans less than 20 percent of
the occupied time or as required to maintain acceptable
contaminant levels in accordance with International
Mechanical Code provisions. Failure of contamination-
sensing devices shall cause the exhaust fans to operate
continuously at design airflow.
1. Garages with a total exhaust capacity less than
22,500 cfm (10 620 L/s) with ventilation systems
that do not utilize heating or mechanical cooling.
2. Garages that have a garage area to ventilation
system motor nameplate power ratio that exceeds
1125 cfm/hp (710 L/s/kW) and do not utilize
heating or mechanical cooling.
Units that provide ventilation air to multiple zones and
operate in conjunction with zone heating and cooling sys-
tems shall not use heating or heat recovery to warm supply
air to a temperature greater than 60°F (16°C) when repre-
sentative building loads or outdoor air temperatures indi-
cate that the majority of zones require cooling.
Where the supply airflow rate of a fan system
exceeds the values specified in Table C403.7.4, the system
shall include an energy recovery system. The energy
recovery system shall be configured to provide a change in
the enthalpy of the outdoor air supply of not less than 50
percent of the difference between the outdoor air and
return air enthalpies, at design conditions. Where an air
economizer is required, the energy recovery system shall
include a bypass or controls that permit operation of the
economizer as required by Section C403.5.
An energy recovery ventilation system
shall not be required in any of the following conditions:
1. Where energy recovery systems are prohibited
by the International Mechanical Code.
2. Laboratory fume hood systems that include not
fewer than one of the following features:
2.1. Variable-air-volume hood exhaust and
room supply systems configured to
reduce exhaust and makeup air volume to
50 percent or less of design values.
2.2. Direct makeup (auxiliary) air supply
equal to or greater than 75 percent of the
exhaust rate, heated not warmer than 2°F
(1.1°C) above room setpoint, cooled to
not cooler than 3°F (1.7°C) below room
setpoint, with no humidification added,
and no simultaneous heating and cooling
used for dehumidification control.
3. Systems serving spaces that are heated to less
than 60°F (15.5°C) and that are not cooled.
4. Where more than 60 percent of the outdoor
heating energy is provided from site-recovered
or site-solar energy.
5. Cooling energy recovery in Climate Zones 3C,
4C, 5B, 5C, 6B, 7 and 8.
6. Systems requiring dehumidification that
employ energy recovery in series with the
cooling coil.
7. Where the largest source of air exhausted at a
single location at the building exterior is less
than 75 percent of the design outdoor air flow
rate.
8. Systems expected to operate less than 20 hours
per week at the outdoor air percentage.
9. Systems exhausting toxic, flammable, paint or
corrosive fumes or dust.
10. Commercial kitchen hoods used for collecting
and removing grease vapors and smoke.
Replacement air introduced directly into the exhaust hood
cavity shall not be greater than 10 percent of the hood
exhaust airflow rate. Conditioned supply air delivered to
any space shall not exceed the greater of the following:
1. The ventilation rate required to meet the space heat-
ing or cooling load.
2. The hood exhaust flow minus the available transfer
air from adjacent space where available transfer air
is considered to be that portion of outdoor ventila-
tion air not required to satisfy other exhaust needs,
such as restrooms, and not required to maintain pres-
surization of adjacent spaces.
Where total kitchen hood exhaust airflow rate is greater
than 5,000 cfm (2360 L/s), each hood shall be a factory-
built commercial exhaust hood listed by a nationally rec-
ognized testing laboratory in compliance with UL 710.
Each hood shall have a maximum exhaust rate as specified
in Table C403.7.5 and shall comply with one of the fol-
lowing:
1. Not less than 50 percent of all replacement air shall
be transfer air that would otherwise be exhausted.
2. Demand ventilation systems on not less than 75 per-
cent of the exhaust air that are configured to provide
not less than a 50-percent reduction in exhaust and
replacement air system airflow rates, including con-
trols necessary to modulate airflow in response to
appliance operation and to maintain full capture and
containment of smoke, effluent and combustion
products during cooking and idle.
3. Listed energy recovery devices with a sensible heat
recovery effectiveness of not less than 40 percent on
not less than 50 percent of the total exhaust airflow.
Where a single hood, or hood section, is installed over
appliances with different duty ratings, the maximum
allowable flow rate for the hood or hood section shall be
based on the requirements for the highest appliance duty
rating under the hood or hood section.
Where not less than 75 percent of all the
replacement air is transfer air that would otherwise be
exhausted.
In Group R-1 buildings con-
taining more than 50 guestrooms, each guestroom shall be
provided with controls complying with the provisions of
Sections C403.7.6.1 and C403.7.6.2. Card key controls
comply with these requirements.
Controls
shall be provided on each HVAC system that are ca-
pable of and configured to automatically raise the cool-
ing setpoint and lower the heating setpoint by not less
than 4°F (2°C) from the occupant setpoint within 30
minutes after the occupants have left the guestroom.
The controls shall be capable of and configured to auto-
matically raise the cooling setpoint to not lower than
80°F (27°C) and lower the heating setpoint to not
higher than 60°F (16°C) when the guestroom is
unrented or has not been continuously occupied for
more than 16 hours or a networked guestroom control
system indicates that the guestroom is unrented and the
guestroom is unoccupied for more than 30 minutes. A
networked guestroom control system that is capable of
returning the thermostat setpoints to default occupied
setpoints 60 minutes prior to the time a guestroom is
scheduled to be occupied is not precluded by this sec-
tion. Cooling that is capable of limiting relative humid-
ity with a setpoint not lower than 65-percent relative
humidity during unoccupied periods is not precluded
by this section.
Controls shall be
provided on each HVAC system that are capable of and
configured to automatically turn off the ventilation and
exhaust fans within 30 minutes of the occupants leav-
ing the guestroom, or isolation devices shall be pro-
vided to each guestroom that are capable of
automatically shutting off the supply of outdoor air to
and exhaust air from the guestroom.
Guestroom ventilation systems are not
precluded from having an automatic daily pre-occu-
pancy purge cycle that provides daily outdoor air
ventilation during unrented periods at the design
ventilation rate for 60 minutes, or at a rate and dura-
tion equivalent to one air change.
Outdoor air
intake and exhaust openings and stairway and shaft vents
shall be provided with Class I motorized dampers. The
dampers shall have an air leakage rate not greater than 4
cfm/ft2 (20.3 L/s • m2) of damper surface area at 1.0 inch
water gauge (249 Pa) and shall be labeled by an approved
agency when tested in accordance with AMCA 500D for
such purpose.
Outdoor air intake and exhaust dampers shall be
installed with automatic controls configured to close when
the systems or spaces served are not in use or during unoc-
cupied period warm-up and setback operation, unless the
systems served require outdoor or exhaust air in accor-
dance with the International Mechanical Code or the
dampers are opened to provide intentional economizer
cooling.
For SI: 1 cfm = 0.4719 L/s.
≥≥≥≥≥≥≥≥
5B ≥ 2,500 ≥ 2,000 ≥ 1,000 ≥ 500 ≥ 140 ≥ 120 ≥ 100 ≥ 80
For SI:1 cfm = 0.4719 L/s; 1 foot = 305 mm.
NA = Not Allowed.
Wall-mounted canopy 140 210 280 385
Single island 280 350 420 490
Double island (per side)175 210 280 385
Eyebrow 175 175 NA NA
Backshelf/Pass-over 210 210 280 NA
Stairway and shaft vent dampers shall be installed with
automatic controls configured to open upon the activation
of any fire alarm initiating device of the building’s fire
alarm system or the interruption of power to the damper.
Nonmotorized gravity dampers shall be an
alternative to motorized dampers for exhaust and relief
openings as follows:
1. In buildings less than three stories in height
above grade plane.
2. Where the design exhaust capacity is not greater
than 300 cfm (142 L/s).
Nonmotorized gravity dampers shall have an air leak-
age rate not greater than 20 cfm/ft2 (101.6 L/s • m2) where
not less than 24 inches (610 mm) in either dimension and
40 cfm/ft2 (203.2 L/s • m2) where less than 24 inches (610
mm) in either dimension. The rate of air leakage shall be
determined at 1.0 inch water gauge (249 Pa) when tested
in accordance with AMCA 500D for such purpose. The
dampers shall be labeled by an approved agency.
Fans in HVAC systems shall
comply with Sections C403.8.1 through C403.8.5.1.
Each
HVAC system having a total fan system motor nameplate
horsepower exceeding 5 hp (3.7 kW) at fan system design
conditions shall not exceed the allowable fan system motor
nameplate hp (Option 1) or fan system bhp (Option 2)
shown in Table C403.8.1(1). This includes supply fans,
exhaust fans, return/relief fans, and fan-powered terminal
units associated with systems providing heating or cooling
capability. Single-zone variable air volume systems shall
comply with the constant volume fan power limitation.
1. Hospital, vivarium and laboratory systems that
utilize flow control devices on exhaust or return
to maintain space pressure relationships neces-
sary for occupant health and safety or environ-
mental control shall be permitted to use variable
volume fan power limitation.
2. Individual exhaust fans with motor nameplate
horsepower of 1 hp (0.746 kW) or less are
exempt from the allowable fan horsepower
requirement.
For each fan, the fan brake horsepower shall be indicated
on the construction documents and the selected motor
shall be not larger than the first available motor size
greater than the following:
1. For fans less than 6 bhp (4413 W), 1.5 times the fan
brake horsepower.
2. For fans 6 bhp (4413 W) and larger, 1.3 times the
fan brake horsepower.
3. Systems complying with Section C403.8.1 fan sys-
tem motor nameplate hp (Option 1).
Fans with motor nameplate horsepower
less than 1 hp (746 W) are exempt from this section.
Fans shall have a
fan efficiency grade (FEG) of not less than 67, as deter-
mined in accordance with AMCA 205 by an approved,
independent testing laboratory and labeled by the manu-
facturer. The total efficiency of the fan at the design point
of operation shall be within 15 percentage points of the
maximum total efficiency of the fan.
The following fans are not required to have
a fan efficiency grade:
1. Fans of 5 hp (3.7 kW) or less as follows:
1.1. Individual fans with a motor nameplate
horsepower of 5 hp (3.7 kW) or less,
unless Exception 1.2 applies.
1.2. Multiple fans in series or parallel that
have a combined motor nameplate horse-
power of 5 hp (3.7 kW) or less and are
operated as the functional equivalent of a
single fan.
2. Fans that are part of equipment covered in Sec-
tion C403.3.2.
3. Fans included in an equipment package certified
by an approved agency for air or energy perfor-
mance.
4. Powered wall/roof ventilators.
5. Fans outside the scope of AMCA 205.
6. Fans that are intended to operate only during
emergency conditions.
Motors for fans that are not less than 1/12 hp (0.062 kW)
and less than 1 hp (0.746 kW) shall be electronically com-
mutated motors or shall have a minimum motor efficiency
of 70 percent, rated in accordance with DOE 10 CFR 431.
These motors shall have the means to adjust motor speed
for either balancing or remote control. The use of belt-
driven fans to sheave adjustments for airflow balancing
instead of a varying motor speed shall be permitted.
The following motors are not required to
comply with this section:
1. Motors in the airstream within fan coils and ter-
minal units that only provide heating to the space
served.
2. Motors in space-conditioning equipment that
comply with Section C403.3.2 or Sections
C403.8.1. through C403.8.3.
3. Motors that comply with Section C405.7.
For SI: 1 bhp = 735.5 W, 1 hp = 745.5 W, 1 cfm = 0.4719 L/s.
where:
CFMS = The maximum design supply airflow rate to conditioned spaces served by the system in cubic feet per minute.
hp = The maximum combined motor nameplate horsepower.
bhp = The maximum combined fan brake horsepower.
A =Sum of [PD × CFMD / 4131].
where:
PD = Each applicable pressure drop adjustment from Table C403.8.1(2) in. w.c.
CFMD = The design airflow through each applicable device from Table C403.8.1(2) in cubic feet per minute.
Option 1: Fan system motor nameplate hp Allowable nameplate motor hp hp ≤ CFMS × 0.0011 hp ≤ CFMS × 0.0015
Option 2: Fan system bhp Allowable fan system bhp bhp ≤ CFMS × 0.00094 + A bhp ≤ CFMS × 0.0013 + A
For SI: 1 inch w.c. = 249 Pa, 1 inch = 25.4 mm.
w.c. = water column, NC = Noise criterion.
Return air or exhaust systems required by code or accreditation
standards to be fully ducted, or systems required to maintain
air pressure differentials between adjacent rooms
0.5 inch w.c. (2.15 inches w.c. for laboratory and vivarium systems)
Return and exhaust airflow control devices 0.5 inch w.c.
Exhaust filters, scrubbers or other exhaust treatment The pressure drop of device calculated at fan system design condition
Particulate filtration credit: MERV 9 thru 12 0.5 inch w.c.
Particulate filtration credit: MERV 13 thru 15 0.9 inch w.c.
Particulate filtration credit: MERV 16 and greater and
electronically enhanced filters
Pressure drop calculated at 2x clean filter pressure drop at fan system design
condition.
Carbon and other gas-phase air cleaners Clean filter pressure drop at fan system design condition.
Biosafety cabinet Pressure drop of device at fan system design condition.
Energy recovery device, other than coil runaround loop For each airstream, (2.2 × energy recovery effectiveness – 0.5) inch w.c.
Coil runaround loop 0.6 inch w.c. for each airstream.
Evaporative humidifier/cooler in series with another
cooling coil Pressure drop of device at fan system design conditions.
Sound attenuation section (fans serving spaces with design
background noise goals below NC35)0.15 inch w.c.
Exhaust system serving fume hoods 0.35 inch w.c.
Laboratory and vivarium exhaust systems in high-rise buildings 0.25 inch w.c./100 feet of vertical duct exceeding 75 feet.
Systems without central cooling device - 0.6 inch w.c.
Systems without central heating device - 0.3 inch w.c.
Systems with central electric resistance heat - 0.2 inch w.c.
Mechanical
ventilation system fans less than 1/12 horsepower in capac-
ity shall meet the efficacy requirements of Table C403.8.5.
1. Where ventilation fans are a component of a
listed heating or cooling appliance.
2. Dryer exhaust duct power ventilators, domestic
range hoods and domestic range booster fans that
operate intermittently.
Controls shall be provided for fans
in accordance with Section C403.8.6.1 and as required for
specific systems provided in Section C403.
Each cooling system
listed in Table C403.8.6.1 shall be designed to vary the
indoor fan airflow as a function of load and shall com-
ply with the following requirements:
1. Direct expansion (DX) and chilled water cooling
units that control the capacity of the mechanical
cooling directly based on space temperature shall
have not fewer than two stages of fan control.
Low or minimum speed shall not be greater than
66 percent of full speed. At low or minimum
speed, the fan system shall draw not more than 40
percent of the fan power at full fan speed. Low or
minimum speed shall be used during periods of
low cooling load and ventilation-only operation.
2. Other units including DX cooling units and
chilled water units that control the space tempera-
ture by modulating the airflow to the space shall
have modulating fan control. Minimum speed
shall be not greater than 50 percent of full speed.
At minimum speed the fan system shall draw not
more than 30 percent of the power at full fan
speed. Low or minimum speed shall be used
during periods of low cooling load and ventila-
tion-only operation.
3. Units that include an air-side economizer in
accordance with Section C403.5 shall have not
fewer than two speeds of fan control during econ-
omizer operation.
1.Modulating fan control is not required for
chilled water and evaporative cooling units
with fan motors of less than 1 hp (0.746 kW)
where the units are not used to provide ventila-
tion air and the indoor fan cycles with the load.
2. Where the volume of outdoor air required to
comply with the ventilation requirements of
the International Mechanical Code at low
speed exceeds the air that would be delivered
at the speed defined in Section C403.8.6, the
minimum speed shall be selected to provide
the required ventilation air.
For SI: 1 British thermal unit per hour = 0.2931 W; 1 hp = 0.746 kW.
Heat rejection equip-
ment, including air-cooled condensers, dry coolers, open-cir-
cuit cooling towers, closed-circuit cooling towers and
evaporative condensers, shall comply with this section.
Heat rejection devices where energy usage is
included in the equipment efficiency ratings listed in
Tables C403.3.2(6) and C403.3.2(7).
Each fan system powered by
an individual motor or array of motors with connected
power, including the motor service factor, totaling 5 hp
(3.7 kW) or more shall have controls and devices config-
ured to automatically modulate the fan speed to control the
leaving fluid temperature or condensing temperature and
pressure of the heat rejection device. Fan motor power
input shall be not more than 30 percent of design wattage
at 50 percent of the design airflow.
1. Fans serving multiple refrigerant or fluid cooling
circuits.
2. Condenser fans serving flooded condensers.
Multi-
ple-cell heat rejection equipment with variable speed fan
drives shall be controlled to operate the maximum number
of fans allowed that comply with the manufacturer’s
requirements for all system components and so that all
fans operate at the same fan speed required for the instan-
taneous cooling duty, as opposed to staged on and off
operation. The minimum fan speed shall be the minimum
allowable speed of the fan drive system in accordance with
the manufacturer’s recommendations.
Centrifugal fan open-circuit cooling tow-
ers with a combined rated capacity of 1,100 gpm (4164 L/
m) or greater at 95°F (35°C) condenser water return, 85°F
(29°C) condenser water supply, and 75°F (24°C) outdoor
air wet-bulb temperature shall meet the energy efficiency
HRV or ERV Any 1.2 cfm/watt Any
In-line fan Any 3.8 cfm/watt Any
Bathroom, utility
room 10 2.8 cfm/watt < 90
Bathroom, utility
room 90 3.5 cfm/watt Any
DX cooling Any ≥ 65,000 Btu/h
Chilled water and
evaporative cooling ≥ 1/4 hp Any
requirement for axial fan open-circuit cooling towers
listed in Table C403.3.2(8).
Centrifugal open-circuit cooling towers
that are designed with inlet or discharge ducts or
require external sound attenuation.
Open-circuit cooling tow-
ers used on water-cooled chiller systems that are configured
with multiple- or variable-speed condenser water pumps
shall be designed so that all open- circuit cooling tower cells
can be run in parallel with the larger of the flow that is pro-
duced by the smallest pump at its minimum expected flow
rate or at 50 percent of the design flow for the cell.
Con-
denser heat recovery shall be installed for heating or
reheating of service hot water provided that the facility
operates 24 hours a day, the total installed heat capacity of
water-cooled systems exceeds 6,000,000 Btu/hr (1758
kW) of heat rejection, and the design service water heating
load exceeds 1,000,000 Btu/h (293 kW).
The required heat recovery system shall have the
capacity to provide the smaller of the following:
1. Sixty percent of the peak heat rejection load at
design conditions.
2. The preheating required to raise the peak service hot
water draw to 85°F (29°C).
1. Facilities that employ condenser heat recovery for
space heating or reheat purposes with a heat
recovery design exceeding 30 percent of the peak
water-cooled condenser load at design conditions.
2. Facilities that provide 60 percent of their service
water heating from site solar or site recovered
energy or from other sources.
Refrigera-
tion equipment shall have an energy use in kWh/day not
greater than the values of Tables C403.10.1(1) and
C403.10.1(2) when tested and rated in accordance with AHRI
Standard 1200. The energy use shall be verified through certi-
fication under an approved certification program or, where a
certification program does not exist, the energy use shall be
supported by data furnished by the equipment manufacturer.
Refrigerated warehouse coolers
and refrigerated warehouse freezers shall comply with
this section. Walk-in coolers and walk-in freezers that are
neither site assembled nor site constructed shall comply
with the following:
1. Be equipped with automatic door-closers that
firmly close walk-in doors that have been closed to
within 1 inch (25 mm) of full closure.
Automatic closers are not required
for doors more than 45 inches (1143 mm) in
width or more than 7 feet (2134 mm) in height.
2. Doorways shall have strip doors, curtains, spring-
hinged doors or other method of minimizing infil-
tration when doors are open.
3.Walk-in coolers and refrigerated warehouse cool-
ers shall contain wall, ceiling, and door insulation
of not less than R-25 and walk-in freezers and
refrigerated warehouse freezers shall contain wall,
ceiling and door insulation of not less than R-32.
Glazed portions of doors or struc-
tural members need not be insulated.
4.Walk-in freezers shall contain floor insulation of
not less than R-28.
5. Transparent reach-in doors for walk-in freezers
and windows in walk-in freezer doors shall be of
triple-pane glass, either filled with inert gas or
with heat-reflective treated glass.
6. Windows and transparent reach-in doors for walk-
in coolers shall be of double-pane or triple-pane,
inert gas-filled, heat-reflective treated glass.
7. Evaporator fan motors that are less than 1 hp
(0.746 kW) and less than 460 volts shall use elec-
tronically commutated motors, brushless direct-
current motors, or 3-phase motors.
8. Condenser fan motors that are less than 1 hp
(0.746 kW) shall use electronically commutated
motors, permanent split capacitor-type motors or
3-phase motors.
9. Where antisweat heaters without antisweat heater
controls are provided, they shall have a total door
rail, glass and frame heater power draw of not
more than 7.1 W/ft2 (76 W/m2) of door opening for
walk-in freezers and 3.0 W/ft2 (32 W/m2) of door
opening for walk-in coolers.
10. Where antisweat heater controls are provided, they
shall reduce the energy use of the antisweat heater as
a function of the relative humidity in the air outside
the door or to the condensation on the inner glass
pane.
11. Lights in walk-in coolers, walk-in freezers, refrig-
erated warehouse coolers and refrigerated ware-
house freezers shall either use light sources with an
efficacy of not less than 40 lumens per watt, includ-
ing ballast losses, or shall use light sources with an
efficacy of not less than 40 lumens per watt, includ-
ing ballast losses, in conjunction with a device that
turns off the lights within 15 minutes when the
space is not occupied.
Site-assembled or site-constructed walk-in cool-
ers and walk-in freezers shall comply with the following:
1. Automatic door closers shall be provided that fully
close walk-in doors that have been closed to
within 1 inch (25 mm) of full closure.
Closers are not required for doors
more than 45 inches (1143 mm) in width or
more than 7 feet (2134 mm) in height.
2. Doorways shall be provided with strip doors, cur-
tains, spring-hinged doors or other method of min-
imizing infiltration when the doors are open.
3. Walls shall be provided with insulation having a
thermal resistance of not less than R-25, ceilings
shall be provided with insulation having a thermal
resistance of not less than R-25 and doors of walk-
in coolers and walk-in freezers shall be provided
with insulation having a thermal resistance of not
less than R-32.
Insulation is not required for glazed
portions of doors or at structural members asso-
ciated with the walls, ceiling or door frame.
4. The floor of walk-in freezers shall be provided
with insulation having a thermal resistance of not
less than R-28.
5. Transparent reach-in doors for and windows in
opaque walk-in freezer doors shall be provided
with triple-pane glass having the interstitial spaces
filled with inert gas or provided with heat-reflec-
tive treated glass.
6. Transparent reach-in doors for and windows in
opaque walk-in cooler doors shall be double-pane
heat-reflective treated glass having the interstitial
space gas filled.
7. Evaporator fan motors that are less than 1 hp
(0.746 kW) and less than 460 volts shall be elec-
tronically commutated motors or 3-phase motors.
8. Condenser fan motors that are less than 1 hp
(0.746 kW) in capacity shall be of the electroni-
cally commutated or permanent split capacitor-
type or shall be 3-phase motors.
Fan motors in walk-in coolers and
walk-in freezers combined in a single enclo-
sure greater than 3,000 square feet (279 m2) in
floor area are exempt.
9. Antisweat heaters that are not provided with anti-
sweat heater controls shall have a total door rail,
glass and frame heater power draw not greater
than 7.1 W/ft2 (76 W/m2) of door opening for
walk-in freezers, and not greater than 3.0 W/ft2 (32
W/m2) of door opening for walk-in coolers.
10. Antisweat heater controls shall be configured to
reduce the energy use of the antisweat heater as a
function of the relative humidity in the air outside the
door or to the condensation on the inner glass pane.
11. Light sources shall have an efficacy of not less
than 40 lumens per Watt, including any ballast
losses, or shall be provided with a device that
automatically turns off the lights within 15 min-
utes of when the walk-in cooler or walk-in freezer
was last occupied.
Effective January 1, 2020, walk-in coolers and walk-in
freezers shall meet the requirements of Tables
C403.10.2.1(1), C403.10.2.1(2) and C403.10.2.1(3).
Site-assembled or site-constructed refrigerated display
cases shall comply with the following:
1. Lighting and glass doors in refrigerated display
cases shall be controlled by one of the following:
1.1. Time-switch controls to turn off lights
during nonbusiness hours. Timed overrides
for display cases shall turn the lights on for
up to 1 hour and shall automatically time out
to turn the lights off.
1.2. Motion sensor controls on each display case
section that reduce lighting power by not
less than 50 percent within 3 minutes after
the area within the sensor range is vacated.
2. Low-temperature display cases shall incorporate
temperature-based defrost termination control with a
time-limit default. The defrost cycle shall terminate
first on an upper temperature limit breach and sec-
ond upon a time limit breach.
3. Antisweat heater controls shall reduce the energy
use of the antisweat heater as a function of the rela-
tive humidity in the air outside the door or to the
condensation on the inner glass pane.
Refrigerated display
cases, walk-in coolers or walk-in freezers that are served
by remote compressors and remote condensers not located
in a condensing unit, shall comply with Sections
C403.10.4.1 and C403.10.4.2.
Systems where the working fluid in the
refrigeration cycle goes through both subcritical and
super-critical states (transcritical) or that use ammonia
refrigerant are exempt.
a. V = volume of the chiller or frozen compartment as defined in AHAM-HRF-1.
Refrigerator with solid doors
Holding Temperature
0.10 × V + 2.04
AHRI 1200
Refrigerator with transparent doors 0.12 × V + 3.34
Freezers with solid doors 0.40 × V + 1.38
Freezers with transparent doors 0.75 × V + 4.10
Refrigerators/freezers with solid doors the greater of 0.12 × V + 3.34 or 0.70
Commercial refrigerators Pulldown 0.126 × V + 3.51
(continued)
VOP.RC.M Vertical open Remote condensing Medium 0.82 × TDA + 4.07
AHRI 1200
SVO.RC.M Semivertical open Remote condensing Medium 0.83 × TDA + 3.18
HZO.RC.M Horizontal open Remote condensing Medium 0.35 × TDA + 2.88
VOP.RC.L Vertical open Remote condensing Low 2.27 × TDA + 6.85
HZO.RC.L Horizontal open Remote condensing Low 0.57 × TDA + 6.88
VCT.RC.M Vertical
transparent door Remote condensing Medium 0.22 × TDA + 1.95
VCT.RC.L Vertical
transparent door Remote condensing Low 0.56 × TDA + 2.61
SOC.RC.M Service
over counter Remote condensing Medium 0.51 × TDA + 0.11
VOP.SC.M Vertical open Self-contained Medium 1.74 × TDA + 4.71
SVO.SC.M Semivertical open Self-contained Medium 1.73 × TDA + 4.59
HZO.SC.M Horizontal open Self-contained Medium 0.77 × TDA + 5.55
HZO.SC.L Horizontal open Self-contained Low 1.92 × TDA + 7.08
VCT.SC.I Vertical
transparent door Self-contained Ice cream 0.67 × TDA + 3.29
VCS.SC.I Vertical solid door Self-contained Ice cream 0.38 × V + 0.88
HCT.SC.I Horizontal
transparent door Self-contained Ice cream 0.56 × TDA + 0.43
SVO.RC.L Semivertical open Remote condensing Low 2.27 × TDA + 6.85
VOP.RC.I Vertical open Remote condensing Ice cream 2.89 × TDA + 8.7
SVO.RC.I Semivertical open Remote condensing Ice cream 2.89 × TDA + 8.7
HZO.RC.I Horizontal open Remote condensing Ice cream 0.72 × TDA + 8.74
VCT.RC.I Vertical transparent
door Remote condensing Ice cream 0.66 × TDA + 3.05
HCT.RC.M Horizontal
transparent door Remote condensing Medium 0.16 × TDA + 0.13
a. V = Volume of the case, as measured in accordance with Appendix C of AHRI 1200.
b. TDA = Total display area of the case, as measured in accordance with Appendix D of AHRI 1200.
c. Equipment class designations consist of a combination [in sequential order separated by periods (AAA).(BB).(C)] of:
(AAA) An equipment family code where:
VOP = vertical open
SVO = semivertical open
HZO = horizontal open
HCT = horizontal transparent doors
HCS = horizontal solid doors
SOC = service over counter
(BB) An operating mode code:
RC = remote condensing
SC = self-contained
(C) A rating temperature code:
M = medium temperature (38°F)
L = low temperature (0°F)
I = ice-cream temperature (15°F)
For example, “VOP.RC.M” refers to the “vertical-open, remote-condensing, medium-temperature” equipment class.
HCT.RC.L Horizontal
transparent door Remote condensing Low 0.34 × TDA + 0.26
AHRI 1200
HCT.RC.I Horizontal
transparent door Remote condensing Ice cream 0.4 × TDA + 0.31
VCS.RC.M Vertical solid door Remote condensing Medium 0.11 × V + 0.26
VCS.RC.L Vertical solid door Remote condensing Low 0.23 × V + 0.54
VCS.RC.I Vertical solid door Remote condensing Ice cream 0.27 × V + 0.63
HCS.RC.M Horizontal
solid door Remote condensing Medium 0.11 × V + 0.26
HCS.RC.L Horizontal
solid door Remote condensing Low 0.23 × V + 0.54
HCS.RC.I Horizontal
solid door Remote condensing Ice cream 0.27 × V + 0.63
HCS.RC.I Horizontal
solid door Remote condensing Ice cream 0.27 × V + 0.63
SOC.RC.L Service
over counter Remote condensing Low 1.08 × TDA + 0.22
SOC.RC.I Service
over counter Remote condensing Ice cream 1.26 × TDA + 0.26
VOP.SC.L Vertical open Self-contained Low 4.37 × TDA + 11.82
VOP.SC.I Vertical open Self-contained Ice cream 5.55 × TDA + 15.02
SVO.SC.L Semivertical open Self-contained Low 4.34 × TDA + 11.51
SVO.SC.I Semivertical open Self-contained Ice cream 5.52 × TDA + 14.63
HZO.SC.I Horizontal open Self-contained Ice cream 2.44 × TDA + 9.0
SOC.SC.I Service over counter Self-contained Ice cream 1.76 × TDA + 0.36
HCS.SC.I Horizontal solid door Self-contained Ice cream 0.38 × V + 0.88
Fan-powered condensers shall comply with the
following:
1. The design saturated condensing temperatures
for air-cooled condensers shall not exceed the
design dry-bulb temperature plus 10°F (5.6°C)
for low-temperature refrigeration systems, and
the design dry- bulb temperature plus 15°F (8°C)
for medium temperature refrigeration systems
where the saturated condensing temperature for
blend refrigerants shall be determined using the
average of liquid and vapor temperatures as con-
verted from the condenser drain pressure.
2. Condenser fan motors that are less than 1 hp
(0.75 kW) shall use electronically commutated
motors, permanent split-capacitor-type motors or
3-phase motors.
3. Condenser fans for air-cooled condensers, evapo-
ratively cooled condensers, air- or water-cooled
fluid coolers or cooling towers shall reduce fan
motor demand to not more than 30 percent of
design wattage at 50 percent of design air vol-
ume, and incorporate one of the following contin-
uous variable speed fan control approaches:
3.1. Refrigeration system condenser control
for air-cooled condensers shall use vari-
able setpoint control logic to reset the
condensing temperature setpoint in
response to ambient dry-bulb tempera-
ture.
3.2. Refrigeration system condenser control
for evaporatively cooled condensers shall
use variable setpoint control logic to reset
the condensing temperature setpoint in
response to ambient wet-bulb tempera-
ture.
4. Multiple fan condensers shall be controlled in
unison.
5. The minimum condensing temperature setpoint
shall be not greater than 70˚F (21˚C).
Refrigeration com-
pressor systems shall comply with the following:
1. Compressors and multiple-compressor system
suction groups shall include control systems that
use floating suction pressure control logic to reset
the target suction pressure temperature based on
the temperature requirements of the attached
refrigeration display cases or walk-ins.
Controls are not required for the
following:
1. Single-compressor systems that do not
have variable capacity capability.
2. Suction groups that have a design
saturated suction temperature of 30˚F (-
1.1˚C) or higher, suction groups that
comprise the high stage of a two-stage or
cascade system, or suction groups that
primarily serve chillers for secondary
cooling fluids.
a. Add is the surface area of the display door.
a. And is the surface area of the nondisplay door.
Display door, medium temperature DD, M 0.04 × Add + 0.41
Display door, low temperature DD, L 0.15 × Add + 0.29
Passage door, medium temperature PD, M 0.05 × And + 1.7
Passage door, low temperature PD, L 0.14 × And + 4.8
Freight door, medium temperature FD, M 0.04 × And + 1.9
Freight door, low temperature FD, L 0.12 × And + 5.6
Dedicated condensing, medium temperature, indoor system DC.M.I 5.61
Dedicated condensing, medium temperature, indoor system,
> 9,000 Btu/h capacity
DC.M.I,
> 9,000 5.61
Dedicated condensing, medium temperature, outdoor system DC.M.I 7.60
Dedicated condensing, medium temperature, outdoor system,
> 9,000 Btu/h capacity
DC.M.I,
> 9,000 7.60
2. Liquid subcooling shall be provided for all low-
temperature compressor systems with a design
cooling capacity equal to or greater than 100,000
Btu/h (29.3 kW) with a design-saturated suction
temperature of -10˚F (-23˚C) or lower. The sub-
cooled liquid temperature shall be controlled at a
maximum temperature setpoint of 50˚F (10˚C) at
the exit of the subcooler using either compressor
economizer (interstage) ports or a separate com-
pressor suction group operating at a saturated
suction temperature of 18˚F (-7.8˚C) or higher.
2.1. Insulation for liquid lines with a fluid oper-
ating temperature less than 60˚F (15.6˚C)
shall comply with Table C403.11.3.
3. Compressors that incorporate internal or external
crankcase heaters shall provide a means to cycle
the heaters off during compressor operation.
Ducts, plenums, piping and other elements that are part
of an HVAC system shall be constructed and insulated in
accordance with Sections C403.11.1 through C403.11.3.1.
Supply and return air ducts and plenums
shall be insulated with not less than R-6 insulation where
located in unconditioned spaces and where located outside
the building with not less than R-12 insulation. Where
located within a building envelope assembly, the duct or
plenum shall be separated from the building exterior or
unconditioned or exempt spaces by not less than R-12
insulation.
1. Where located within equipment.
2. Where the design temperature difference between
the interior and exterior of the duct or plenum is
not greater than 15°F (8°C).
Ducts, air handlers and filter boxes shall be sealed.
Joints and seams shall comply with Section 603.9 of the
International Mechanical Code.
Ductwork
shall be constructed and erected in accordance with the
International Mechanical Code.
Longitudinal and transverse joints, seams and
connections of supply and return ducts operating at a
static pressure less than or equal to 2 inches water
gauge (w.g.) (498 Pa) shall be securely fastened and
sealed with welds, gaskets, mastics (adhesives), mas-
tic-plus-embedded-fabric systems or tapes installed in
accordance with the manufacturer’s instructions. Pres-
sure classifications specific to the duct system shall be
clearly indicated on the construction documents in
accordance with the International Mechanical Code.
Locking-type longitudinal joints and
seams, other than the snap-lock and button-lock
types, need not be sealed as specified in this section.
Ducts and plenums designed to operate at a static
pressure greater than 2 inches water gauge (w.g.) (498
Pa) but less than 3 inches w.g. (747 Pa) shall be insulated
and sealed in accordance with Section C403.11.1. Pres-
sure classifications specific to the duct system shall be
clearly indicated on the construction documents in
accordance with the International Mechanical Code.
Ducts and plenums designed to operate at static
pressures equal to or greater than 3 inches water gauge
(747 Pa) shall be insulated and sealed in accordance
with Section C403.11.1. In addition, ducts and plenums
shall be leak tested in accordance with the SMACNA
HVAC Air Duct Leakage Test Manual and shown to
have a rate of air leakage (CL) less than or equal to 4.0
as determined in accordance with Equation 4-7.
CL = F/P0.65
where:
F = The measured leakage rate in cfm per 100 square
feet of duct surface.
P = The static pressure of the test.
Documentation shall be furnished by the designer
demonstrating that representative sections totaling not
less than 25 percent of the duct area have been tested
and that all tested sections comply with the require-
ments of this section.
Piping serv-
ing as part of a heating or cooling system shall be ther-
mally insulated in accordance with Table C403.11.3.
1. Factory-installed piping within HVAC equip-
ment tested and rated in accordance with a test
procedure referenced by this code.
2. Factory-installed piping within room fan-coils
and unit ventilators tested and rated according to
AHRI 440 (except that the sampling and varia-
tion provisions of Section 6.5 shall not apply) and
AHRI 840, respectively.
3. Piping that conveys fluids that have a design
operating temperature range between 60°F
(15°C) and 105°F (41°C).
4. Piping that conveys fluids that have not been
heated or cooled through the use of fossil fuels or
electric power.
5. Strainers, control valves, and balancing valves
associated with piping 1 inch (25 mm) or less in
diameter.
6. Direct buried piping that conveys fluids at or
below 60°F (15°C).
Piping insulation exposed to the weather shall be
protected from damage, including that caused by sun-
light, moisture, equipment maintenance and wind, and
shall provide shielding from solar radiation that can
cause degradation of the material. Adhesive tape shall
not be permitted.
Mechanical systems
providing heat outside of the thermal envelope of a building
shall comply with Sections C403.12.1 through C403.12.3.
Systems installed
to provide heat outside a building shall be radiant systems.
Such heating systems shall be controlled by an occu-
pancy sensing device or a timer switch, so that the system
is automatically de-energized when occupants are not
present.
Snow-
and ice-melting systems shall include automatic controls
configured to shut off the system when the pavement tem-
perature is above 50°F (10°C) and precipitation is not fall-
ing, and an automatic or manual control that is configured to
shut off when the outdoor temperature is above 40°F (4°C).
Freeze
protection systems, such as heat tracing of outdoor piping
and heat exchangers, including self-regulating heat trac-
ing, shall include automatic controls configured to shut off
the systems when outdoor air temperatures are above 40°F
(4°C) or when the conditions of the protected fluid will
prevent freezing.
This section covers the minimum efficiency
of, and controls for, service water-heating equipment and
insulation of service hot water piping.
Water-heating equipment and hot water storage
tanks shall meet the requirements of Table C404.2. The effi-
ciency shall be verified through data furnished by the manu-
facturer of the equipment or through certification under an
approved certification program. Water-heating equipment
intended to be used to provide space heating shall meet the
applicable provisions of Table C404.2.
Gas-fired water-heating equipment installed in new build-
ings shall be in compliance with this section. Where a sin-
gular piece of water-heating equipment serves the entire
building and the input rating of the equipment is 1,000,000
Btu/h (293 kW) or greater, such equipment shall have a
thermal efficiency, Et, of not less than 92 percent. Where
multiple pieces of water-heating equipment serve the
building and the combined input rating of the water-heat-
ing equipment is 1,000,000 Btu/h (293 kW) or greater, the
combined input-capacity-weighted-average thermal effi-
ciency, Et, shall be not less than 90 percent.
1. Where not less than 25 percent of the annual ser-
vice water-heating requirement is provided by on-
site renewable energy or site-recovered energy,
the minimum thermal efficiency requirements of
this section shall not apply.
2. The input rating of water heaters installed in indi-
vidual dwelling units shall not be required to be
included in the total input rating of service water-
heating equipment for a building.
For SI: 1 inch = 25.4 mm, °C = [(°F) - 32]/1.8.
a. For piping smaller than 1
1/2 inches and located in partitions within conditioned spaces, reduction of these thicknesses by 1 inch shall be permitted (before
thickness adjustment required in footnote b) but not to a thickness less than 1 inch.
b. For insulation outside the stated conductivity range, the minimum thickness (T) shall be determined as follows:
T =r [(1 + t/r)K/k – 1]
where:
T = minimum insulation thickness,
r = actual outside radius of pipe,
t = insulation thickness listed in the table for applicable fluid temperature and pipe size,
K = conductivity of alternate material at mean rating temperature indicated for the applicable fluid temperature (Btu • in/h • ft
2 • °F) and
k = the upper value of the conductivity range listed in the table for the applicable fluid temperature.
c. For direct-buried heating and hot water system piping, reduction of these thicknesses by 11/2 inches (38 mm) shall be permitted (before thickness adjustment
required in footnote b but not to thicknesses less than 1 inch.
°°°<<<<≥
> 350 0.32 – 0.34 250 4.5 5.0 5.0 5.0 5.0
251 – 350 0.29 – 0.32 200 3.0 4.0 4.5 4.5 4.5
201 – 250 0.27 – 0.30 150 2.5 2.5 2.5 3.0 3.0
141 – 200 0.25 – 0.29 125 1.5 1.5 2.0 2.0 2.0
105 – 140 0.21 – 0.28 100 1.0 1.0 1.5 1.5 1.5
40 – 60 0.21 – 0.27 75 0.5 0.5 1.0 1.0 1.0
< 40 0.20 – 0.26 50 0.5 1.0 1.0 1.0 1.5
3. The input rating of water heaters with an input
rating of not greater than 100,000 Btu/h (29.3
kW) shall not be required to be included in the
total input rating of service water-heating equip-
ment for a building.
Storage
tank-type water heaters and hot water storage tanks that have
vertical water pipes connecting to the inlet and outlet of the
tank shall be provided with integral heat traps at those inlets
and outlets or shall have pipe-configured heat traps in the pip-
ing connected to those inlets and outlets. Tank inlets and out-
lets associated with solar water-heating system circulation
loops shall not be required to have heat traps.
Piping from a water heater to the
termination of the heated water fixture supply pipe shall be
insulated in accordance with Table C403.11.3. On both the
inlet and outlet piping of a storage water heater or heated water
storage tank, the piping to a heat trap or the first 8 feet (2438
mm) of piping, whichever is less, shall be insulated. Piping
that is heat traced shall be insulated in accordance with Table
C403.11.3 or the heat trace manufacturer’s instructions. Tubu-
lar pipe insulation shall be installed in accordance with the
insulation manufacturer’s instructions. Pipe insulation shall be
continuous except where the piping passes through a framing
member. The minimum insulation thickness requirements of
this section shall not supersede any greater insulation thick-
ness requirements necessary for the protection of piping from
freezing temperatures or the protection of personnel against
external surface temperatures on the insulation.
Tubular pipe insulation shall not be required
on the following:
1. The tubing from the connection at the termination of
the fixture supply piping to a plumbing fixture or
plumbing appliance.
2. Valves, pumps, strainers and threaded unions in pip-
ing that is 1 inch (25 mm) or less in nominal diameter.
3. Piping from user-controlled shower and bath mixing
valves to the water outlets.
4. Cold-water piping of a demand recirculation water
system.
5. Tubing from a hot drinking-water heating unit to the
water outlet.
6. Piping at locations where a vertical support of the
piping is installed.
7. Piping surrounded by building insulation with a
thermal resistance (R-value) of not less than R-3.
Heated water supply
piping shall be in accordance with Section C404.5.1 or
C404.5.2. The flow rate through 1/4-inch (6.4 mm) piping
shall be not greater than 0.5 gpm (1.9 L/m). The flow rate
through 5/16-inch (7.9 mm) piping shall be not greater than 1
gpm (3.8 L/m). The flow rate through 3/8-inch (9.5 mm) pip-
ing shall be not greater than 1.5 gpm (5.7 L/m).
The
maximum allowable piping length from the nearest source
of heated water to the termination of the fixture supply
pipe shall be in accordance with the following. Where the
piping contains more than one size of pipe, the largest size
of pipe within the piping shall be used for determining the
maximum allowable length of the piping in Table
C404.5.1.
1. For a public lavatory faucet, use the “Public lavatory
faucets” column in Table C404.5.1.
2. For all other plumbing fixtures and plumbing appli-
ances, use the “Other fixtures and appliances” col-
umn in Table C404.5.1.
The
water volume in the piping shall be calculated in accor-
dance with Section C404.5.2.1. Water heaters, circulating
water systems and heat trace temperature maintenance sys-
tems shall be considered to be sources of heated water.
The volume from the nearest source of heated water to
the termination of the fixture supply pipe shall be as follows:
1. For a public lavatory faucet: not more than 2 ounces
(0.06 L).
2. For other plumbing fixtures or plumbing appliances;
not more than 0.5 gallon (1.89 L).
The volume
shall be the sum of the internal volumes of pipe, fittings,
valves, meters and manifolds between the nearest source
of heated water and the termination of the fixture supply
pipe. The volume in the piping shall be determined from
the “Volume” column in Table C404.5.1. The volume
contained within fixture shutoff valves, within flexible
water supply connectors to a fixture fitting and within a
fixture fitting shall not be included in the water volume
determination. Where heated water is supplied by a
recirculating system or heat-traced piping, the volume
shall include the portion of the fitting on the branch pipe
that supplies water to the fixture.
Heated-water circulation systems shall be
in accordance with Section C404.6.1. Heat trace temperature
maintenance systems shall be in accordance with Section
C404.6.2. Controls for hot water storage shall be in accor-
dance with Section C404.6.3. Automatic controls, tempera-
ture sensors and pumps shall be in a location with access.
Manual controls shall be in a location with ready access.
Heated-water circulation
systems shall be provided with a circulation pump. The
system return pipe shall be a dedicated return pipe or a
cold water supply pipe. Gravity and thermo-syphon circu-
lation systems shall be prohibited. Controls for circulating
hot water system pumps shall start the pump based on the
identification of a demand for hot water within the occu-
pancy. The controls shall automatically turn off the pump
when the water in the circulation loop is at the desired
temperature and when there is not a demand for hot water.
(continued)
Water heaters, electric
≤ 12 kWd
Tabletope, ≥ 20 gallons and ≤ 120 gallons
Resistance ≥ 20 gallons
and ≤ 55 gallons
Grid-enabledf > 75 gallons
and ≤ 120 gallons
0.93 - 0.00132V, EF
0.960 - 0.0003V, EF
1.061 - 0.00168V, EF
DOE 10 CFR Part 430
> 12 kW Resistance (0.3 + 27/Vm), %/h ANSI Z21.10.3
≤ 24 amps and≤ 250 volts
Heat pump > 55 gallons
and ≤ 120 gallons 2.057 - 0.00113V, EF DOE 10 CFR Part 430
Storage water heaters, gas
≤ 75,000 Btu/h
≥ 20 gallons and ≤ 55 gallons
> 55 gallons and
≤ 100 gallons
0.675 - 0.0015V, EF
0.8012 - 0.00078V, EF
DOE 10 CFR Part 430
> 75,000 Btu/h and≤ 155,000 Btu/h < 4,000 Btu/h/gal 80% Et
ANSI Z21.10.3
> 155,000 Btu/h < 4,000 Btu/h/gal
80% Et
Instantaneous water heaters,
gas
> 50,000 Btu/h and
< 200,000 Btu/hc
≥ 4,000 Btu/h/gal
and < 2 gal 0.82 - 0.0019V, EF DOE 10 CFR Part 430
≥ 200,000 Btu/h ≥ 4,000 Btu/h/gal
and < 10 gal 80% Et
ANSI Z21.10.3
≥ 200,000 Btu/h ≥ 4,000 Btu/h/gal and≥ 10 gal
80% Et
Storage water heaters, oil
≤ 105,000 Btu/h ≥ 20 gal and≤ 50 gallons 0.68 - 0.0019V, EF DOE 10 CFR Part 430
≥ 105,000 Btu/h < 4,000 Btu/h/gal
80% Et ANSI Z21.10.3
Instantaneous water heaters,
oil
≤ 210,000 Btu/h ≥ 4,000 Btu/h/gal and
< 2 gal 0.59 - 0.0019V, EF DOE 10 CFR Part 430
> 210,000 Btu/h ≥ 4,000 Btu/h/gal and
< 10 gal 80% Et
ANSI Z21.10.3
> 210,000 Btu/h ≥ 4,000 Btu/h/gal and≥ 10 gal
78% Et
Hot water supply boilers,
gas and oil
≥ 300,000 Btu/h and
< 12,500,000 Btu/h
≥ 4,000 Btu/h/gal and
< 10 gal 80% Et
ANSI Z21.10.3Hot water supply boilers, gas ≥ 300,000 Btu/h and
< 12,500,000 Btu/h
≥ 4,000 Btu/h/gal and≥ 10 gal
80% Et
Hot water supply boilers, oil > 300,000 Btu/h and
< 12,500,000 Btu/h
> 4,000 Btu/h/gal and
> 10 gal
78% Et
Pool heaters, gas and oil All —82% Et ASHRAE 146
Q/800 110 V+()SL, Btu/h
Q/800 110 V+()SL, Btu/h
Q/800 110 V+()SL, Btu/h
Q/800 110 V+()SL, Btu/h
Q/800 110 V+()SL, Btu/h
Q/800 110 V+()SL, Btu/h
Q/800 110 V+()SL, Btu/h
Electric heat trace systems
shall comply with IEEE 515.1. Controls for such systems
shall be able to automatically adjust the energy input to the
heat tracing to maintain the desired water temperature in the
piping in accordance with the times when heated water is
used in the occupancy. Heat trace shall be arranged to be
turned off automatically when there is not a demand for hot
water.
The controls
on pumps that circulate water between a water heater and a
heated-water storage tank shall limit operation of the
For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m
2,°C = [(°F) - 32]/1.8, 1 British thermal unit per hour = 0.2931 W, 1 gallon = 3.785 L, 1 British thermal unit
per hour per gallon = 0.078 W/L.
a. Energy factor (EF) and thermal efficiency (Et) are minimum requirements. In the EF equation, V is the rated volume in gallons.
b. Standby loss (SL) is the maximum Btu/h based on a nominal 70°F temperature difference between stored water and ambient requirements. In the SL equation,
Q is the nameplate input rate in Btu/h. In the equations for electric water heaters, V is the rated volume in gallons and Vm is the measured volume in gallons.
In the SL equation for oil and gas water heaters and boilers, V is the rated volume in gallons.
c. Instantaneous water heaters with input rates below 200,000 Btu/h shall comply with these requirements where the water heater is designed to heat water to
temperatures 180°F or higher.
d. Electric water heaters with an input rating of 12 kW (40,950 Btu/h) or less that are designed to heat water to temperatures of 180°F or greater shall comply
with the requirements for electric water heaters that have an input rating greater than 12 kW (40,950 Btu/h).
e A tabletop water heater is a water heater that is enclosed in a rectangular cabinet with a flat top surface not more than 3 feet in height.
f. A grid-enabled water heater is an electric resistance water heater that meets all of the following:
1. Has a rated storage tank volume of more than 75 gallons.
2. Was manufactured on or after April 16, 2015.
3. Is equipped at the point of manufacture with an activation lock.
4. Bears a permanent label applied by the manufacturer that complies with all of the following:
4.1. Is made of material not adversely affected by water.
4.2. Is attached by means of nonwater-soluble adhesive.
4.3. Advises purchasers and end users of the intended and appropriate use of the product with the following notice printed in 16.5 point Arial Narrow
Bold font: “IMPORTANT INFORMATION: This water heater is intended only for use as part of an electric thermal storage or demand response
program. It will not provide adequate hot water unless enrolled in such a program and activated by your utility company or another program
operator. Confirm the availability of a program in your local area before purchasing or installing this product.”
Heat pump pool heaters All —4.0 COP AHRI 1160
Unfired storage tanks All —
Minimum insulation
requirement R-12.5
(h • ft2 • °F)/Btu
(none)
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 liquid ounce = 0.030 L, 1 gallon = 128 ounces.
1/4 0.33 6 50
5/16 0.5 4 50
3/8 0.75 3 50
1/2 1.5 2 43
5/8 2132
3/4 30.521
7/8 40.516
150.513
11/4 80.58
11/2 11 0.5 6
2 or larger 18 0.5 4
pump from heating cycle startup to not greater than 5 min-
utes after the end of the cycle.
Demand recircula-
tion water systems shall have controls that comply with both
of the following:
1. The controls shall start the pump upon receiving a signal
from the action of a user of a fixture or appliance, sens-
ing the presence of a user of a fixture or sensing the flow
of hot or tempered water to a fixture fitting or appliance.
2. The controls shall limit the temperature of the water enter-
ing the cold-water piping to not greater than 104°F
(40°C).
Drain water heat
recovery units shall comply with CSA B55.2. Potable water-
side pressure loss shall be less than 10 psi (69 kPa) at maxi-
mum design flow. For Group R occupancies, the efficiency of
drain water heat recovery unit efficiency shall be in accor-
dance with CSA B55.1.
The energy consumption of pools and perma-
nent spas shall be controlled by the requirements in Sections
C404.9.1 through C404.9.3.
The electric power to all heaters shall
be controlled by an on-off switch that is an integral part of
the heater, mounted on the exterior of the heater, or exter-
nal to and within 3 feet (914 mm) of the heater in a loca-
tion with ready access. Operation of such switch shall not
change the setting of the heater thermostat. Such switches
shall be in addition to a circuit breaker for the power to the
heater. Gas-fired heaters shall not be equipped with con-
tinuously burning ignition pilots.
Time switches or other control
methods that can automatically turn off and on heaters and
pump motors according to a preset schedule shall be
installed for heaters and pump motors. Heaters and pump
motors that have built-in time switches shall be in compli-
ance with this section.
1. Where public health standards require 24-hour
pump operation.
2. Pumps that operate solar- and waste-heat-recov-
ery pool heating systems.
Outdoor heated pools and outdoor per-
manent spas shall be provided with a vapor-retardant
cover or other approved vapor-retardant means.
Where more than 75 percent of the energy
for heating, computed over an operating season of not
fewer than 3 calendar months, is from site-recovered
energy such as from a heat pump or on-site renewable
energy system, covers or other vapor-retardant means
shall not be required.
The energy consumption of electric-powered portable
spas shall be controlled by the requirements of APSP 14.
This section covers lighting
system controls, the maximum lighting power for interior and
exterior applications and electrical energy consumption.
Not less than 90
percent of the luminaires in dwelling units shall be provided
by lamps with an efficacy of not less than 65 lm/W or shall
be luminaires with an efficacy of not less than 45 lm/W.
Lighting in accordance with Sections
C405.2.4 and C405.3.
Light-
ing installed in walk-in coolers, walk-in freezers, refriger-
ated warehouse coolers and refrigerated warehouse
freezers shall comply with the lighting requirements of
Section C403.10.1 or C403.10.2.
Lighting systems
shall be provided with controls that comply with one of the
following.
1. Lighting controls as specified in Sections C405.2.1
through C405.2.6.
2. Luminaire level lighting controls (LLLC) and lighting
controls as specified in Sections C405.2.1, C405.2.4
and C405.2.5. The LLLC luminaire shall be inde-
pendently capable of:
2.1. Monitoring occupant activity to brighten or dim
lighting when occupied or unoccupied, respec-
tively.
2.2. Monitoring ambient light, both electric light
and daylight, and brighten or dim artificial light
to maintain desired light level.
2.3. For each control strategy, configuration and
reconfiguration of performance parameters
including; bright and dim setpoints, timeouts,
dimming fade rates, sensor sensitivity adjust-
ments, and wireless zoning configurations.
Lighting controls are not required for the fol-
lowing:
1. Areas designated as security or emergency areas that
are required to be continuously lighted.
2. Interior exit stairways, interior exit ramps and exit
passageways.
3. Emergency egress lighting that is normally off.
Occupant sensor
controls shall be installed to control lights in the following
space types:
1. Classrooms/lecture/training rooms.
2. Conference/meeting/multipurpose rooms.
3. Copy/print rooms.
4. Lounges/breakrooms.
5. Enclosed offices.
6. Open plan office areas.
7. Restrooms.
8. Storage rooms.
9. Locker rooms.
10. Other spaces 300 square feet (28 m
2) or less that
are enclosed by floor-to-ceiling height partitions.
11. Warehouse storage areas.
Occu-
pant sensor controls in warehouses shall comply with
Section C405.2.1.2. Occupant sensor controls in open
plan office areas shall comply with Section C405.2.1.3.
Occupant sensor controls for all other spaces specified
in Section C405.2.1 shall comply with the following:
1. They shall automatically turn off lights within 20
minutes after all occupants have left the space.
2. They shall be manual on or controlled to auto-
matically turn on the lighting to not more than 50-
percent power.
Full automatic-on controls shall be
permitted to control lighting in public corridors,
stairways, restrooms, primary building entrance
areas and lobbies, and areas where manual-on
operation would endanger the safety or security
of the room or building occupants.
3. They shall incorporate a manual control to allow
occupants to turn off lights.
In warehouses, the lighting in aisleways
and open areas shall be controlled with occupant sen-
sors that automatically reduce lighting power by not
less than 50 percent when the areas are unoccupied.
The occupant sensors shall control lighting in each
aisleway independently and shall not control lighting
beyond the aisleway being controlled by the sensor.
Occupant sensor controls in open
plan office spaces less than 300 square feet (28 m2) in
area shall comply with Section C405.2.1.1. Occupant
sensor controls in all other open plan office spaces shall
comply with all of the following:
1. The controls shall be configured so that general
lighting can be controlled separately in control
zones with floor areas not greater than 600 square
feet (55 m2) within the open plan office space.
2. The controls shall automatically turn off general
lighting in all control zones within 20 minutes after
all occupants have left the open plan office space.
3. The controls shall be configured so that general
lighting power in each control zone is reduced by
not less than 80 percent of the full zone general
lighting power in a reasonably uniform illumina-
tion pattern within 20 minutes of all occupants
leaving that control zone. Control functions that
switch control zone lights completely off when
the zone is vacant meet this requirement.
4. The controls shall be configured such that any
daylight responsive control will activate open
plan office space general lighting or control zone
general lighting only when occupancy for the
same area is detected.
Each area of the building
that is not provided with occupant sensor controls com-
plying with Section C405.2.1.1 shall be provided with
time-switch controls complying with Section C405.2.2.1.
Where a manual control provides light
reduction in accordance with Section C405.2.2.2, time-
switch controls shall not be required for the following:
1. Spaces where patient care is directly provided.
2. Spaces where an automatic shutoff would endan-
ger occupant safety or security.
3. Lighting intended for continuous operation.
4. Shop and laboratory classrooms.
Each space
provided with time-switch controls shall be provided
with a manual control for light reduction in accordance
with Section C405.2.2.2. Time-switch controls shall
include an override switching device that complies with
the following:
1. Have a minimum 7-day clock.
2. Be capable of being set for seven different day
types per week.
3. Incorporate an automatic holiday “shutoff” fea-
ture, which turns off all controlled lighting loads
for not fewer than 24 hours and then resumes nor-
mally scheduled operations.
4. Have program backup capabilities, which prevent
the loss of program and time settings for not
fewer than 10 hours, if power is interrupted.
5. Include an override switch that complies with the
following:
5.1. The override switch shall be a manual
control.
5.2. The override switch, when initiated, shall
permit the controlled lighting to remain on
for not more than 2 hours.
5.3. Any individual override switch shall con-
trol the lighting for an area not larger than
5,000 square feet (465 m2).
1. Within mall concourses, auditoriums, sales
areas, manufacturing facilities and sports arenas:
1.1. The time limit shall be permitted to be
greater than 2 hours, provided that the
switch is a captive key device.
1.2. The area controlled by the override
switch shall not be limited to 5,000
square feet (465 m2) provided that such
area is less than 20,000 square feet
(1860 m2).
2. Where provided with manual control, the fol-
lowing areas are not required to have light
reduction control:
2.1. Spaces that have only one luminaire
with a rated power of less than 100 watts.
2.2. Spaces that use less than 0.6 watts per
square foot (6.5 W/m2).
2.3. Corridors, lobbies, electrical rooms
and or mechanical rooms.
Spaces required
to have light-reduction controls shall have a manual
control that allows the occupant to reduce the con-
nected lighting load in a reasonably uniform illumina-
tion pattern by not less than 50 percent. Lighting
reduction shall be achieved by one of the following or
another approved method:
1. Controlling all lamps or luminaires.
2. Dual switching of alternate rows of luminaires,
alternate luminaires or alternate lamps.
3. Switching the middle lamp luminaires inde-
pendently of the outer lamps.
4. Switching each luminaire or each lamp.
Light reduction controls are not required
in daylight zones with daylight responsive controls
complying with Section C405.2.3.
Daylight-respon-
sive controls complying with Section C405.2.3.1 shall be
provided to control the electric lights within daylight zones
in the following spaces:
1. Spaces with a total of more than 150 watts of general
lighting within sidelit zones complying with Section
C405.2.3.2 General lighting does not include light-
ing that is required to have specific application con-
trol in accordance with Section C405.2.4.
2. Spaces with a total of more than 150 watts of gen-
eral lighting within toplit zones complying with
Section C405.2.3.3.
Daylight responsive controls are not
required for the following:
1. Spaces in health care facilities where patient care
is directly provided.
2. Lighting that is required to have specific applica-
tion control in accordance with Section C405.2.4.
3. Sidelit zones on the first floor above grade in
Group A-2 and Group M occupancies.
4. New buildings where the total connected lighting
power calculated in accordance with Section
C405.3.1 is not greater than the adjusted interior
lighting power allowance (LPAadj) calculated in
accordance with Equation 4-8:
LPAadj = [LPAnorm × (1.0 - 0.4 × UDZFA /
TBFA)]
where:
LPAadj = Adjusted building interior lighting
power allowance in watts.
LPAnorm = Normal building lighting power
allowance in watts calculated in
accordance with Section
C405.3.2.
UDZFA = Uncontrolled daylight zone floor
area is the sum of all sidelit and
toplit zones, calculated in accor-
dance with Sections C405.2.3.2
and C405.2.3.3, that do not have
daylight responsive controls.
TBFA = Total building floor area is the
sum of all floor areas included in
the lighting power allowance
calculation in Section C405.3.2.
Where required, daylight-responsive controls shall be
provided within each space for control of lights in that
space and shall comply with all of the following:
1. Lights in toplit zones in accordance with Section
C405.2.3.3 shall be controlled independently of
lights in sidelit zones in accordance with Section
C405.2.3.2.
2.Daylight responsive controls within each space
shall be configured so that they can be calibrated
from within that space by authorized personnel.
3. Calibration mechanisms shall be in a location
with ready access.
4. Where located in offices, classrooms, laboratories
and library reading rooms, daylight responsive con-
trols shall dim lights continuously from full light
output to 15 percent of full light output or lower.
5.Daylight responsive controls shall be configured
to completely shut off all controlled lights.
6. Lights in sidelit zones in accordance with Section
C405.2.3.2 facing different cardinal orientations
[within 45 degrees (0.79 rad) of due north, east,
south, west] shall be controlled independently of
each other.
Up to 150 watts of lighting in each
space is permitted to be controlled together with
lighting in a daylight zone facing a different cardinal
orientation.
The sidelit zone is the floor
area adjacent to vertical fenestration that complies with
all of the following:
1. Where the fenestration is located in a wall, the
sidelit zone shall extend laterally to the nearest full-
height wall, or up to 1.0 times the height from the
floor to the top of the fenestration, and longitudi-
nally from the edge of the fenestration to the nearest
full-height wall, or up to 2 feet (610 mm), which-
ever is less, as indicated in Figure C405.2.3.2.
2. The area of the fenestration is not less than 24
square feet (2.23 m2).
3. The distance from the fenestration to any build-
ing or geological formation that would block
access to daylight is greater than the height from
the bottom of the fenestration to the top of the
building or geologic formation.
4. The visible transmittance of the fenestration is
not less than 0.20.
The toplit zone is the floor
area underneath a roof fenestration assembly that com-
plies with all of the following:
1. The toplit zone shall extend laterally and longitu-
dinally beyond the edge of the roof fenestration
assembly to the nearest obstruction that is taller
than 0.7 times the ceiling height, or up to 0.7
times the ceiling height, whichever is less, as
indicated in Figure C405.2.3.3(1).
2. Where the fenestration is located in a rooftop
monitor, the toplit zone shall extend laterally to
the nearest obstruction that is taller than 0.7 times
the ceiling height, or up to 1.0 times the height
from the floor to the bottom of the fenestration,
whichever is less, and longitudinally from the
edge of the fenestration to the nearest obstruction
that is taller than 0.7 times the ceiling height, or up
to 0.25 times the height from the floor to the bot-
tom of the fenestration, whichever is less, as indi-
cated in Figures C405.2.3.3(2) and C405.2.3.3(3).
3. Direct sunlight is not blocked from hitting the
roof fenestration assembly at the peak solar angle
on the summer solstice by buildings or geological
formations.
4. The product of the visible transmittance of the
roof fenestration assembly and the area of the
rough opening of the roof fenestration assembly
divided by the area of the toplit zone is not less
than 0.008.
Specific applica-
tion controls shall be provided for the following:
1. The following lighting shall be controlled by an
occupant sensor complying with Section C405.2.1.1
or a time-switch control complying with Section
C405.2.2.1. In addition, a manual control shall be
provided to control such lighting separately from the
general lighting in the space:
1.1. Display and accent.
1.2. Lighting in display cases.
1.3. Supplemental task lighting, including per-
manently installed under-shelf or under-cab-
inet lighting.
1.4. Lighting equipment that is for sale or
demonstration in lighting education.
2.Sleeping units shall have control devices or systems
that are configured to automatically switch off all
permanently installed luminaires and switched
receptacles within 20 minutes after all occupants
have left the unit.
1. Lighting and switched receptacles con-
trolled by card key controls.
2. Spaces where patient care is directly pro-
vided.
3. Permanently installed luminaires within dwelling
units shall be provided with controls complying with
Section C405.2.1.1 or C405.2.2.2.
4. Lighting for nonvisual applications, such as plant
growth and food warming, shall be controlled by a
time switch control complying with Section
C405.2.2.1 that is independent of the controls for
other lighting within the room or space.
Where required by this code,
manual controls for lights shall comply with the following:
1. They shall be in a location with ready access to
occupants.
2. They shall be located where the controlled lights are
visible, or shall identify the area served by the lights
and indicate their status.
Exterior lighting
systems shall be provided with controls that comply with
Sections C405.2.6.1 through C405.2.6.4. Decorative light-
ing systems shall comply with Sections C405.2.6.1,
C405.2.6.2 and C405.2.6.4.
1. Lighting for covered vehicle entrances and exits
from buildings and parking structures where
required for eye adaptation.
2. Lighting controlled from within dwelling units.
Lights shall be automati-
cally turned off when daylight is present and satisfies
the lighting needs.
Building
façade and landscape lighting shall automatically shut
off from not later than 1 hour after business closing to
not earlier than 1 hour before business opening.
Lighting that is not con-
trolled in accordance with Section C405.2.6.2 shall be
controlled so that the total wattage of such lighting is
automatically reduced by not less than 30 percent by
selectively switching off or dimming luminaires at one
of the following times:
1. From not later than midnight to not earlier than 6
a.m.
2. From not later than one hour after business clos-
ing to not earlier than one hour before business
opening.
3. During any time where activity has not been
detected for 15 minutes or more.
Time-switch controls for exterior lighting shall comply
with the following:
1. They shall have a clock capable of being pro-
grammed for not fewer than 7 days.
2. They shall be capable of being set for seven dif-
ferent day types per week.
3. They shall incorporate an automatic holiday set-
back feature.
4. They shall have program backup capabilities that
prevent the loss of program and time settings for
a period of not less than 10 hours in the event that
power is interrupted.
Lighting for
parking garages shall comply with the following:
1. Parking garage lighting shall have an automatic
time-switch shutoff in accordance with Section
C405.2.2.1.
2. Lighting power of each luminaire shall be automati-
cally reduced by not less than 60 percent when there
is no activity detected within a lighting zone for 20
minutes. Lighting zones for this requirement shall be
not greater than 3,600 square feet.
3. Where lighting for eye adaptation is provided at
covered vehicle entrances and exits from buildings
and parking structures, such lighting shall be sepa-
rately controlled by a device that automatically
reduces lighting power by at least 50 percent from
sunset to sunrise.
4. The power to luminaires within 30 feet of perimeter
wall openings or fenestration shall automatically
reduce in response to daylight by at least 50 percent.
1. Where the opening or fenestration-to-wall-ratio is
less than 40 percent as viewed from the interior
and encompases the vertical distance from the
driving surface to the lowest structural element.
2. Where the distance from the opening or fenestra-
tion to any exterior daylight blocking obstruction is
less than one-half the height from the bottom of the
opening or fenestration to the top of the obstruction.
3. Where openings are obstructed by permanent
screens or architectural elements restricting day-
light entering the interior space.
A building complies with this section where its total
connected interior lighting power calculated under Section
C405.3.1 is not greater than the interior lighting power allow-
ance calculated under Section C405.3.2.
The
total connected interior lighting power shall be deter-
mined in accordance with Equation 4-9.
TCLP = [LVL + BLL + LED + TRK + Other]
where:
TCLP = Total connected lighting power (watts).
LVL = For luminaires with lamps connected directly to
building power, such as line voltage lamps, the
rated wattage of the lamp.
BLL = For luminaires incorporating a ballast or
transformer, the rated input wattage of the ballast
or transformer when operating that lamp.
LED = For light-emitting diode luminaires with either
integral or remote drivers, the rated wattage of
the luminaire.
TRK = For lighting track, cable conductor, rail conductor,
and plug-in busway systems that allow the
addition and relocation of luminaires without
rewiring, the wattage shall be one of the following:
1. The specified wattage of the luminaires, but
not less than 8 W per linear foot (25 W/lin m).
2. The wattage limit of the permanent current-
limiting devices protecting the system.
3. The wattage limit of the transformer sup-
plying the system.
Other = The wattage of all other luminaires and lighting
sources not covered previously and associated
with interior lighting verified by data supplied
by the manufacturer or other approved sources.
The connected power associated with the following
lighting equipment and applications is not included in cal-
culating total connected lighting power.
1. Television broadcast lighting for playing areas in
sports arenas.
2. Emergency lighting automatically off during nor-
mal building operation.
3. Lighting in spaces specifically designed for use by
occupants with special lighting needs, including
those with visual impairment and other medical
and age-related issues.
4. Casino gaming areas.
5. Mirror lighting in dressing rooms.
6. Task lighting for medical and dental purposes that
is in addition to general lighting and controlled by
an independent control device.
7. Display lighting for exhibits in galleries, museums
and monuments that is in addition to general lighting
and controlled by an independent control device.
8. Lighting for theatrical purposes, including perfor-
mance, stage, film production and video production.
9. Lighting for photographic processes.
10. Lighting integral to equipment or instrumentation
and installed by the manufacturer.
11. Task lighting for plant growth or maintenance.
12. Advertising signage or directional signage.
13. Lighting for food warming.
14. Lighting equipment that is for sale.
15. Lighting demonstration equipment in lighting edu-
cation facilities.
16. Lighting approved because of safety consider-
ations.
17. Lighting in retail display windows, provided that
the display area is enclosed by ceiling-height parti-
tions.
18. Furniture-mounted supplemental task lighting that
is controlled by automatic shutoff.
19. Exit signs.
The total
interior lighting power allowance (watts) is determined
according to Table C405.3.2(1) using the Building Area
Method, or Table C405.3.2(2) using the Space-by-Space
Method, for all areas of the building covered in this permit.
For the Building
Area Method, the interior lighting power allowance is
the floor area for each building area type listed in Table
C405.3.2(1) times the value from Table C405.3.2(1) for
that area. For the purposes of this method, an “area”
shall be defined as all contiguous spaces that accommo-
date or are associated with a single building area type,
as listed in Table C405.3.2(1). Where this method is
used to calculate the total interior lighting power for an
entire building, each building area type shall be treated
as a separate area.
For the Space-
by-Space Method, the interior lighting power allow-
ance is determined by multiplying the floor area of each
space times the value for the space type in Table
C405.3.2(2) that most closely represents the proposed
use of the space, and then summing the lighting power
allowances for all spaces. Tradeoffs among spaces are
permitted.
a. Where sleeping units are excluded from lighting power calculations,
neither the area of the sleeping units nor the wattage of lighting in the
sleeping units is counted.
b. Where dwelling units are excluded from lighting power calculations,
neither the area of the dwelling units nor the wattage of lighting in the
dwelling units is counted.
c. Where dwelling units are excluded from lighting power calculations by
application of Section C405.1.1, neither the area of the dwelling units nor
the wattage of lighting in the dwelling units shall be counted. Where
dwelling units are included in the lighting power calculations, only the
area served by hardwired lighting shall be included.
Automotive facility 0.64
Convention center 0.64
Courthouse 0.74
Dining: bar lounge/leisure 0.69
Dining: cafeteria/fast food 0.66
Dining: family 0.61
Dormitorya, b 0.52
Exercise center 0.65
Fire stationa 0.50
Gymnasium 0.65
Health care clinic 0.68
Hospitala 0.86
Hotel/Motela, b 0.56
Library 0.70
Manufacturing facility 0.60
Motion picture theater 0.44
Multifamilyc 0.45
Museum 0.55
Office 0.64
Parking garage 0.12
Penitentiary 0.67
Performing arts theater 0.85
Police station 0.66
Post office 0.62
Religious building 0.67
Retail 0.84
School/university 0.65
Sports arena 0.75
Town hall 0.69
Transportation 0.51
Warehouse 0.41
Workshop 0.83
(continued)
Atrium
Less than 40 feet in height 0.48
Greater than 40 feet in height 0.60
Audience seating area
In an auditorium 0.61
In a convention center 0.65
In a gymnasium 0.23
In a motion picture theater 0.27
In a penitentiary 0.67
In a performing arts theater 1.16
In a religious building 0.72
In a sports arena 0.33
Otherwise 0.23
Banking activity area 0.61
Breakroom (See Lounge/breakroom)
Classroom/lecture hall/training room
In a penitentiary 0.89
Otherwise 0.71
Computer room 0.94
Conference/meeting/multipurpose room 0.93
Confinement cells 0.52
Copy/print room 0.50
Corridor
In a facility for the visually impaired (and
not used primarily by the staff)b 0.71
In a hospital 0.71
In a manufacturing facility 0.28
In a primary or secondary school (and
not used primarily by the staff)0.74
Otherwise 0.41
Courtroom 1.06
Dining area
In bar/lounge or leisure dining 0.62
In cafeteria or fast food dining 0.40
In a facility for the visually impaired (and
not used primarily by the staff)b 1.27
In family dining 0.54
In a penitentiary 0.42
Otherwise 0.43
Dwelling unit 0.43
Electrical/mechanical room 0.39
Emergency vehicle garage 0.41
(continued)
Food preparation area 0.92
Guestroomc, d 0.41
Laboratory
In or as a classroom 1.04
Otherwise 1.32
Laundry/washing area 0.43
Loading dock, interior 0.51
Lobby
For an elevator 0.52
In a facility for the visually impaired (and
not used primarily by the staff)b 1.69
In a hotel 0.51
In a motion picture theater 0.23
In a performing arts theater 0.82
Otherwise 0.9
Locker room 0.45
Lounge/breakroom
In a healthcare facility 0.42
Otherwise 0.44
Office
Enclosed 0.74
Open plan 0.61
Parking area, interior 0.11
Pharmacy area 1.23
Restroom
In a facility for the visually impaired (and
not used primarily by the staffb 0.81
Otherwise 0.63
Sales area 1.05
Seating area, general 0.23
Stairway (see Space containing stairway)
Stairwell 0.49
Storage room 0.43
Vehicular maintenance area 0.53
Workshop 1.09
Automotive (see Vehicular maintenance area)
Convention Center—exhibit space 0.61
Dormitory—living quartersc, d 0.46
Facility for the visually impairedb
In a chapel (and not used primarily by the
staff)0.70
In a recreation room (and not used primarily
by the staff)1.53
Fire Station—sleeping quartersc 0.19
Gymnasium/fitness center
In an exercise area 0.50
In a playing area 0.75
(continued)
Healthcare facility
In an exam/treatment room 1.16
In an imaging room 0.94
In a medical supply room 0.54
In a nursery 0.92
In a nurse’s station 0.75
In an operating room 1.87
In a patient roomc 0.45
In a physical therapy room 0.84
In a recovery room 0.89
Library
In a reading area 0.77
In the stacks 1.18
Manufacturing facility
In a detailed manufacturing area 0.80
In an equipment room 0.61
In an extra-high-bay area (greater than 50′
floor-to-ceiling height)0.73
In a high-bay area (25-50′ floor-to-ceiling
height)0.58
In a low-bay area (less than 25′ floor-to-
ceiling height)0.61
Museum
In a general exhibition area 0.31
In a restoration room 0.77
Performing arts theater—dressing room 0.35
Post office—sorting area 0.66
Religious buildings
In a fellowship hall 0.54
In a worship/pulpit/choir area 0.85
Retail facilities
In a dressing/fitting room 0.49
In a mall concourse 0.79
Sports arena—playing area
For a Class I facilitye 2.26
For a Class II facilityf 1.45
For a Class III facilityg 1.08
For a Class IV facilityh 0.72
Transportation facility
In a baggage/carousel area 0.45
In an airport concourse 0.31
At a terminal ticket counter 0.62
a. In cases where both a common space type and a building area specific
space type are listed, the building area specific space type shall apply
b. A ‘Facility for the Visually Impaired’ is a facility that is licensed or will be
licensed by local or state authorities for senior long-term care, adult
daycare, senior support or people with special visual needs.
c. Where sleeping units are excluded from lighting power calculations by
application of Section C405.1.1, neither the area of the sleeping units nor
the wattage of lighting in the sleeping units is counted. Where sleeping
units are included in the lighting power calculations, only the area served
by hardwired lighting shall be included.
d. Where dwelling units are excluded from lighting power calculations by
application of Section C405.1.1, neither the area of the dwelling units nor
the wattage of lighting in the dwelling units is counted. Where dwelling
units are included in the lighting power calculations, only the area served
by hardwired lighting shall be included.
e. Class I facilities consist of professional facilities; and semiprofessional,
collegiate, or club facilities with seating for 5,000 or more spectators.
f. Class II facilities consist of collegiate and semiprofessional facilities with
seating for fewer than 5,000 spectators; club facilities with seating for
between 2,000 and 5,000 spectators; and amateur league and high-school
facilities with seating for more than 2,000 spectators.
g. Class III facilities consist of club, amateur league and high-school
facilities with seating for 2,000 or fewer spectators.
h. Class IV facilities consist of elementary school and recreational facilities;
and amateur league and high-school facilities without provision for
spectators.
Warehouse—storage area
For medium to bulky, palletized items 0.35
For smaller, hand-carried items 0.69
Where using the Space-by-Space Method, an
increase in the interior lighting power allowance is
permitted for specific lighting functions. Additional
power shall be permitted only where the specified
lighting is installed and automatically controlled
separately from the general lighting, to be turned off
during nonbusiness hours. This additional power
shall be used only for the specified luminaires and
shall not be used for any other purpose. An increase
in the interior lighting power allowance is permitted
in the following cases:
1. For lighting equipment to be installed in sales
areas specifically to highlight merchandise,
the additional lighting power shall be deter-
mined in accordance with Equation 4-10.
Additional interior lighting power allowance =
1000 W + (Retail Area 1 × 0.45 W/ft2) +
(Retail Area 2 × 0.45W/ft2) + (Retail Area 3 ×
1.05 W/ft2) + (Retail Area 4 × 1.87 W/ft2)
For SI units:
Additional interior lighting power allowance =
1000 W + (Retail Area 1 × 4.8 W/m2) +
(Retail Area 2 × 4.84 W/m2) + (Retail Area 3
× 11 W/m2) + (Retail Area 4 × 20 W/m2)
where:
Retail Area 1 = The floor area for all
products not listed in Retail
Area 2, 3 or 4.
Retail Area 2 = The floor area used for the
sale of vehicles, sporting
goods and small electronics.
Retail Area 3 = The floor area used for the
sale of furniture, clothing,
cosmetics and artwork.
Retail Area 4 = The floor area used for the
sale of jewelry, crystal and
china.
Other merchandise categories
are permitted to be included in Retail Areas
2 through 4, provided that justification doc-
umenting the need for additional lighting
power based on visual inspection, contrast,
or other critical display is approved by the
code official.
2. For spaces in which lighting is specified to be
installed in addition to the general lighting for
the purpose of decorative appearance or for
highlighting art or exhibits, provided that the
additional lighting power shall be not more than
0.9 W/ft2 (9.7 W/m2) in lobbies and not more
than 0.75 W/ft2 (8.1 W/m2) in other spaces.
Not
less than 95 percent of the permanently installed luminaires
used for plant growth and maintenance shall have a photon
efficiency of not less than 1.6 µmol/J, rated in accordance
with ANSI/ASABE S640.
The total connected exterior lighting power calculated
in accordance with Section C405.4.1 shall be not greater than
the exterior lighting power allowance calculated in accor-
dance with Section C405.5.2.
The total exterior connected lighting
power shall be the total maximum rated wattage of all
lighting that is powered through the energy service for the
building.
Lighting used for the following applica-
tions shall not be included.
1. Lighting approved because of safety consider-
ations.
2. Emergency lighting automatically off during
normal business operation.
3. Exit signs.
4. Specialized signal, directional and marker light-
ing associated with transportation.
5. Advertising signage or directional signage.
6. Integral to equipment or instrumentation and
installed by its manufacturer.
7. Theatrical purposes, including performance,
stage, film production and video production.
8. Athletic playing areas.
9. Temporary lighting.
10. Industrial production, material handling, trans-
portation sites and associated storage areas.
11. Theme elements in theme/amusement parks.
12. Used to highlight features of art, public monu-
ments, and the national flag.
13. Lighting for water features and swimming
pools.
14. Lighting controlled from within dwelling units,
where the lighting complies with Section
R404.1.
The total
exterior lighting power allowance is the sum of the base
site allowance plus the individual allowances for areas that
are to be illuminated by lighting that is powered through
the energy service for the building. Lighting power allow-
ances are as specified in Table C405.5.2(2). The lighting
zone for the building exterior is determined in accordance
with Table C405.5.2(1) unless otherwise specified by the
code official.
Any
increase in the exterior lighting power allowance is lim-
ited to the specific lighting applications indicated in
Table C405.5.2(3). The additional power shall be used
only for the luminaires that are serving these applica-
tions and shall not be used for any other purpose.
Gas-fired lighting
appliances shall not be equipped with continuously burn-
ing pilot ignition systems.
Each
dwelling unit located in a Group R-2 building shall have a
separate electrical meter.
Low-voltage
dry-type distribution electric transformers shall meet the min-
imum efficiency requirements of Table C405.7 as tested and
rated in accordance with the test procedure listed in DOE 10
CFR 431. The efficiency shall be verified through certifica-
tion under an approved certification program or, where a cer-
tification program does not exist, the equipment efficiency
ratings shall be supported by data furnished by the trans-
former manufacturer.
The following transformers are exempt:
1. Transformers that meet the Energy Policy Act of
2005 exclusions based on the DOE 10 CFR 431
definition of special purpose applications.
2. Transformers that meet the Energy Policy Act of
2005 exclusions that are not to be used in general
purpose applications based on information pro-
vided in DOE 10 CFR 431.
3. Transformers that meet the Energy Policy Act of
2005 exclusions with multiple voltage taps where
the highest tap is not less than 20 percent more
than the lowest tap.
4. Drive transformers.
5. Rectifier transformers.
6. Auto-transformers.
7. Uninterruptible power system transformers.
8. Impedance transformers.
9. Regulating transformers.
10. Sealed and nonventilating transformers.
11. Machine tool transformers.
12. Welding transformers.
13. Grounding transformers.
14. Testing transformers.
Electric motors shall
meet the minimum efficiency requirements of Tables
C405.8(1) through C405.8(4) when tested and rated in accor-
dance with the DOE 10 CFR 431. The efficiency shall be ver-
ified through certification under an approved certification
program or, where a certification program does not exist, the
equipment efficiency ratings shall be supported by data fur-
nished by the motor manufacturer.
The standards in this section shall not apply to
the following exempt electric motors:
1. Air-over electric motors.
2. Component sets of an electric motor.
3. Liquid-cooled electric motors.
4. Submersible electric motors.
5. Inverter-only electric motors.
Vertical and horizontal transportation sys-
tems and equipment shall comply with this section.
For the luminaires in each eleva-
tor cab, not including signals and displays, the sum of the
lumens divided by the sum of the watts shall be not less
than 35 lumens per watt. Ventilation fans in elevators that
do not have their own air-conditioning system shall not
consume more than 0.33 watts/cfm at the maximum rated
speed of the fan. Controls shall be provided that will de-
energize ventilation fans and lighting systems when the
elevator is stopped, unoccupied and with its doors closed
for over 15 minutes.
Escalators and
moving walks shall comply with ASME A17.1/CSA B44
and shall have automatic controls configured to reduce
speed to the minimum permitted speed in accordance with
ASME A17.1/CSA B44 or applicable local code when not
conveying passengers.
A variable voltage drive system that reduces
operating voltage in response to light loading conditions
is an alternative to the reduced speed function.
An escalator designed
either for one-way down operation only or for reversible
operation shall have a variable frequency regenerative
drive that supplies electrical energy to the building electri-
cal system when the escalator is loaded with passengers
whose combined weight exceeds 750 pounds (340 kg).
The
total voltage drop across the combination of feeders and
branch circuits shall not exceed 5 percent.
1 Developed areas of national parks, state parks, forest
land, and rural areas
2
Areas predominantly consisting of residential zoning,
neighborhood business districts, light industrial with
limited nighttime use and residential mixed-use
areas
3 All other areas not classified as lighting zone 1, 2 or 4
4
High-activity commercial districts in major
metropolitan areas as designated by the local land
use planning authority
For SI: 1 foot = 304.8 mm, 1 watt per square foot = W/0.0929 m
2.
W = watts.
Base Site Allowance 350 W 400 W 500 W 900 W
Parking areas and drives 0.03W/ft2 0.04 W/ft2 0.06 W/ft2 0.08 W/ft2
Walkways and ramps less
than 10 feet wide 0.5 W/linear foot 0.5 W/linear foot 0.6 W/linear foot 0.7 W/linear foot
Walkways and ramps 10
feet wide or greater,
plaza areas, special
feature areas
0.10 W/ft2 0.10 W/ft2 0.11 W/ft2 0.14 W/ft2
Dining areas 0.65 W/ft2 0.65 W/ft2 0.75 W/ft2 0.95 W/ft2
Stairways 0.6 W/ft2 0.7 W/ft2 0.7 W/ft2 0.7 W/ft2
Pedestrian tunnels 0.12 W/ft2 0.12 W/ft2 0.14 W/ft2 0.21 W/ft2
Landscaping 0.03 W/ft2 0.04 W/ft2 0.04 W/ft2 0.04 W/ft2
Pedestrian and vehicular
entrances and exits
14 W/linear foot
of opening
14 W/linear foot
of opening
21 W/linear foot
of opening
21 W/linear foot
of opening
Entry canopies 0.20 W/ft
2 0.25 W/ft2 0.4 W/ft2 0.4 W/ft2
Loading docks 0.35 W/ft2 0.35 W/ft2 0.35 W/ft2 0.35 W/ft2
Free-standing and attached 0.40 W/ft
2 0.40 W/ft2 0.6 W/ft2 0.7 W/ft2
Open areas (including
vehicle sales lots)0.20 W/ft2 0.20 W/ft2 0.35 W/ft2 0.50 W/ft2
Street frontage for
vehicle sales lots in
addition to “open area”
allowance
No allowance 7 W/linear foot 7 W/linear foot 21 W/linear foot
For SI: 1 watt per square foot = W/0.0929 m
2.
W = watts.
Building façades No allowance 0.075 W/ft2 of gross
above-grade wall area
0.113 W/ft2 of gross
above-grade wall area
0.15 W/ft2 of gross
above-grade wall area
Automated teller machines (ATM) and
night depositories 135 W per location plus 45 W per additional ATM per location
Uncovered entrances and gatehouse
inspection stations at guarded facilities 0.5 W/ft2 of area
Uncovered loading areas for law
enforcement, fire, ambulance and other
emergency service vehicles
0.35 W/ft2 of area
Drive-up windows and doors 200 W per drive through
Parking near 24-hour retail entrances. 400 W per main entry
a. kiloVolt-Amp rating.
b. Nominal efficiencies shall be established in accordance with the DOE 10 CFR 431 test procedure for low-voltage dry-type transformers.
15 97.70 15 97.89
25 98.00 30 98.23
37.5 98.20 45 98.40
50 98.30 75 98.60
75 98.50 112.5 98.74
100 98.60 150 98.83
167 98.70 225 98.94
250 98.80 300 99.02
333 98.90 500 99.14
——750 99.23
——1000 99.28
a. Nominal efficiencies shall be established in accordance with DOE 10 CFR 431.
b. For purposes of determining the required minimum nominal full-load efficiency of an electric motor that has a horsepower or kilowatt rating between two
horsepower or two kilowatt ratings listed in this table, each such motor shall be deemed to have a listed horsepower or kilowatt rating, determined as follows:
1. A horsepower at or above the midpoint between the two consecutive horsepowers shall be rounded up to the higher of the two horsepowers.
2. A horsepower below the midpoint between the two consecutive horsepowers shall be rounded down to the lower of the two horsepowers.
3. A kilowatt rating shall be directly converted from kilowatts to horsepower using the formula: 1 kilowatt = (1/0.746) horsepower. The conversion should
be calculated to three significant decimal places, and the resulting horsepower shall be rounded in accordance with No. 1 or No. 2 above, as applicable.
1 (0.75)77.0 77.0 85.5 85.5 82.5 82.5 75.5 75.5
1.5 (1.1)84.0 84.0 86.5 86.5 87.5 86.5 78.5 77.0
2 (1.5)85.5 85.5 86.5 86.5 88.5 87.5 84.0 86.5
3 (2.2)86.5 85.5 89.5 89.5 89.5 88.5 85.5 87.5
5 (3.7)88.5 86.5 89.5 89.5 89.5 89.5 86.5 88.5
7.5 (5.5)89.5 88.5 91.7 91.0 91.0 90.2 86.5 89.5
10 (7.5)90.2 89.5 91.7 91.7 91.0 91.7 89.5 90.2
15 (11)91.0 90.2 92.4 93.0 91.7 91.7 89.5 90.2
20 (15)91.0 91.0 93.0 93.0 91.7 92.4 90.2 91.0
25 (18.5)91.7 91.7 93.6 93.6 93.0 93.0 90.2 91.0
30 (22)91.7 91.7 93.6 94.1 93.0 93.6 91.7 91.7
40 (30)92.4 92.4 94.1 94.1 94.1 94.1 91.7 91.7
50 (37)93.0 93.0 94.5 94.5 94.1 94.1 92.4 92.4
60 (45)93.6 93.6 95.0 95.0 94.5 94.5 92.4 93.0
75 (55)93.6 93.6 95.4 95.0 94.5 94.5 93.6 94.1
100 (75)94.1 93.6 95.4 95.4 95.0 95.0 93.6 94.1
125 (90)95.0 94.1 95.4 95.4 95.0 95.0 94.1 94.1
150 (110)95.0 94.1 95.8 95.8 95.8 95.4 94.1 94.1
200 (150)95.4 95.0 96.2 95.8 95.8 95.4 94.5 94.1
250 (186)95.8 95.0 96.2 95.8 95.8 95.8 95.0 95.0
300 (224)95.8 95.4 96.2 95.8 95.8 95.8
350 (261)95.8 95.4 96.2 95.8 95.8 95.8
400 (298)95.8 95.8 96.2 95.8
450 (336)95.8 96.2 96.2 96.2
500 (373)95.8 96.2 96.2 96.2
a. Nominal efficiencies shall be established in accordance with DOE 10 CFR 431.
b. For purposes of determining the required minimum nominal full-load efficiency of an electric motor that has a horsepower or kilowatt rating between two
horsepower or two kilowatt ratings listed in this table, each such motor shall be deemed to have a listed horsepower or kilowatt rating, determined as follows:
1. A horsepower at or above the midpoint between the two consecutive horsepowers shall be rounded up to the higher of the two horsepowers.
2. A horsepower below the midpoint between the two consecutive horsepowers shall be rounded down to the lower of the two horsepowers.
3. A kilowatt rating shall be directly converted from kilowatts to horsepower using the formula: 1 kilowatt = (1/0.746) horsepower. The conversion should
be calculated to three significant decimal places, and the resulting horsepower shall be rounded in accordance with No. 1 or No. 2 above, as applicable.
1 (0.75)85.5 85.5 82.5 82.5 75.5 75.5
1.5 (1.1)86.5 86.5 87.5 86.5 78.5 77.0
2 (1.5)86.5 86.5 88.5 87.5 84.0 86.5
3 (2.2)89.5 89.5 89.5 88.5 85.5 87.5
5 (3.7)89.5 89.5 89.5 89.5 86.5 88.5
7.5 (5.5)91.7 91.0 91.0 90.2 86.5 89.5
10 (7.5)91.7 91.7 91.0 91.7 89.5 90.2
15 (11)92.4 93.0 91.7 91.7 89.5 90.2
20 (15)93.0 93.0 91.7 92.4 90.2 91.0
25 (18.5)93.6 93.6 93.0 93.0 90.2 91.0
30 (22)93.6 94.1 93.0 93.6 91.7 91.7
40 (30)94.1 94.1 94.1 94.1 91.7 91.7
50 (37)94.5 94.5 94.1 94.1 92.4 92.4
60 (45)95.0 95.0 94.5 94.5 92.4 93.0
75 (55)95.4 95.0 94.5 94.5 93.6 94.1
100 (75)95.4 95.4 95.0 95.0 93.6 94.1
125 (90)95.4 95.4 95.0 95.0 94.1 94.1
150 (110)95.8 95.8 95.8 95.4 94.1 94.1
200 (150)96.2 95.8 95.8 95.4 94.5 94.1
a. Average full-load efficiencies shall be established in accordance with DOE 10 CFR 431.
0.25 65.6 69.5 67.5
0.33 69.5 73.4 71.4
0.50 73.4 78.2 75.3
0.75 76.8 81.1 81.7
1 77.0 83.5 82.5
1.5 84.0 86.5 83.8
2 85.5 86.5 N/A
3 85.5 86.9 N/A
The building shall be provided with electric vehicle (EV)
charging in accordance with this section and the National
Electrical Code (NFPA 70). Where parking spaces are added
or modified without an increase in building size, only the new
parking spaces are subject to this requirement. The number of
parking spaces can be determined by actual spaces provided or
consistent with Boulder’s Municipal Code, Title 9: Land Use
Code, Chapter 9: Development Standards, 9-9-6: Parking
Standards.
Group R occupancies
with three or more dwelling units and/or sleeping units
shall be provided with EV charging in accordance with
Table C405.11.1. Calculations for the number of spaces
shall be rounded up to the nearest whole number.
Group A, B, E, I, M and open or enclosed parking garages
under S-2 occupancy shall be provided with electric vehi-
cle charging in accordance with Table C405.11.2. Calcula-
tions for the number of spaces shall be rounded up to the
nearest whole number.
The number of electric vehicle supply
equipment (EVSE) installed spaces may be reduced by
up to five provided that the building includes not less
than one parking space equipped with an EV fast char-
ger and not less than one EV ready space.
Construction documents shall
designate all EV capable spaces, EV ready spaces and
EVSE installed spaces and indicate the locations of con-
duit and termination points serving them. The circuits or
spaces reserved for the circuits for EV capable spaces, EV
ready spaces and EVSE installed spaces shall be clearly
identified in the panel or subpanel directory. The conduit
for EV capable spaces shall be clearly identified at both
the panel or subpanel and the termination point at the
parking space.
Where new EVSE
installed spaces and/or new EV ready spaces and new
accessible parking, as defined by the City of Boulder
Building Code, Chapter 11, are both provided, parking
facilities shall be designed so that at least one accessible
parking space shall be EV ready or EVSE installed.
All newly constructed com-
mercial buildings shall comply with the requirements of Sec-
tions C406.2 through C406.5.
Solar zones shall be clearly indicated on
the construction documents.
The solar zone
shall have a minimum total area described as follows. The
1–25 spaces 1 None None
> 25 spaces 10% of
spaces
40% of
remaining
spaces
5% of spaces
(minimum
one dual port
charging station)
1 space 1 None None
2–25 spaces 1 1 None
> 25 spaces 10% of
spaces
10% of
remaining
spaces
5% of spaces
(minimum one
dual port
charging station)
a. Average full-load efficiencies shall be established in accordance with DOE 10 CFR 431.
0.25 66.6 68.5 62.2
0.33 70.5 72.4 66.6
0.50 72.4 76.2 76.2
0.75 76.2 81.8 80.2
1 80.4 82.6 81.1
1.5 81.5 83.8 N/A
2 82.9 84.5 N/A
3 84.1 N/A N/A
solar zone shall comply with access, pathway, smoke venti-
lation and spacing requirements as specified in the Boulder
Revised Code. The solar zone total area shall be comprised
of one or more rectangular areas that are not less than 80
square feet and no side of any rectangular area shall be less
than 5 feet in length. The solar zone shall be located on:
1. The roof or overhang of the building.
2. The roof or overhang of another structure located
within 250 feet of the building on the same parcel or lot.
3. Covered parking installed with the building project.
4. A façade of the building that is within 15 degrees of
true south.
The solar zone shall cover not less than 40 percent of the
total roof area, as measured by the area of the roof planes.
The following roof areas can be excluded when calculating
the total roof area of the building:
1. Roof areas with a permanently installed domestic
solar water-heating system.
2. Roof areas where the annual solar access is less than
70 percent. For the purpose of this code, solar access
means the ratio of solar insolation including shade to
the solar insolation without shade. Shading from
obstructions located on the roof or any other part of
the building shall not be included in the determina-
tion of annual solar access.
3. Roof areas with a permanently installed solar elec-
tric system having a nameplate DC power rating,
measured under standard test conditions, of not less
than 1 watt per square foot of roof area.
Solar zones are not required in build-
ings where the roof is designed and approved to
be used for vehicular traffic or parking or for a
heliport.
All sections of the solar zone
located on steep sloped roofs shall be oriented between 90
degrees and 270 degrees of true north.
1. No obstructions, including but not limited to, vents,
chimneys, architectural features and roof-mounted
equipment, shall be located in the solar zone.
2. Any obstruction located on the roof or any other part
of the building that projects above a solar zone shall
be located at least twice the distance, measured in
the horizontal plane, of the height difference
between the highest point of the obstruction and the
horizontal projection of the nearest point of the solar
zone, measured in the vertical plane.
Any roof obstruction, located on the
roof or any other part of the building, that is ori-
ented north of all points on the solar zone.
For areas of the roof designated as solar zone, the
structural design loads for roof dead load and roof live load
shall be clearly indicated on the construction documents.
The inclusion of any collateral loads for future
solar energy systems is not required.
The construction docu-
ments shall indicate a location for inverters and metering
equipment and a pathway for routing of conduit from the solar
zone to the point of interconnection with the electrical service.
A copy of the construction docu-
ments or a comparable document indicating the information
from Sections C406.2 and C406.3 shall be provided to and
maintained by the building owner. The building owner shall
provide a copy of the construction documents or a compara-
ble document indicating the information from Sections
C406.2 and C406.3 to any purchasers and subsequent owners
of the building or any part thereof.
1. The main electrical service panel shall have a minimum
bus bar rating of not less than 200 amps.
2. The main electrical service panel shall have a reserved
space to allow for the installation of double pole circuit
breakers for a future solar electric installation. The min-
imum reserved amperage shall be determined from
Table C406.5.
2.1. The reserved space shall be posi-
tioned at the opposite (load) end from the input
feeder location or main circuit location.
2.2. The reserved spaces shall be perma-
nently marked as “For Future Solar Electric.”
This section establishes criteria for compli-
ance using total building performance. Compliance with this
section requires the use of ASHRAE Standard 90.1-2016
Appendix G, with modifications. Required modifications to
this standard are summarized in this section.1 All end use load
components within and associated with the building shall be
modeled.
Energy used to recharge or refuel vehicles that
are used for on-road and off-site transportation purposes
shall be excluded from compliance modeling. Energy sup-
plied to vehicle charging equipment shall be submetered
per section C407.6.
120 0.125
240 0.063
208 0.042
277 0.054
480 0.018
1. A complete list of Boulder required modifications to
the Appendix G protocol can be found on the City of
Boulder Energy Conservation Code website in the
document “Boulder Modified Appendix G Protocol.”
Compliance with this
section requires compliance with all mandatory requirements
of this chapter.
Compliance based
on total building performance requires that the proposed
design be shown to have a predicted annual energy perfor-
mance that is 25 percent better than the predicted annual
energy performance of the standard reference design base-
line. Energy use for the proposed design shall also be
reported to the code official as energy use intensity (EUI) in
kBtu/sf/yr. The energy performance improvements beyond
the standard reference design shall be calculated in one of the
following three ways:
An annual energy use reduc-
tion of 25 percent compared to the energy use of a build-
ing modeled to achieve the performance cost index target
(PCIt) calculated using the standard reference design of
Appendix G of ASHRAE/IESNA Standard 90.1-2016
Energy Standard for Buildings Except for Low-rise Resi-
dential Buildings, as modified in Section C407.4.
Projects of the types
listed in Table C407.3.2 may use the EUI targets identified
in the table in lieu of baseline modeling. The proposed
building model predicted performance will be demon-
strated using the energy modeling procedures in Appendix
G of ASHRAE/IESNA Standard 90.1-2016 Energy Stan-
dard for Buildings Except for Low-rise Residential Build-
ings, as modified in Section C407.4. Buildings with
multiple occupancy types listed in Table C407.3.2 (only)
may develop a performance target based on a weighted-
average EUI calculated by floor area of each occupancy
type.
With
approval of the building official, projects may demonstrate
compliance with this code by proving that the building has
achieved the EUI performance calculated per C407.3.1 or
C407.3.2 based on metered energy use after occupancy.
Buildings following the measured performance outcome
path are required to comply with the mandatory measures
of this chapter.
Energy used for data
centers and EV charging equipment may be excluded
from the total EUI of the building, provided that this
energy use is separately metered per the requirements
of Section C407.6.
Metered energy data shall be reported to the building
official using Energy Star Portfolio Manager, and
adjusted for the percentage of floor area occupied.
While at least 75 percent occupied, the building shall
operate at or below its assigned energy use target estab-
lished in Section C407.3.2 for any recording period of
12 consecutive months that is completed within three
years of the date of the Certificate of Occupancy. The
owner shall notify the building official when this 12-
month period has been successfully completed.
The build-
ing official may approve adjustments to building EUI
targets based on unanticipated changes to building
operation and conditions. Adjustments to targets must
be approved by the building official based on specific
documentation of the need for adjustment. The follow-
ing conditions can be considered as the basis for adjust-
ments to EUI targets:
1. When
the occupancy of the building or a portion of the
building changes from that assumed in the permit
submittal, the assigned energy performance tar-
get shall be adjusted to reflect the new occu-
pancy. If the new occupancy is not listed in
Section C407.3.2, either the building official
shall assign it an energy use target based on the
best-performing local examples of that occu-
pancy type, or a metering system shall be pro-
vided that excludes the energy loads for the
additional occupancy.
2.If the
heating degree days (HDD) recorded by the
National Weather Service for the Denver Interna-
tional Airport exceeds the average HDD value
identified in local TMY3 data for the 12-month
demonstration period, the assigned energy per-
formance target is permitted to be increased by 1
percent for each 4-percent increase of HDD from
average HDD for that period.
3. Adjustments for
conditions other than those identified in this sec-
tion that represent reasonable and unanticipated
changes to building use characteristics may be
considered as a basis for target adjustment on a
case-by-case basis by the building official.
The applicant shall
provide a financial security to be used if the building
fails to achieve an operating energy use lower than the
building’s energy use target according to Section
C407.3.2. The financial security shall be submitted to
and approved by the code official prior to issuance of
the building permit. The financial security requirement
shall be fulfilled by an escrow of funds with the city for
an amount equal to $2.00 per square foot of gross floor
area. If the owner provides evidence that the building
has operated at or below its target energy performance
level, as provided in Section C407.3.3.2, the financial
security provided by the applicant shall be returned to
Medium office (5,000–50,000 sf)23
Mid-rise apartment (Type R2)32
Primary school 34
Small office (< 5000 sf)19
Secondary school 31
Warehouse 11
the applicant and the applicant will have no further
obligations under this section.
If the
owner fails to provide evidence that the building has
operated as required under Section C407.3.3.2, the
building official shall require the applicant to draw
down on the financial security of Section C407.3.3.4 to
lower the operating energy use of the building, includ-
ing recommissioning, repairs and improvements to the
existing energy-consuming systems, or provision of
additional energy efficiency measures to reduce the
building’s energy use. Such expenditures shall be
approved in advance by the building official, and the
work shall be fully completed within one year of the
date when a financial security has been drawn down.
Compliance with this
section requires the use of ASHRAE Standard 90.1-2016
Appendix G, with specific modifications adopted by the City
of Boulder. A complete list of these modifications can be
found in the document: “Boulder Modified Appendix G Pro-
tocol.” Required modifications to the Appendix G protocol
include the following:
Projects
must demonstrate that the proposed building design will
achieve a required PCI (PCIr) that is 25 percent less than
the PCI target (PCIt) calculated using the standard refer-
ence design of Appendix G of ASHRAE/IESNA Standard
90.1-2016 Energy Standard for Buildings Except for Low-
rise Residential Buildings, as calculated in Section 4.2.1.1
of that standard.
Projects using this standard must use the revised building
performance factors listed in Table C407.4.1.1 instead of
the BPFs listed in Table 4.2.1.1 of Standard 90.1.
Projects must report to the building official the pre-
dicted EUI associated with the proposed building
design that meets the required PCI (PCIr) identified in
Section C407.4.1.
All elements of the
building envelope and HVAC system must meet the pre-
scriptive requirements of ASHRAE Standard 90.1-2016,
Sections 5.5 and 6.8. No individual component tradeoffs
below these prescriptive requirements will be allowed in
the proposed building performance model. Exceptions to
the 40 percent window-to-wall area ratio can be made pro-
vided that the project can still meet the required building
energy performance requirements of Section C401.
All projects using the perfor-
mance pathway must use the mandatory building sched-
ules and equipment power density schedules provided in
the “Boulder Modified Appendix G Protocol” for both the
baseline and proposed building model. Mandatory sched-
ules are available on the City of Boulder Energy Conser-
vation Code website.
1. The code official may approve alternate sched-
ules prior to submittal to account for special use
conditions.
2. The code official may approve alternate sched-
ules for unregulated loads in the proposed build-
ing design that reflect plug and process load
management strategies.
The
following mandatory sections of Appendix G are super-
seded by the mandatory requirements listed in Section
C407.2: Sections 5.4, 6.4, 7.4, 8.4, 9.4 and 10.4.
On-site renewable energy gen-
erated by a system installed as part of this project that is used
by the building shall be subtracted from the proposed design
energy consumption prior to calculating the proposed build-
ing performance.
All projects
using the performance pathway must install an on-site
renewable energy system sized to meet at least 5 percent
of annual proposed design energy consumption.
All projects must also meet the
requirements of Section C406, Solar Readiness.
All projects must install sub-
metering or monitoring capabilities to support building
energy performance analysis. The project must include capa-
bilities to store and access a 24-month continuous data set on
an ongoing basis.
All fuel sources serv-
ing the building must be separately metered. Individual
meters used to comply with this section may not serve
multiple buildings.
Energy
production from on-site renewable energy systems must
be independently metered.
Measurement devices shall
be installed in new buildings to monitor the electric energy
use of each of the following separately:
1. Total electric energy.
2. HVAC systems energy use.
Office 0.56
Retail 0.58
School 0.43
Healthcare 0.55
Restaurant 0.62
Hotel 0.58
Warehouse 0.50
Apartment 0.78
All others 0.55
3. Interior lighting.
4. Exterior lighting.
5. Receptacle circuits.
6. Data centers representing over 10 percent of total
building load or 5 percent of building floor area.
7. Other process loads that represent 10 percent or
more of total building energy use based on building
energy use modeling.
EV
supply equipment must be metered independently from
other building loads.
For buildings with tenants,
individual tenant energy loads shall be capable of being
separately monitored.
Projects using the perfor-
mance path are required to submit an analysis comparing
design modeling to actual energy use for a consecutive 12-
month period within two years of project occupancy. This
analysis should use billing data and submetered data from the
building to identify the accuracy of the energy model and any
areas of performance divergence from predicted energy use.
All projects are required to provide a narrative summary
describing areas of alignment and misalignment of predictive
modeling with actual energy use patterns, including modeled
EUI and metered EUI. This effort may be designed to support
an ongoing commissioning or retro-commissioning process
required in Section 408.
This section covers the provision of main-
tenance information and the commissioning of, and the func-
tional testing requirements for, building systems.
The building operations and maintenance docu-
ments shall be provided to the owner and shall consist of
manufacturers’ information, specifications and recom-
mendations; programming procedures and data points; nar-
ratives; and other means of illustrating to the owner how the
building, equipment and systems are intended to be
installed, maintained and operated. Required regular main-
tenance actions for equipment and systems shall be clearly
stated on a readily visible label. The label shall include the
title or publication number for the operation and mainte-
nance manual for that particular model and type of product.
As part of the
operations manual, the project must provide a written
description of what metered data is collected, how meter-
ing data is collected and stored, and how the data can be
accessed for project analysis by the building operator.
Prior to the final mechanical and plumbing inspections, the
registered design professional or approved agency shall pro-
vide evidence of mechanical systems commissioning and
completion in accordance with the provisions of this section.
Construction document notes shall clearly indicate provi-
sions for commissioning and completion requirements in
accordance with this section and are permitted to refer to
specifications for further requirements. Copies of all docu-
mentation shall be given to the owner or owner’s authorized
agent and made available to the code official upon request in
accordance with Sections C408.2.4 and C408.2.5.
The following systems are exempt:
1. Mechanical systems and service water heater sys-
tems in buildings where the total mechanical equip-
ment capacity is less than 480,000 Btu/h (140.7 kW)
cooling capacity and 600,000 Btu/h (175.8 kW)
combined service water-heating and space-heating
capacity.
2. Systems included in Section C403.5 that serve indi-
vidual dwelling units and sleeping units.
A commissioning plan
shall be developed by a registered design professional or
approved agency and shall include the following items:
1. A narrative description of the activities that will be
accomplished during each phase of commissioning,
including the personnel intended to accomplish each
of the activities.
2.A listing of the specific equipment, appliances or
systems to be tested and a description of the tests to
be performed.
3. Functions to be tested including, but not limited to,
calibrations and economizer controls.
4. Conditions under which the test will be performed.
Testing shall affirm winter and summer design con-
ditions and full outside air conditions.
5. Measurable criteria for performance.
HVAC sys-
tems shall be balanced in accordance with generally
accepted engineering standards. Air and water flow rates
shall be measured and adjusted to deliver final flow rates
within the tolerances provided in the product specifica-
tions. Test and balance activities shall include air system
and hydronic system balancing.
Each supply air
outlet and zone terminal device shall be equipped with
means for air balancing in accordance with the require-
ments of Chapter 6 of the International Mechanical
Code. Discharge dampers used for air-system balancing
are prohibited on constant-volume fans and variable-
volume fans with motors 10 hp (18.6 kW) and larger.
Air systems shall be balanced in a manner to first mini-
mize throttling losses then, for fans with system power
of greater than 1 hp (0.746 kW), fan speed shall be
adjusted to meet design flow conditions.
Fans with fan motors of 1 hp (0.74 kW)
or less are not required to be provided with a means
for air balancing.
Individual
hydronic heating and cooling coils shall be equipped
with means for balancing and measuring flow.
Hydronic systems shall be proportionately balanced in
a manner to first minimize throttling losses, then the
pump impeller shall be trimmed or pump speed shall be
adjusted to meet design flow conditions. Each hydronic
system shall have either the capability to measure pres-
sure across the pump, or test ports at each side of each
pump.
The following equipment is not required
to be equipped with a means for balancing or mea-
suring flow:
1. Pumps with pump motors of 5 hp (3.7 kW) or
less.
2. Where throttling results in not greater than 5
percent of the nameplate horsepower draw
above that required if the impeller were
trimmed.
Functional
performance testing specified in Sections C408.2.3.1
through C408.2.3.3 shall be conducted.
Equipment functional perfor-
mance testing shall demonstrate the installation and
operation of components, systems, and system-to-sys-
tem interfacing relationships in accordance with
approved plans and specifications such that operation,
function, and maintenance serviceability for each of the
commissioned systems is confirmed. Testing shall
include all modes and sequence of operation, including
under full-load, part-load and the following emergency
conditions:
1. All modes as described in the sequence of opera-
tion.
2. Redundant or automatic back-up mode.
3. Performance of alarms.
4. Mode of operation upon a loss of power and res-
toration of power.
Unitary or packaged HVAC equipment
listed in Tables C403.3.2(1) through C403.3.2(3)
that do not require supply air economizers.
HVAC and service water-heating
control systems shall be tested to document that control
devices, components, equipment and systems are cali-
brated and adjusted and operate in accordance with
approved plans and specifications. Sequences of opera-
tion shall be functionally tested to document they oper-
ate in accordance with approved plans and
specifications.
Air economizers shall
undergo a functional test to determine that they operate
in accordance with manufacturer’s specifications.
A prelimi-
nary report of commissioning test procedures and results
shall be completed and certified by the registered design
professional or approved agency and provided to the
building owner or owner’s authorized agent. The report
shall be organized with mechanical and service hot water
findings in separate sections to allow independent review.
The report shall be identified as “Preliminary Commis-
sioning Report,” shall include the completed Commission-
ing Compliance Checklist, Figure C408.2.4, and shall
identify:
1. Itemization of deficiencies found during testing
required by this section that have not been corrected
at the time of report preparation.
2. Deferred tests that cannot be performed at the time
of report preparation because of climatic conditions.
3. Climatic conditions required for performance of the
deferred tests.
4. Results of functional performance tests.
5. Functional performance test procedures used during
the commissioning process, including measurable
criteria for test acceptance.
Buildings, or por-
tions thereof, shall not be considered as acceptable for a
final inspection pursuant to Section C105.2.6 until the
code official has received the Preliminary Commission-
ing Report from the building owner or owner’s autho-
rized agent.
The code official shall be
permitted to require that a copy of the Preliminary
Commissioning Report be made available for review
by the code official.
The construc-
tion documents shall specify that the documents described
in this section be provided to the building owner or
owner’s authorized agent within 90 days of the date of
receipt of the certificate of occupancy.
A written report
describing the activities and measurements completed
in accordance with Section C408.2.2.
A report of
test procedures and results identified as “Final Com-
missioning Report” shall be delivered to the building
owner or owner’s authorized agent. The report shall be
organized with mechanical system and service hot
water system findings in separate sections to allow
independent review. The report shall include the fol-
lowing:
1. Results of functional performance tests.
2. Disposition of deficiencies found during testing,
including details of corrective measures used or
proposed.
3. Functional performance test procedures used
during the commissioning process including mea-
surable criteria for test acceptance, provided herein
for repeatability.
Deferred tests that cannot be performed
at the time of report preparation due to climatic con-
ditions.
Automatic
lighting controls required by this code shall comply with this
section.
Prior to passing final
inspection, the registered design professional shall pro-
vide evidence that the lighting control systems have been
tested to ensure that control hardware and software are cal-
ibrated, adjusted, programmed and in proper working con-
dition in accordance with the construction documents and
manufacturer’s instructions. Functional testing shall be in
accordance with Sections C408.3.1.1 through C408.3.1.3
for the applicable control type.
Where occu-
pant sensor controls are provided, the following proce-
dures shall be performed:
1. Certify that the occupant sensor has been located
and aimed in accordance with manufacturer rec-
ommendations.
2. For projects with seven or fewer occupant sen-
sors, each sensor shall be tested.
3. For projects with more than seven occupant sen-
sors, testing shall be done for each unique combi-
nation of sensor type and space geometry. Where
multiples of each unique combination of sensor
type and space geometry are provided, not less
than 10 percent and in no case fewer than one, of
each combination shall be tested unless the code
official or design professional requires a higher
percentage to be tested. Where 30 percent or
more of the tested controls fail, all remaining
identical combinations shall be tested.
For occupant sensor controls to be tested, ver-
ify the following:
3.1. Where occupant sensor controls include
status indicators, verify correct operation.
3.2. The controlled lights turn off or down to
the permitted level within the required
time.
3.3. For auto-on occupant sensor controls, the
lights turn on to the permitted level when
an occupant enters the space.
3.4. For manual-on occupant sensor controls,
the lights turn on only when manually
activated.
3.5. The lights are not incorrectly turned on by
movement in adjacent areas or by HVAC
operation.
Where time-switch
controls are provided, the following procedures shall be
performed:
1. Confirm that the time-switch control is pro-
grammed with accurate weekday, weekend and
holiday schedules.
2. Provide documentation to the owner of time-
switch controls programming including weekday,
weekend, holiday schedules, and set-up and prefer-
ence program settings.
3. Verify the correct time and date in the time switch.
4. Verify that any battery back-up is installed and
energized.
5. Verify that the override time limit is set to not
more than 2 hours.
6. Simulate occupied condition. Verify and docu-
ment the following:
6.1. All lights can be turned on and off by their
respective area control switch.
6.2. The switch only operates lighting in the
enclosed space in which the switch is
located.
7. Simulate unoccupied condition. Verify and docu-
ment the following:
7.1. Nonexempt lighting turns off.
7.2. Manual override switch allows only the
lights in the enclosed space where the over-
ride switch is located to turn on or remain
on until the next scheduled shutoff
occurs.
8. Additional testing as specified by the registered
design professional.
Where day-
light responsive controls are provided, the following
shall be verified:
1. Control devices have been properly located, field
calibrated and set for accurate setpoints and
threshold light levels.
2. Daylight controlled lighting loads adjust to light
level setpoints in response to available daylight.
3. The calibration adjustment equipment is located
for ready access only by authorized personnel.
The construc-
tion documents shall specify that the documents described
in this section be provided to the building owner or
owner’s authorized agent within 90 days of the date of
receipt of the certificate of occupancy.
Construction documents shall
include the location and catalogue number of each
piece of equipment.
An operating and maintenance
manual shall be provided and include the following:
1. Name and address of not less than one service
agency for installed equipment.
2. A narrative of how each system is intended to
operate, including recommended setpoints.
3. Submittal data indicating all selected options for
each piece of lighting equipment and lighting
controls.
4. Operation and maintenance manuals for each
piece of lighting equipment. Required routine
maintenance actions, cleaning and recommended
relamping shall be clearly identified.
5. A schedule for inspecting and recalibrating all
lighting controls.
A report of test results shall be pro-
vided and include the following:
1. Results of functional performance tests.
2. Disposition of deficiencies found during testing,
including details of corrective measures used or
proposed.
Project Information: _____________________________ Project Name:___________________________________
Project Address: _________________________________________________________________________________
Commissioning Authority: __________________________________________________________________________
Commissioning Plan (Section C408.2.1)
Commissioning Plan was used during construction and includes all items required by Section C408.2.1
Systems Adjusting and Balancing has been completed.
HVAC Equipment Functional Testing has been executed. If applicable, deferred and follow-up testing is scheduled
to be provided on:___________________________
HVAC Controls Functional Testing has been executed. If applicable, deferred and follow-up testing is scheduled to
be provided on:___________________________
Economizer Functional Testing has been executed. If applicable, deferred and follow-up testing is scheduled to be
provided on:___________________________
Lighting Controls Functional Testing has been executed. If applicable, deferred and follow-up testing is scheduled
to be provided on:___________________________
Service Water-Heating System Functional Testing has been executed. If applicable, deferred and follow-up testing
is scheduled to be provided on:___________________________
Manual, record documents and training have been completed or scheduled
Preliminary Commissioning Report submitted to owner and includes all items required by Section C408.2.4
I hereby certify that the commissioning provider has provided me with evidence of mechanical, service water heating
and lighting systems commissioning in accordance with the 2018 IECC.
Signature of Building Owner or Owner’s Representative ___________________________ Date______________
User note:
About this chapter: Many buildings are renovated or altered in numerous ways that could affect the energy use of the building as a whole.
Chapter 5 requires the application of certain parts of Chapter 4 in order to maintain, if not improve, the conservation of energy by the reno-
vated or altered building.
The provisions of this chapter shall control
the alteration, repair, addition and change of occupancy of
existing buildings and structures.
Except as specified in this chap-
ter, this code shall not be used to require the removal, alter-
ation or abandonment of, nor prevent the continued use and
maintenance of, an existing building or building system law-
fully in existence at the time of adoption of this code.
Buildings and structures, and parts
thereof, shall be maintained in a safe and sanitary condition.
Devices and systems required by this code shall be main-
tained in conformance to the code edition under which they
were installed. The owner or the owner’s authorized agent
shall be responsible for the maintenance of buildings and
structures. The requirements of this chapter shall not provide
the basis for removal or abrogation of energy conservation,
fire protection and safety systems and devices in existing
structures.
Alterations, repairs, additions and
changes of occupancy to, or relocation of, existing buildings
and structures shall comply with the provisions for alter-
ations, repairs, additions and changes of occupancy or relo-
cation, respectively, in this code and in the International
Building Code, International Existing Building Code, Inter-
national Fire Code, International Fuel Gas Code, Interna-
tional Mechanical Code, International Plumbing Code,
International Property Maintenance Code, International Pri-
vate Sewage Disposal Code and NFPA 70.
Except as other-
wise required or permitted by this code, materials permitted
by the applicable code for new construction shall be used.
Like materials shall be permitted for repairs, provided that
hazards to life, health or property are not created. Hazardous
materials shall not be used where the code for new construc-
tion would not allow use of these materials in buildings of
similar occupancy, purpose and location.
Provisions of this code relating
to the construction, repair, alteration, restoration and move-
ment of structures, and change of occupancy shall not be
mandatory for historic buildings provided that a report has
been submitted to the code official and signed by a registered
design professional, or a representative of the State Historic
Preservation Office or the historic preservation authority hav-
ing jurisdiction, demonstrating that compliance with that pro-
vision would threaten, degrade or destroy the historic form,
fabric or function of the building.
Additions to an existing building, building
system or portion thereof shall conform to the provisions of
this code as those provisions relate to new construction. Addi-
tions shall not create an unsafe or hazardous condition or
overload existing building systems. An addition shall be
deemed to comply with this code if the addition alone com-
plies or if the existing building and addition comply with this
code as a single building.
1. New additions with a construction valuation of
$500,000 or more shall comply with Section C407.
2. New buildings and additions with a construction valua-
tion less than $500,000 shall comply with Section
C502.2.
Additions shall comply
with Sections C502.2.1 through C502.2.6.2.
New vertical fenestration
area that results in a total building fenestration area less
than or equal to that specified in Section C402.4.1 shall
comply with Section C402.1.5, C402.4.3 or C407. Addi-
tions with vertical fenestration that result in a total building
fenestration area greater than Section C402.4.1 or addi-
tions that exceed the fenestration area greater than Section
C402.4.1 shall comply with Section C402.4.1.1 for the
addition only. Additions that result in a total building verti-
cal fenestration area exceeding that specified in Section
C402.4.1.1 shall comply with Section C402.1.5 or C407.
New skylight area that results in
a total building fenestration area less than or equal to that
specified in Section C402.4.1 shall comply with Section
C402.1.5 or C407. Additions with skylight area that result
in a total building skylight area greater than C402.4.1 or
additions that exceed the skylight area shall comply with
Section C402.4.1.2 for the addition only. Additions that
result in a total building skylight area exceeding that speci-
fied in Section C402.4.1.2 shall comply with Section
C402.1.5 or C407.
New mechanical
systems and equipment that are part of the addition and
serve the building heating, cooling and ventilation needs
shall comply with Section C403.
New mechanical systems that serve additions shall com-
ply with Sections C408.2.2, C408.2.3 and C408.2.5.
1. Mechanical systems and service water-heating
systems in buildings where the total mechani-
cal equipment capacity is less than 480,000
Btu/h (140.7 kW) cooling capacity and
600,000 Btu/h (175.8 kW) combined service
water-heating and space-heating capacity.
2. Systems included in Section C403.5 that serve
individual dwelling units and sleeping units.
New service
water-heating equipment, controls and service water heat-
ing piping shall comply with Section C404.
New service hot water systems that serve addi-
tions shall comply with Sections C408.2.3 and
C408.2.5.
1. Service water-heating systems in buildings
where the total mechanical equipment capac-
ity is less than 600,000 Btu/h (175.8 kW)
combined service water-heating and space-
heating capacity.
2. Systems included in Section C403.5 that serve
individual dwelling units and sleeping units.
New pools and inground permanently installed spas
shall comply with Section C404.10.
New lighting sys-
tems that are installed as part of the addition shall comply
with Section C405.
The total interior
lighting power for the addition shall comply with Sec-
tion C405.3.2 for the addition alone, or the existing
building and the addition shall comply as a single build-
ing.
The total exterior
lighting power for the addition shall comply with Sec-
tion C405.4.2 for the addition alone, or the existing
building and the addition shall comply as a single build-
ing.
New lighting
systems that serve additions shall comply with Section
C408.3.
Alterations to any building or structure
shall comply with the requirements of Section C503 and the
code for new construction. Alterations shall be such that the
existing building or structure is not less conforming to the
provisions of this code than the existing building or structure
was prior to the alteration. Alterations to an existing build-
ing, building system or portion thereof shall conform to the
provisions of this code as those provisions relate to new con-
struction. Alterations shall not create an unsafe or hazardous
condition or overload existing building systems. Level 3
alterations shall also comply with Section C503.7. Level 4
alterations shall also comply with Section C503.8.
The following alterations need not comply
with the requirements for new construction, provided that
the energy use of the building is not increased:
1. Storm windows installed over existing fenestration.
2. Surface-applied window film installed on existing
single-pane fenestration assemblies reducing solar
heat gain, provided that the code does not require the
glazing or fenestration to be replaced.
3. Existing ceiling, wall or floor cavities exposed
during construction, provided that these cavities are
filled with insulation.
4. Construction where the existing roof, wall or floor
cavity is not exposed.
5.Roof recover.
6.Air barriers shall not be required for roof recover
and roof replacement where the alterations or reno-
vations to the building do not include alterations,
renovations or repairs to the remainder of the build-
ing envelope.
Any nonconditioned
or low-energy space that is altered to become conditioned
space shall be required to be brought into full compliance
with this code.
1. Where the component performance alternative in
Section C402.1.5 is used to comply with this sec-
tion, the proposed UA shall be not greater than 110
percent of the target UA.
2. Where the total building performance option in Sec-
tion C407 is used to comply with this section, the
annual energy cost of the proposed design shall be
not greater than 110 percent of the annual energy
cost otherwise permitted by Section C407.3.
New building envelope assem-
blies that are part of the alteration shall comply with Sections
C402.1 through C402.5.
Where the existing building exceeds the fenes-
tration area limitations of Section C402.4.1 prior to alter-
ation, the building is exempt from Section C402.4.1
provided that there is not an increase in fenestration area.
Roof replacements shall
comply with Section C402.1.3, C402.1.4, C402.1.5 or
C407 where the existing roof assembly is part of the build-
ing thermal envelope and contains insulation entirely
above the roof deck.
The addition of vertical
fenestration that results in a total building fenestration
area less than or equal to that specified in Section
C402.4.1 shall comply with Section C402.1.5, C402.4.3 or
C407. The addition of vertical fenestration that results in a
total building fenestration area greater than Section
C402.4.1 shall comply with Section C402.4.1.1 for the
space adjacent to the new fenestration only. Alterations
that result in a total building vertical fenestration area
exceeding that specified in Section C402.4.1.1 shall com-
ply with Section C402.1.5 or C407. Provided that the ver-
tical fenestration area is not changed, using the same
vertical fenestration area in the standard reference design
as the building prior to alteration shall be an alternative to
using the vertical fenestration area specified in Table
C407.5.1(1).
New skylight area that results in
a total building skylight area less than or equal to that
specified in Section C402.4.1 shall comply with Section
C402.1.5, C402.4 or C407. The addition of skylight area
that results in a total building skylight area greater than
Section C402.4.1 shall comply with Section C402.4.1.2
for the space adjacent to the new skylights. Alterations
that result in a total building skylight area exceeding that
specified in Section C402.4.1.2 shall comply with Section
C402.1.5 or C407. Provided that the skylight area is not
changed, using the same skylight area in the standard ref-
erence design as the building prior to alteration shall be an
alternative to using the skylight area specified in Table
C407.5.1(1).
New heating, cooling
and duct systems that are part of the alteration shall comply
with Sections C403.
New cooling systems that are part
of alteration shall comply with Section C403.5.
New
mechanical systems that serve alterations shall comply
with Sections C408.2.2, C408.2.3 and C408.2.5.
1. Mechanical systems and service water-heating
systems in buildings where the total mechanical
equipment capacity is less than 480,000 Btu/h
(140.7 kW) cooling capacity and 600,000 Btu/h
(175.8 kW) combined service water-heating and
space-heating capacity.
2. Systems included in Section C403.5 that serve
individual dwelling units and sleeping units.
New service hot water
systems that are part of the alteration shall comply with Sec-
tion C404.
New service hot water systems that serve alterations shall
comply with Sections C408.2.3 and C408.2.5.
1. Service water-heating systems in buildings where
the total mechanical equipment capacity is less
than 600,000 Btu/h (175.8 kW) combined service
water-heating and space-heating capacity.
2. Systems included in Section C403.5 that serve
individual dwelling units and sleeping units.
New lighting systems that are part
of the alteration shall comply with Section C405.
Alterations that replace less than 10 percent of
the luminaires in a space, provided that such alterations do
not increase the installed interior lighting power.
New lighting sys-
tems that serve alterations shall comply with Section
C408.3.
Level 3 alterations shall also
comply with Section C407.3 where the proposed design EUI
or PCI shall be not greater than 125 percent of the EUI or PCI
otherwise permitted by Section C407.3.
Level 4 alterations shall also
comply with Section C407.3 where the proposed design EUI
or PCI shall be not greater than 110 percent of the EUI or PCI
otherwise permitted by Section C407.3.
Buildings and structures, and parts thereof,
shall be repaired in compliance with Section C501.3 and this
section. Work on nondamaged components that is necessary
for the required repair of damaged components shall be con-
sidered to be part of the repair and shall not be subject to the
requirements for alterations in this chapter. Routine mainte-
nance required by Section C501.3, ordinary repairs exempt
from permit and abatement of wear due to normal service
conditions shall not be subject to the requirements for repairs
in this section.
Where a building was constructed to comply with ANSI/
ASHRAE/IESNA 90.1, repairs shall comply with the stan-
dard and need not comply with Sections C402, C403, C404
and C405.
For the purposes of this code, the fol-
lowing shall be considered to be repairs:
1. Glass-only replacements in an existing sash and frame.
2.Roof repairs.
3. Air barriers shall not be required for roof repair where
the repairs to the building do not include alterations,
renovations or repairs to the remainder of the building
envelope.
4. Replacement of existing doors that separate condi-
tioned space from the exterior shall not require the
installation of a vestibule or revolving door, provided
that an existing vestibule that separates a conditioned
space from the exterior shall not be removed.
5.Repairs where only the bulb, the ballast or both within
the existing luminaires in a space are replaced, pro-
vided that the replacement does not increase the
installed interior lighting power.
Spaces undergoing a change in occupancy
that would result in an increase in demand for either fossil
fuel or electrical energy shall comply with this code. Where
the use in a space changes from one use in Table C405.3.2(1)
or C405.3.2(2) to another use in Table C405.3.2(1) or
C405.3.2(2), the installed lighting wattage shall comply with
Section C405.3. Where the space undergoing a change in
occupancy or use is in a building with a fenestration area that
exceeds the limitations of Section C402.4.1, the space is
exempt from Section C402.4.1 provided that there is not an
increase in fenestration area.
1. Where the component performance alternative in
Section C402.1.5 is used to comply with this sec-
tion, the proposed UA shall be not greater than 110
percent of the target UA.
2. Where performance-based compliance in Section
C407 is required to comply with this section, the
proposed design EUI or PCI shall be not greater than
110 percent of the EUI or PCI otherwise permitted
by Section C407.3.
User note:
About this chapter: Chapter 6 lists the full title, edition year and address of the promulgator for all standards that are referenced in the code.
The section numbers in which the standards are referenced are also listed.
This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating
agency of the standard, the standard identification, the effective date and title, and the section or sections of this document that reference the
standard. The application of the referenced standards shall be as specified in Section 107.
American Architectural Manufacturers Association
1827 Walden Office Square
Suite 550
Schaumburg, IL 60173-4268
Table C402.5.2
Association of Home Appliance Manufacturers
1111 19th Street NW, Suite 402
Washington, DC 20036
Table C403.3.2(3)
Table C403.10.1
Air-Conditioning, Heating, & Refrigeration Institute
2111 Wilson Blvd, Suite 500
Arlington, VA 22201
Table C403.3.2(2)
Table C403.3.2(2)
Table C403.3.2(1), Table C403.3.2(2)
Table C403.3.2(3)
Table C403.3.2(1), Table C403.3.2(2)
Table C403.3.2(1), Table C403.3.2(6)
Table C403.3.2(3)
Table C403.3.2(10)
C403.11.3
Table C403.3.2(8)
AHRI—continued
C403.3.2.1, Table C403.3.2(7)
Table C403.3.2(7)
Table C404.2
C403.10, Table C403.10.1(1), Table C403.10.1(2)
Air Movement and Control Association International
30 West University Drive
Arlington Heights, IL 60004-1806
C403.8.3
C402.5.6
C403.7.7
American National Standards Institute
25 West 43rd Street, 4th Floor
New York, NY 10036
Table C404.2
Table C403.3.2(4)
Table C403.3.2(4)
The Association of Pool & Spa Professionals
2111 Eisenhower Avenue, Suite 580
Alexandria, VA 22314
C404.8
ASHRAE
1791 Tullie Circle NE
Atlanta, GA 30329
Table C403.3.2(9)
C403.1.1
C403.1.1
Table C403.3.2(2)
Table C403.3.2(2)
ASHRAE—continued
Table C407.5.1
C401.2, Table C402.1.3, Table C402.1.4, Table C407.6.1, C502.1, C503.1, C504.1
C407.6.1
Table C404.2
American Society of Mechanical Engineers
Two Park Avenue
New York, NY 10016-5990
C405.8.2
ASTM International
100 Barr Harbor Drive, P.O. Box C700
West Conshohocken, PA 19428-2959
Table C401.3
C303.1.4.1, Table C402.1.4, 402.2.7
Table C402.3
Table C402.3
C402.4.2.2
Table C402.5.2, C402.5.7
Table C402.3
C402.5
Table C402.3
C402.5, C606.4
Table C402.3
Table C402.3, C402.3.2
Cool Roof Rating Council
449 15th Street, Suite 400
Oakland, CA 94612
Table C402.3, C402.3.1
CSA Group
8501 East Pleasant Valley Road
Cleveland, OH 44131-5516
Table C402.5.2
C404.8
C404.8
Cooling Technology Institute
P. O. Box 681807
Houston, TX 77268
Table C403.3.2(8)
Table C403.3.2(8)
Table C403.3.2(8)
Table C403.3.2(8)
Table C403.3.2(8)
Door & Access Systems Manufacturers Association, International
1300 Sumner Avenue
Cleveland, OH 44115-2851
C303.1.3, Table C402.5.2
U.S. Department of Energy
c/o Superintendent of Documents
1000 Independence Avenue SW
Washington, DC 20585
Table C403.3.2(4), Table C403.3.2(5), Table C404.2
DOE—continued
C202
Table C403.3.2(5), C405.6, Table C405.6, C405.7
C403.8.4, Table C405.7(1), Table C405.7(2), Table C405.7(3), C405.7(4)
Table C403.3.2(1), Table C403.3.2(2), Table C403.3.2(4)
International Code Council, Inc.
500 New Jersey Avenue NW
6th Floor
Washington, DC 20001
C201.3, C303.2, C402.5.3, C501.4
C201.3, C501.4
C201.3, C501.4
C403.7.7, C403.2.2, C403.7.1, C403.7.2, C403.7.4, C403.7.5, C403.11.1, C403.11.2.1, C403.11.2.2,
C403.6, C403.6.6, C501.4
C201.3, C501.4
C501.4
C501.4
Institute of Electrical and Electronic Engineers
3 Park Avenue, 17th Floor
New York, NY 10016
C404.6.2
Illuminating Engineering Society
120 Wall Street, 17th Floor
New York, NY 10005-4001
C401.2, Table C402.1.3, Table C402.1.4, C502.1, C503.1, C504.1
International Organization for Standardization
Chemin de Blandonnet 8, CP 401, 1214 Vernier
Geneva, Switzerland
Table C403.3.2(2)
C403.3.2(2)
National Electrical Manufacturers Association
1300 North 17th Street, Suite 900
Rosslyn, VA 22209
C202
National Fire Protection Association
1 Batterymarch Park
Quincy, MA 02169-7471
C501.4
National Fenestration Rating Council, Inc.
6305 Ivy Lane, Suite 140
Greenbelt, MD 20770
C303.1.3, C402.2.1.1
C303.1.3, C402.4.1.1
Table C402.5.2
Sheet Metal and Air Conditioning Contractors’ National Association, Inc.
4021 Lafayette Center Drive
Chantilly, VA 20151-1219
C403.2.11.2.3
UL LLC
333 Pfingsten Road
Northbrook, IL 60062-2096
C403.7.5
Table C403.3.2(4)
Table C403.3.2(4)
C402.5.3
United States-Federal Trade Commission
600 Pennsylvania Avenue NW
Washington, DC 20580
C303.1.4
Window and Door Manufacturers Association
2025 M Street NW, Suite 800
Washington, DC 20036-3309
Table C402.5.2
Section
R101 Scope and General Requirements . . . . . . . . . . . . . R-3
R102 Alternative Materials, Design and
Methods of Construction and Equipment . . . . . R-3
R103 Construction Documents. . . . . . . . . . . . . . . . . . . . R-3
R104 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R-4
R105 Inspections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R-4
R106 Validity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R-5
R107 Referenced Standards . . . . . . . . . . . . . . . . . . . . . . R-5
R108 Stop Work Order. . . . . . . . . . . . . . . . . . . . . . . . . . R-5
R109 Board of Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . R-6
Section
R201 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R-7
R202 General Definitions . . . . . . . . . . . . . . . . . . . . . . . . R-7
Section
R301 Climate Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . R-11
R302 Design Conditions. . . . . . . . . . . . . . . . . . . . . . . . R-11
R303 Materials, Systems and Equipment. . . . . . . . . . . R-11
Section
R401 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R-15
R402 Building Thermal Envelope . . . . . . . . . . . . . . . . R-15
R403 Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R-19
R404 Electrical Power and Lighting Systems. . . . . . . . R-23
R405 Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R-24
R406 Energy Rating Index Compliance
Alternative. . . . . . . . . . . . . . . . . . . . . . . . . . . . R-24
R407 Solar Readiness. . . . . . . . . . . . . . . . . . . . . . . . . . R-25
Section
R501 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R-27
R502 Additions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R-27
R503 Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R-28
R504 Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R-30
R505 Change of Occupancy or Use . . . . . . . . . . . . . . . R-30
User note:
About this chapter: Chapter 1 establishes the limits of applicability of this code and describes how the code is to be applied and enforced.
Chapter 1 is in two parts: Part 1—Scope and Application (Sections 101–102) and Part 2—Administration and Enforcement (Sections 103–
109). Section 101 identifies which buildings and structures come under its purview and references other I-Codes as applicable. Standards and
codes are scoped to the extent referenced (see Section 107.1).
This code is intended to be adopted as a legally enforceable document, and it cannot be effective without adequate provisions for its adminis-
tration and enforcement. The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having
jurisdiction and also establish the rights and privileges of the design professional, contractor and property owner.
This code shall be known as the 2020 City of
Boulder Energy Conservation Code, and shall be cited as
such. It is referred to herein as “this code.”
This code applies to residential buildings and
the building sites and associated systems and equipment.
This code shall regulate the design and con-
struction of buildings for the effective use and conservation
of energy over the useful life of each building. This code is
intended to provide flexibility to permit the use of innovative
approaches and techniques to achieve this objective. This
code is not intended to abridge safety, health or environmen-
tal requirements contained in other applicable codes or ordi-
nances.
Where, in any specific case, different
sections of this code specify different materials, methods of
construction or other requirements, the most restrictive shall
govern. Where there is a conflict between a general require-
ment and a specific requirement, the specific requirement
shall govern.
Where a building includes both residential building and
commercial building portions, each portion shall be sepa-
rately considered and meet the applicable provisions of the
IECC—Commercial Provisions or IECC—Residential
Provisions.
Residential buildings shall meet the
provisions of IECC—Residential Provisions. Commercial
buildings shall meet the provisions of IECC—Commercial
Provisions.
The code official shall
be permitted to approve specific computer software, work-
sheets, compliance manuals and other similar materials
that meet the intent of this code.
The provisions of this code are not intended
to prevent the installation of any material or to prohibit any
design or method of construction not specifically prescribed
by this code. The code official shall have the authority to
approve an alternative material, design or method of con-
struction upon application of the owner or the owner’s autho-
rized agent. The code official shall first find that the proposed
design is satisfactory and complies with the intent of the pro-
visions of this code, and that the material, method or work
offered is, for the purpose intended, not less than the equiva-
lent of that prescribed in this code for strength, effectiveness,
fire resistance, durability and safety. Where the alternative
material, design or method of construction is not approved,
the code official shall respond to the applicant, in writing,
stating the reasons why the alternative was not approved.
The code official or
other authority having jurisdiction shall be permitted to
deem a national, state or local energy-efficiency program
to exceed the energy efficiency required by this code.
Buildings approved in writing by such an energy-effi-
ciency program shall be considered to be in compliance
with this code. The requirements identified as “manda-
tory” in Chapter 4 shall be met.
Construction documents, technical reports
and other supporting data shall be submitted in one or more
sets with each application for a permit. The construction doc-
uments and technical reports shall be prepared by a registered
design professional where required by the statutes of the
jurisdiction in which the project is to be constructed. Where
special conditions exist, the code official is authorized to
require necessary construction documents to be prepared by a
registered design professional.
The code official is authorized to waive the
requirements for construction documents or other support-
ing data if the code official determines they are not neces-
sary to confirm compliance with this code.
Construc-
tion documents shall be drawn to scale on suitable material.
Electronic media documents are permitted to be submitted
where approved by the code official. Construction documents
shall be of sufficient clarity to indicate the location, nature
and extent of the work proposed, and show in sufficient detail
pertinent data and features of the building, systems and
equipment as herein governed. Details shall include the fol-
lowing as applicable:
1. Insulation materials and their R-values.
2. Fenestration U-factors and solar heat gain coefficients
(SHGC).
3. Area-weighted U-factor and solar heat gain coeffi-
cients (SHGC) calculations.
4. Mechanical system design criteria.
5. Mechanical and service water-heating systems and
equipment types, sizes and efficiencies.
6. Equipment and system controls.
7. Duct sealing, duct and pipe insulation and location.
8. Air sealing details.
The
building thermal envelope shall be represented on the con-
struction documents.
The code official shall
examine or cause to be examined the accompanying con-
struction documents and shall ascertain whether the construc-
tion indicated and described is in accordance with the
requirements of this code and other pertinent laws or ordi-
nances. The code official is authorized to utilize a registered
design professional, or other approved entity not affiliated
with the building design or construction, in conducting the
review of the plans and specifications for compliance with
the code.
When
the code official issues a permit where construction docu-
ments are required, the construction documents shall be
endorsed in writing and stamped “Reviewed for Code
Compliance.” Such approved construction documents
shall not be changed, modified or altered without authori-
zation from the code official. Work shall be done in accor-
dance with the approved construction documents.
One set of construction documents so reviewed shall be
retained by the code official. The other set shall be
returned to the applicant, kept at the site of work and shall
be open to inspection by the code official or a duly autho-
rized representative.
This code shall not require
changes in the construction documents, construction or
designated occupancy of a structure for which a lawful
permit has been heretofore issued or otherwise lawfully
authorized, and the construction of which has been pur-
sued in good faith within 180 days after the effective date
of this code and has not been abandoned.
The code official shall have
the authority to issue a permit for the construction of part
of an energy conservation system before the construction
documents for the entire system have been submitted or
approved, provided adequate information and detailed
statements have been filed complying with all pertinent
requirements of this code. The holders of such permit shall
proceed at their own risk without assurance that the permit
for the entire energy conservation system will be granted.
Work shall be
installed in accordance with the approved construction docu-
ments, and any changes made during construction that are not
in compliance with the approved construction documents
shall be resubmitted for approval as an amended set of con-
struction documents.
One set of
approved construction documents shall be retained by the
code official for a period of not less than 180 days from date
of completion of the permitted work, or as required by state
or local laws.
A permit shall not be issued until the fees pre-
scribed in Section R104.2 have been paid, nor shall an
amendment to a permit be released until the additional fee, if
any, has been paid.
A fee for each permit shall
be paid as required, in accordance with the schedule as estab-
lished by the applicable governing authority.
Any
person who commences any work before obtaining the neces-
sary permits shall be subject to an additional fee established
by the code official that shall be in addition to the required
permit fees.
The payment of the fee for the con-
struction, alteration, removal or demolition of work done in
connection to or concurrently with the work or activity autho-
rized by a permit shall not relieve the applicant or holder of
the permit from the payment of other fees that are prescribed
by law.
The code official is authorized to establish
a refund policy.
Construction or work for which a permit is
required shall be subject to inspection by the code official or
his or her designated agent, and such construction or work
shall remain visible and able to be accessed for inspection
purposes until approved. It shall be the duty of the permit
applicant to cause the work to remain visible and able to be
accessed for inspection purposes. Neither the code official
nor the jurisdiction shall be liable for expense entailed in the
removal or replacement of any material, product, system or
building component required to allow inspection to validate
compliance with this code.
The code official or his or her
designated agent, upon notification, shall make the inspec-
tions set forth in Sections R105.2.1 through R105.2.5.
Inspec-
tions associated with footings and foundations shall verify
compliance with the code as to R-value, location, thick-
ness, depth of burial and protection of insulation as
required by the code and approved plans and specifica-
tions.
Inspections
at framing and rough-in shall be made before application
of interior finish and shall verify compliance with the code
as to: types of insulation and corresponding R-values and
their correct location and proper installation; fenestration
properties such as U-factor and SHGC and proper installa-
tion; and air leakage controls as required by the code; and
approved plans and specifications.
Inspections at
plumbing rough-in shall verify compliance as required by
the code and approved plans and specifications as to types
of insulation and corresponding R-values and protection,
and required controls.
Inspections at
mechanical rough-in shall verify compliance as required
by the code and approved plans and specifications as to
installed HVAC equipment type and size, required con-
trols, system insulation and corresponding R-value, system
air leakage control, programmable thermostats, dampers,
whole-house ventilation, and minimum fan efficiency.
Systems serving multiple dwelling units
shall be inspected in accordance with Section C105.2.4.
The building shall have a final
inspection and shall not be occupied until approved. The
final inspection shall include verification of the installa-
tion of all required building systems, equipment and con-
trols and their proper operation and the required number of
high-efficacy lamps and fixtures.
A building shall be reinspected where
determined necessary by the code official.
The code official is
authorized to accept reports of third-party inspection agencies
not affiliated with the building design or construction, pro-
vided that such agencies are approved as to qualifications and
reliability relevant to the building components and systems
that they are inspecting.
It shall be the duty of the holder
of the permit or their duly authorized agent to notify the code
official when work is ready for inspection. It shall be the duty
of the permit holder to provide access to and means for
inspections of such work that are required by this code.
Where any work or instal-
lation does not pass an initial test or inspection, the necessary
corrections shall be made to achieve compliance with this
code. The work or installation shall then be resubmitted to the
code official for inspection and testing.
After the prescribed tests and inspections
indicate that the work complies in all respects with this code,
a notice of approval shall be issued by the code official.
The code official is authorized to,
in writing, suspend or revoke a notice of approval issued
under the provisions of this code wherever the certificate
is issued in error, or on the basis of incorrect information
supplied, or where it is determined that the building or
structure, premise, or portion thereof is in violation of any
ordinance or regulation or any of the provisions of this
code.
If a portion of this code is held to be illegal
or void, such a decision shall not affect the validity of the
remainder of this code.
The codes and
standards referenced in this code shall be those indicated in
Chapter 5, and such codes and standards shall be considered
as part of the requirements of this code to the prescribed
extent of each such reference and as further regulated in Sec-
tions R107.1.1 and R107.1.2.
Where conflicts occur between provi-
sions of this code and referenced codes and standards, the
provisions of this code shall apply.
Where the extent of the reference to a referenced code or
standard includes subject matter that is within the scope of
this code, the provisions of this code, as applicable, shall
take precedence over the provisions in the referenced code
or standard.
References to chapter or
section numbers, or to provisions not specifically identified
by number, shall be construed to refer to such chapter, section
or provision of this code.
The provisions of this code shall not be
deemed to nullify any provisions of local, state or federal law.
Where the code official finds any work
regulated by this code being performed in a manner either
contrary to the provisions of this code or dangerous or unsafe,
the code official is authorized to issue a stop work order.
The stop work order shall be in writing and
shall be given to the owner of the property involved, to the
owner’s authorized agent, or to the person doing the work.
Upon issuance of a stop work order, the cited work shall
immediately cease. The stop work order shall state the reason
for the order and the conditions under which the cited work
will be permitted to resume.
Where an emergency exists, the code
official shall not be required to give a written notice prior to
stopping the work.
Any person who shall continue
any work after having been served with a stop work order,
except such work as that person is directed to perform to
remove a violation or unsafe condition, shall be subject to a
fine as set by the applicable governing authority.
In order to hear and decide appeals of
orders, decisions or determinations made by the code official
relative to the application and interpretation of this code,
there shall be and is hereby created a board of appeals. The
code official shall be an ex officio member of said board but
shall not have a vote on any matter before the board. The
board of appeals shall be appointed by the governing body
and shall hold office at its pleasure. The board shall adopt
rules of procedure for conducting its business, and shall ren-
der all decisions and findings in writing to the appellant with
a duplicate copy to the code official.
An application for appeal
shall be based on a claim that the true intent of this code or
the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of this code do not fully apply or
an equally good or better form of construction is proposed.
The board shall not have authority to waive requirements of
this code.
The board of appeals shall consist of
members who are qualified by experience and training and
are not employees of the jurisdiction.
User note:
About this chapter: Codes, by their very nature, are technical documents. Every word, term and punctuation mark can add to or change the
meaning of a technical requirement. It is necessary to maintain a consensus on the specific meaning of each term contained in the code.
Chapter 2 performs this function by stating clearly what specific terms mean for the purpose of the code.
Unless stated otherwise, the following words and
terms in this code shall have the meanings indicated in this
chapter.
Words used in the present tense
include the future; words in the masculine gender include the
feminine and neuter; the singular number includes the plural
and the plural includes the singular.
Terms that are not
defined in this code but are defined in the International Build-
ing Code, International Fire Code, International Fuel Gas
Code, International Mechanical Code, International Plumb-
ing Code or the International Residential Code shall have the
meanings ascribed to them in those codes.
Terms not defined by this chapter
shall have ordinarily accepted meanings such as the context
implies.
A wall more than 50 percent above
grade and enclosing conditioned space. This includes
between-floor spandrels, peripheral edges of floors, roof and
basement knee walls, dormer walls, gable end walls, walls
enclosing a mansard roof and skylight shafts.
Admitting close approach as a result of not
being guarded by locked doors, elevation or other effective
means (see “Readily accessible”).
An extension or increase in the conditioned
space floor area, number of stories or height of a building or
structure.
One or more materials joined together in a
continuous manner to restrict or prevent the passage of air
through the building thermal envelope and its assemblies.
An insulation that
functions as an air barrier material.
Any construction, retrofit or renovation to
an existing structure other than repair or addition. Also, a
change in a building, electrical, gas, mechanical or plumbing
system that involves an extension, addition or change to the
arrangement, type or purpose of the original installation.
An alteration that includes the
removal and replacement or the covering of existing materi-
als, elements, equipment or fixtures using new materials, ele-
ments, equipment or fixtures that serve the same purpose.
An alteration that includes the
reconfiguration of space, the addition or elimination of any
door or window, the reconfiguration or extension of any sys-
tem, or the installation of any additional equipment.
An alteration where the work
area exceeds 50 percent of the building area.
An alteration where the work
area exceeds 50 percent of the building area, mechanical and
lighting systems are substantially replaced, and where the
alteration meets the criteria of substantial structural alter-
ation, including fenestration replacement.
Acceptable to the code official.
An established and recognized
agency that is regularly engaged in conducting tests furnish-
ing inspection services, or furnishing product certification,
where such agency has been approved by the code official.
Self-acting, operating by its own mechanism
when actuated by some impersonal influence, as, for exam-
ple, a change in current strength, pressure, temperature or
mechanical configuration (see “Manual”).
A wall 50 percent or more below grade
and enclosing conditioned space.
Any structure used or intended for supporting or
sheltering any use or occupancy, including any mechanical
systems, service water heating systems and electric power
and lighting systems located on the building site and support-
ing the building.
a contiguous area of land that is under
the ownership or control of one entity.
The basement
walls, exterior walls, floors, ceiling, roofs and any other
building element assemblies that enclose conditioned space
or provide a boundary between conditioned space and
exempt or unconditioned space.
A specifically
designed water distribution system where one or more pumps
are operated in the service hot water piping to circulate
heated water from the water-heating equipment to fixtures
and back to the water-heating equipment.
A geographical region based on climatic
criteria as specified in this code.
The officer or other designated authority
charged with the administration and enforcement of this code,
or a duly authorized representative.
For this code, all buildings
that are not included in the definition of “Residential build-
ing.”
The horizontal projection
of the floors associated with the conditioned space.
An area, room or space that is
enclosed within the building thermal envelope and that is
directly or indirectly heated or cooled. Spaces are indirectly
heated or cooled where they communicate through openings
with conditioned spaces, where they are separated from con-
ditioned spaces by uninsulated walls, floors or ceilings, or
where they contain uninsulated ducts, piping or other sources
of heating or cooling.
A combination of materi-
als and assemblies that restrict or prevent the passage of air
through the building thermal envelope.
Insulating material
that is continuous across all structural members without ther-
mal bridges other than fasteners and service openings. It is
installed on the interior or exterior, or is integral to any
opaque surface, of the building envelope.
The opaque portion of a wall that
encloses a crawl space and is partially or totally below grade.
Fenestration products used to create an
external nonload-bearing wall that is designed to separate the
exterior and interior environments.
A
water distribution system having one or more recirculation
pumps that pump water from a heated water supply pipe back
to the heated water source through a cold water supply pipe.
A tube or conduit utilized for conveying air. The air
passages of self-contained systems are not to be construed as
air ducts.
A continuous passageway for the transmis-
sion of air that, in addition to ducts, includes duct fittings,
dampers, plenums, fans and accessory air-handling equipment
and appliances.
A single unit providing complete inde-
pendent living facilities for one or more persons, including per-
manent provisions for living, sleeping, eating, cooking and
sanitation.
A motorized vehicle regis-
tered for on-road use, powered by an electric motor that
draws current from rechargeable storage that is charged by
being plugged into an electrical source.
A designated
parking space that is provided with conduit sized for a 40-
amp, 208/240-volt dedicated branch circuit from a building
electrical service panel to the parking space and sufficient
physical space in the same building electrical service panel to
accommodate a 40-amp dual-pole circuit breaker.
A parking space
that is provided with one 40-amp, 208/240-volt dedicated
branch circuit for electric vehicle supply equipment that is
terminated at a receptacle, a junction box or electric vehicle
supply equipment within the parking space.
The electrical conductors and equipment external to the elec-
tric vehicle that provide a connection between an electric
vehicle and a power source to provide electric vehicle
charging.
A parking space with electric vehicle
supply equipment capable of supplying current at 40 amps at
208/240 volt.
A method for estimating the annual
energy use of the proposed design and standard reference
design based on estimates of energy use.
The total estimated annual cost for pur-
chased energy for the building functions regulated by this code,
including applicable demand charges.
A city-approved and
city-managed offset fund providing a payment option in lieu
of complying with city program renewable energy and/or off-
set requirements.
An approved software
program or calculation-based methodology that projects the
annual energy use of a building.
A version of the rated design
that meets the minimum requirements of the 2006 Interna-
tional Energy Conservation Code.
Walls including both above-grade walls
and basement walls.
Products classified as either vertical fen-
estration or skylights.
Glass or other transparent or translucent glaz-
ing material installed at a slope of less than 60 degrees
(1.05 rad) from horizontal.
Windows that are fixed or opera-
ble, opaque doors, glazed doors, glazed block and combi-
nation opaque/glazed doors composed of glass or other
transparent or translucent glazing materials and installed at
a slope of not less than 60 degrees (1.05 rad) from hori-
zontal.
A fenestra-
tion designed to be made up of field-glazed or field-assem-
bled units using specific factory cut or otherwise factory-
formed framing and glazing units. Examples of site-built
fenestration include storefront systems, curtain walls and
atrium roof systems.
Slab-on-grade construction in which the
heating elements, hydronic tubing, or hot air distribution sys-
tem is in contact with, or placed within or under, the slab.
Compact fluo-
rescent lamps, light-emitting diode (LED) lamps, T-8 or
smaller diameter linear fluorescent lamps, other lamps with an
efficacy of not less than 65 lumens per watt, or luminaires
with an efficacy of not less than 45 lumens per watt.
Any building or structure that is
one or more of the following:
1. Listed, or certified as eligible for listing by the State
Historic Preservation Officer or the Keeper of the
National Register of Historic Places, in the National
Register of Historic Places.
2. Designated as historic under an applicable state or local
law.
3. Certified as a contributing resource within a National
Register-listed, state-designated or locally designated
historic district.
The uncontrolled inward air leakage into a
building caused by the pressure effects of wind or the effect of
differences in the indoor and outdoor air density or both.
A type of continuous insulation with
manufacturer-installed insulating material as an integral part of
the cladding product having an R-value of not less than R-2.
Equipment, materials or products to which have
been affixed a label, seal, symbol or other identifying mark of
a nationally recognized testing laboratory, approved agency
or other organization concerned with product evaluation that
maintains periodic inspection of the production of such
labeled items and whose labeling indicates either that the
equipment, material or product meets identified standards or
has been tested and found suitable for a specified purpose.
Equipment, materials, products or services included
in a list published by an organization acceptable to the code
official and concerned with evaluation of products or services
that maintains periodic inspection of production of listed
equipment or materials or periodic evaluation of services and
whose listing states either that the equipment, material, product
or service meets identified standards or has been tested and
found suitable for a specified purpose.
Lighting equipment powered
through a transformer such as a cable conductor, a rail conduc-
tor and track lighting.
Capable of being operated by personal interven-
tion (see “Automatic”).
A 20-year subscrip-
tion to a solar generation facility where the beneficial use of
the electricity generated by the facility belongs to subscribers
to the solar generation facility as authorized in §40-2-127,
C.R.S.
A door that is not less than 50-percent
opaque in surface area.
A description of the proposed build-
ing used to estimate annual energy use for determining compli-
ance based on total building performance.
A description of the proposed building
used to determine the energy rating index.
Capable of being reached quickly
for operation, renewal or inspection without requiring those to
whom ready access is requisite to climb over or remove obsta-
cles or to resort to portable ladders or access equipment (see
“Accessible”).
The reconstruction or renewal of any part of an
existing building for the purpose of its maintenance or to cor-
rect damage.
The process of recovering or replacing an
existing roof covering. See “Roof recover” and “Roof
replacement.”
For this code, includes
detached one- and two-family dwellings and townhouses, and
Group R-2, R-3 and R-4 buildings three stories or less in
height above grade plane with separate means of egress.
A system designed to provide weather
protection and resistance to design loads. The system consists
of a roof covering and roof deck or a single component serving
as both the roof covering and the roof deck. A roof assembly
includes the roof covering, underlayment and roof deck, and
can also include a thermal barrier, an ignition barrier, insula-
tion or a vapor retarder.
The process of installing an additional
roof covering over a prepared existing roof covering without
removing the existing roof covering.
Reconstruction or renewal of any part of
an existing roof for the purposes of its maintenance.
The process of removing the
existing roof covering, repairing any damaged substrate and
installing a new roof covering.
The inverse of the
time rate of heat flow through a body from one of its bounding
surfaces to the other surface for a unit temperature difference
between the two surfaces, under steady state conditions, per
unit area (h • ft2 • °F/Btu) [(m2 • K)/W].
Supply of hot water for pur-
poses other than comfort heating.
The ratio of
the solar heat gain entering the space through the fenestration
assembly to the incident solar radiation. Solar heat gain includes
directly transmitted solar heat and absorbed solar radiation that
is then reradiated, conducted or convected into the space.
A section or sections of the roof or
building overhang designated and reserved for the future
installation of a solar photovoltaic or solar thermal system.
A version of the pro-
posed design that meets the minimum requirements of this
code and is used to determine the maximum annual energy use
requirement for compliance based on total building perfor-
mance.
An
alteration in which the gravity load-carrying structural ele-
ments altered within a five-year period support more than 30
percent of the total floor area and roof area of the building or
structure. The areas to be counted toward the 30 percent shall
include mezzanines, penthouses, and in-filled courts and
shafts tributary to the altered structural elements.
A one-story structure attached to a dwelling with
a glazing area in excess of 40 percent of the gross area of the
structure’s exterior walls and roof.
Physical and space conditioning
separation from conditioned spaces. The conditioned spaces
shall be controlled as separate zones for heating and cooling or
conditioned by separate equipment.
An automatic control device used to main-
tain temperature at a fixed or adjustable setpoint.
The coeffi-
cient of heat transmission (air to air) through a building compo-
nent or assembly, equal to the time rate of heat flow per unit
area and unit temperature difference between the warm side
and cold side air films (Btu/h • ft2 • °F) [W/(m2 • K)].
The natural or mechanical process of sup-
plying conditioned or unconditioned air to, or removing such
air from, any space.
That portion of supply air that comes
from outside (outdoors) plus any recirculated air that has been
treated to maintain the desired quality of air within a designated
space.
The ratio of visible
light entering the space through the fenestration product
assembly to the incident visible light, Visible Transmittance,
includes the effects of glazing material and frame and is
expressed as a number between 0 and 1.
An exhaust system, supply system, or combina-
tion thereof that is designed to mechanically exchange indoor
air with outdoor air when operating continuously or through a
programmed intermittent schedule to satisfy the whole house
ventilation rates.
A space or group of spaces within a building with heat-
ing or cooling requirements that are sufficiently similar so that
desired conditions can be maintained throughout using a single
controlling device.
User note:
About this chapter: Chapter 3 covers general regulations for energy conservation features of buildings. The climate zone for a building is
established by geographic location tables and figures in this chapter.
This code shall apply only to projects
located in Climate Zone 5B.
The interior design tem-
peratures used for heating and cooling load calculations shall
be a maximum of 72°F (22°C) for heating and minimum of
75°F (24°C) for cooling.
Materials, systems and equipment
shall be identified in a manner that will allow a determination
of compliance with the applicable provisions of this code.
An R-
value identification mark shall be applied by the manufac-
turer to each piece of building thermal envelope insulation
that is 12 inches (305 mm) or greater in width. Alterna-
tively, the insulation installers shall provide a certification
that indicates the type, manufacturer and R-value of insu-
lation installed in each element of the building thermal
envelope. For blown-in or sprayed fiberglass and cellulose
insulation, the initial installed thickness, settled thickness,
settled R-value, installed density, coverage area and num-
ber of bags installed shall be indicated on the certification.
For sprayed polyurethane foam (SPF) insulation, the
installed thickness of the areas covered and the R-value of
the installed thickness shall be indicated on the certifica-
tion. For insulated siding, the R-value shall be on a label
on the product’s package and shall be indicated on the cer-
tification. The insulation installer shall sign, date and post
the certification in a conspicuous location on the job site.
For roof insulation installed above the
deck, the R-value shall be labeled as required by the
material standards specified in Table 1508.2 of the
International Building Code or Table R906.2 of the
International Residential Code, as applicable.
The thickness of blown-in or sprayed fiber-
glass and cellulose roof and ceiling insulation shall be
at not less than one for every 300 square feet (28 m2)
throughout the attic space. The markers shall be affixed
to the trusses or joists and marked with the minimum
initial installed thickness with numbers not less than 1
inch (25 mm) in height. Each marker shall face the attic
access opening. The thickness and installed R-value of
sprayed polyurethane foam insulation shall be indicated
on the certification provided by the insulation installer.
Insulating mate-
rials shall be installed such that the manufacturer’s R-
value mark is readily observable at inspection.
U-factors of fen-
estration products such as windows, doors and skylights
shall be determined in accordance with NFRC 100.
Where required, garage door U-factors
shall be determined in accordance with either NFRC
100 or ANSI/DASMA 105.
U-factors shall be determined by an accredited, inde-
pendent laboratory, and labeled and certified by the manu-
facturer.
Products lacking such a labeled U-factor shall be
assigned a default U-factor from Table R303.1.3(1) or
R303.1.3(2). The solar heat gain coefficient (SHGC) and
visible transmittance (VT) of glazed fenestration products
such as windows, glazed doors and skylights shall be
determined in accordance with NFRC 200 by an accred-
ited, independent laboratory, and labeled and certified by
the manufacturer. Products lacking such a labeled SHGC
or VT shall be assigned a default SHGC or VT from Table
R303.1.3(3).
The thermal resis-
tance, R-value, of insulation shall be determined in accor-
dance with Part 460 of US-FTC CFR Title 16 in units of
h ft2 °F/Btu at a mean temperature of 75°F (24°C).
The thermal resistance,
R-value, of insulated siding shall be determined in
accordance with ASTM C1363. Installation for testing
shall be in accordance with the manufacturer’s instruc-
tions.
Materials, systems and equipment shall
be installed in accordance with the Grade I insulation installa-
tion requirements in RESNET/ICC 301 and the International
Building Code or the International Residential Code, as
applicable.
Insulation applied to the exterior of basement walls, crawl
space walls and the perimeter of slab-on-grade floors shall
have a rigid, opaque and weather-resistant protective cov-
ering to prevent the degradation of the insulation’s thermal
performance. The protective covering shall cover the
exposed exterior insulation and extend not less than 6
inches (153 mm) below grade.
Maintenance instruc-
tions shall be furnished for equipment and systems that
require preventive maintenance. Required regular mainte-
nance actions shall be clearly stated and incorporated on a
readily accessible label. The label shall include the title or
publication number for the operation and maintenance man-
ual for that particular model and type of product.
Uninsulated Metal 1.20
Insulated Metal 0.60
Wood 0.50
Insulated, nonmetal edge, not exceeding 45%
glazing, any glazing double pane 0.35
SHGC 0.8 0.7 0.7 0.6 0.6
VT 0.6 0.3 0.6 0.3 0.6
Metal 1.20 0.80 2.00 1.30
Metal with Thermal Break 1.10 0.65 1.90 1.10
Nonmetal or Metal Clad 0.95 0.55 1.75 1.05
Glazed Block 0.60
User note:
About this chapter: Chapter 4 provides requirements for the thermal envelope of a building, including minimum insulation values for walls,
ceiling and floors; maximum fenestration U-factors; minimum fenestration solar heat gain coefficients; and methods for determining building
assembly and a total building U-factor. A performance alternative and an energy rating alternative are also provided to allow for energy code
compliance other than by the prescriptive method.
This chapter applies to residential buildings.
New buildings less than or equal to 500
square feet of conditioned floor area shall comply with either
Item 1 or Item 2 of this section. New buildings greater than 500
square feet of conditioned floor area shall comply with Item 2.
1. Sections R401 through R404
2. The energy rating index (ERI) approach in Sections
R406 and R407.
A permanent certificate shall be
completed by the builder or other approved party and
posted on a wall in the space where the furnace is located,
a utility room or an approved location inside the building.
Where located on an electrical panel, the certificate shall
not cover or obstruct the visibility of the circuit directory
label, service disconnect label or other required labels. The
certificate shall indicate the predominant R-values of insu-
lation installed in or on ceilings, roofs, walls, foundation
components such as slabs, basement walls, crawl space
walls and floors and ducts outside conditioned spaces; U-
factors of fenestration and the solar heat gain coefficient
(SHGC) of fenestration, and the results from any required
duct system and building envelope air leakage testing per-
formed on the building. Where there is more than one
value for each component, the certificate shall indicate the
value covering the largest area. The certificate shall indi-
cate the types and efficiencies of heating, cooling and ser-
vice water heating equipment. Where a gas-fired unvented
room heater, electric furnace or baseboard electric heater
is installed in the residence, the certificate shall indicate
“gas-fired unvented room heater,” “electric furnace” or
“baseboard electric heater,” as appropriate. An efficiency
shall not be indicated for gas-fired unvented room heaters,
electric furnaces and electric baseboard heaters. The ERI,
both with and without on-site generation, as determined in
accordance with Section R406, shall be listed on the certif-
icate.
The builder or owner’s
agent shall provide the owner with a binder of all equip-
ment and appliance manufacturers’ installation manuals,
except for manuals that are required to be affixed to the
equipment. These include the energy assessment report
and ERI certificate. If the code official approved a com-
munity solar garden subscription attributed to the property
as a means to meet the requirements of this chapter, the
manual shall include any requirements for a continued
subscription to a community solar garden necessary to
meet the requirements of this chapter.
The building thermal enve-
lope shall comply with the requirements of Sections R402.1.1
through R402.1.5.
1. The following low-energy buildings, or portions
thereof, separated from the remainder of the building
by building thermal envelope assemblies complying
with this section shall be exempt from the building
thermal envelope provisions of Section R402.
1.1. Those with a peak design rate of energy
usage less than 3.4 Btu/h • ft2 (10.7 W/m2) or
1.0 watt/ft2 of floor area for space-condition-
ing purposes.
1.2. Those that do not contain conditioned space.
2. Log homes designed in accordance with ICC 400.
Wall assemblies in the build-
ing thermal envelope shall comply with the vapor retarder
requirements of Section R702.7 of the International Resi-
dential Code or Section 1404.3 of the International Build-
ing Code, as applicable.
The
building thermal envelope shall meet the requirements of
Table R402.1.2, based on the climate zone specified in
Chapter 3.
Insulation material used
in layers, such as framing cavity insulation or continuous
insulation, shall be summed to compute the corresponding
component R-value. The manufacturer’s settled R-value
shall be used for blown-in insulation. Computed R-values
shall not include an R-value for other building materials or
air films. Where insulated siding is used for the purpose of
complying with the continuous insulation requirements of
Table R402.1.2, the manufacturer’s labeled R-value for
the insulated siding shall be reduced by R-0.6.
An assembly with a U-fac-
tor equal to or less than that specified in Table R402.1.4
shall be an alternative to the R-value in Table R402.1.2.
Where the total building
thermal envelope UA, the sum of U-factor times assembly
area, is less than or equal to the total UA resulting from
multiplying the U-factors in Table R402.1.4 by the same
assembly area as in the proposed building, the building
shall be considered to be in compliance with Table
R402.1.2. The UA calculation shall be performed using a
method consistent with the ASHRAE Handbook of Fun-
damentals and shall include the thermal bridging effects of
framing materials. In addition to UA compliance, the
SHGC requirements shall be met.
In
addition to the requirements of Section R402.1, insulation
shall meet the specific requirements of Sections R402.2.1
through R402.2.13.
Where Section
R402.1.2 requires R-49 insulation in the ceiling, installing R-
38 over 100 percent of the ceiling area requiring insulation
shall satisfy the requirement for R-49 insulation wherever
the full height of uncompressed R-38 insulation extends over
the wall top plate at the eaves. This reduction shall not apply
to the U-factor alternative approach in Section R402.1.4 and
the Total UA alternative in Section R402.1.5.
Where Section
R402.1.2 requires insulation R-values greater than R-30 in
the ceiling and the design of the roof/ceiling assembly does
not allow sufficient space for the required insulation, the
minimum required insulation R-value for such roof/ceiling
assemblies shall be R-30. Insulation shall extend over the
top of the wall plate to the outer edge of such plate and shall
not be compressed. This reduction of insulation from the
requirements of Section R402.1.2 shall be limited to 500
square feet (46 m2) or 20 percent of the total insulated ceil-
ing area, whichever is less. This reduction shall not apply to
the U-factor alternative approach in Section R402.1.4 and
the Total UA alternative in Section R402.1.5.
For air-permeable insulations in
vented attics, a baffle shall be installed adjacent to soffit
and eave vents. Baffles shall maintain an opening equal or
greater than the size of the vent. The baffle shall extend
over the top of the attic insulation. The baffle shall be per-
mitted to be any solid material.
Access doors from
conditioned spaces to unconditioned spaces such as attics
and crawl spaces shall be weatherstripped and insulated to
a level equivalent to the insulation on the surrounding sur-
faces. Access that prevents damaging or compressing the
insulation shall be provided to all equipment. Where
loose-fill insulation is installed, a wood-framed or equiva-
lent baffle or retainer shall be installed to prevent the
loose-fill insulation from spilling into the living space
when the attic access is opened. The baffle or retainer shall
provide a permanent means of maintaining the installed R-
value of the loose-fill insulation.
Vertical doors providing access from condi-
tioned spaces to unconditioned spaces that comply with
the fenestration requirements of Table R402.1.2.
a. Nonfenestration U-factors shall be obtained from measurement, calculation or an approved source.
b. Mass walls shall be in accordance with Section R402.2.5. Where more than half the insulation is on the interior, the mass wall U-factors shall not exceed 0.065.
0.27 0.50 0.026 0.045 0.056 0.029 0.042 0.042
NR = Not Required.
For SI: 1 foot = 304.8 mm.
a.R-values are minimums. U-factors and SHGC are maximums. Where insulation is installed in a cavity that is less than the label or design thickness of the
insulation, the installed R-value of the insulation shall be not less than the R-value specified in the table.
b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration.
c. “10/13” means R-10 continuous insulation on the interior or exterior of the home or R-13 cavity insulation on the interior of the basement wall.
“15/19” means R-15 continuous insulation on the interior or exterior of the home or R-19 cavity insulation at the interior of the basement wall. Alternatively,
compliance with “15/19” shall be R-13 cavity insulation on the interior of the basement wall plus R-5 continuous insulation on the interior or exterior of the
home.
d. R-5 insulation shall be provided under the full slab area of a heated slab in addition to the required slab edge insulation R-value for slabs. as indicated in the
table. The slab edge insulation for heated slabs shall not be required to extend below the slab.
e. There are no SHGC requirements in the Marine Zone.
f. Basement wall insulation is not required in warm-humid locations as defined by Figure R301.1.
g. Alternatively, insulation sufficient to fill the framing cavity and providing not less than an R-value of R-19.
h. The first value is cavity insulation, the second value is continuous insulation. Therefore, as an example, “13+5” means R-13 cavity insulation plus R-5
continuous insulation.
i. Mass walls shall be in accordance with Section R402.2.5. The second R-value applies where more than half of the insulation is on the interior of the mass wall.
0.27 0.50 0.40 49 20 or 13+5
h 13/17 30
g 15/19 10, 2 ft 15/19
Mass walls where used as a compo-
nent of the building thermal envelope shall be one of the
following:
1. Above-ground walls of concrete block, concrete,
insulated concrete form, masonry cavity, brick but
not brick veneer, adobe, compressed earth block,
rammed earth, solid timber or solid logs.
2. Any wall having a heat capacity greater than or
equal to 6 Btu/ft2 °F (123 kJ/m2 K).
Steel-
frame ceilings, walls, and floors shall comply with the
insulation requirements of Table R402.2.6 or the U-factor
requirements of Table R402.1.4. The calculation of the
U-factor for a steel-frame envelope assembly shall use a
series-parallel path calculation method.
Where
Section R402.1.2 requires continuous insulation on exte-
rior walls and structural sheathing covers 40 percent or less
of the gross area of all exterior walls, the required continu-
ous insulation R-value shall be permitted to be reduced by
an amount necessary, but not more than R-3 to result in a
consistent total sheathing thickness on areas of the walls
covered by structural sheathing. This reduction shall not
apply to the U-factor alternative in Section R402.1.4 and
the Total UA alternative in Section R402.1.5.
Floor framing-cavity insulation shall be
installed to maintain permanent contact with the underside
of the subfloor decking.
As an alternative, the floor framing-cavity
insulation shall be in contact with the topside of sheath-
ing or continuous insulation installed on the bottom side
of floor framing where combined with insulation that
meets or exceeds the minimum wood frame wall R-value
in Table R402.1.2 and that extends from the bottom to
the top of all perimeter floor framing members.
Walls associated with condi-
tioned basements shall be insulated from the top of the
basement wall down to 10 feet (3048 mm) below grade or
to the basement floor, whichever is less. Walls associated
with unconditioned basements shall comply with this
requirement except where the floor overhead is insulated
in accordance with Sections R402.1.2 and R402.2.8.
Slab-on-grade floors
with a floor surface less than 12 inches (305 mm) below
grade shall be insulated in accordance with Table R402.1.2.
The insulation shall extend downward from the top of the
slab on the outside or inside of the foundation wall. Insula-
tion located below grade shall be extended the distance pro-
vided in Table R402.1.2 by any combination of vertical
insulation, insulation extending under the slab or insulation
extending out from the building. Insulation extending away
from the building shall be protected by pavement or by not
less than 10 inches (254 mm) of soil. The top edge of the
insulation installed between the exterior wall and the edge
of the interior slab shall be permitted to be cut at a 45-degree
(0.79 rad) angle away from the exterior wall. Slab-edge
insulation is not required in jurisdictions designated by the
code official as having a very heavy termite infestation.
As an alternative to insu-
lating floors over crawl spaces, crawl space walls shall be
insulated provided that the crawl space is not vented to the
outdoors. Crawl space wall insulation shall be perma-
nently fastened to the wall and shall extend downward
from the floor to the finished grade elevation and then ver-
tically or horizontally for not less than an additional 24
inches (610 mm). Exposed earth in unvented crawl space
foundations shall be covered with a continuous Class I
vapor retarder in accordance with the International Build-
ing Code or International Residential Code, as applicable.
Joints of the vapor retarder shall overlap by 6 inches (153
mm) and be sealed or taped. The edges of the vapor
retarder shall extend not less than 6 inches (153 mm) up
stem walls and shall be attached to the stem walls.
a. The first value is cavity insulation R-value, the second value is continuous
insulation R-value. Therefore, for example, “R-30+3” means R-30 cavity
insulation plus R-3 continuous insulation.
b. Insulation exceeding the height of the framing shall cover the framing.
R-30 R-38 or R-30 + 3 or R-26 + 5
R-38 R-49 or R-38 + 3
R-49 R-38 + 5
R-30 R-38 in 2 × 4 or 2 × 6 or 2 × 8 R-49
in any framing
R-38 R-49 in 2 × 4 or 2 × 6 or 2 × 8 or 2 × 10
R-13 R-13 + 4.2 or R-21 + 2.8 or
R-0 + 9.3 or R-15 + 3.8 or R-21 + 3.1
R-13 + 3 R-0 + 11.2 or R-13 + 6.1 or R-15 + 5.7 or
R-19 + 5.0 or R-21 + 4.7
R-20 R-0 + 14.0 or R-13 + 8.9 or R-15 + 8.5 or
R-19 + 7.8 or R-19 + 6.2 or R-21 + 7.5
R-20 + 5 R-13 + 12.7 or R-15 + 12.3 or R-19 + 11.6 or
R-21 + 11.3 or R-25 + 10.9
R-21 R-0 + 14.6 or R-13 + 9.5 or R-15 + 9.1 or
R-19 + 8.4 or R-21 + 8.1 or R-25 + 7.7
R-13 R-0 + 9.3 or R-13 + 3.0 or R-15 + 2.4
R-13 + 3 R-0 + 11.2 or R-13 + 4.9 or R-15 + 4.3 or
R-19 + 3.5 or R-21 + 3.1
R-20 R-0 + 14.0 or R-13 + 7.7 or R-15 + 7.1 or
R-19 + 6.3 or R-21 + 5.9
R-20 + 5 R-13 + 11.5 or R-15 + 10.9 or R-19 + 10.1 or
R-21 + 9.7 or R-25 + 9.1
R-21 R-0 + 14.6 or R-13 + 8.3 or R-15 + 7.7 or
R-19 + 6.9 or R-21 + 6.5 or R-25 + 5.9
R-13 R-19 in 2 × 6, or R-19 + 6 in 2 × 8 or 2 × 10
R-19 R-19 + 6 in 2 × 6, or R-19 + 12 in 2 × 8 or 2 × 10
Insulation shall not be
required on the horizontal portion of a foundation that sup-
ports a masonry veneer.
Sunrooms enclosing con-
ditioned space shall meet the insulation requirements of
this code.
For sunrooms with thermal isolation, and
enclosing conditioned space, the following exceptions
to the insulation requirements of this code shall apply:
1. The minimum ceiling insulation R-value shall be
R-24.
2. The minimum wall insulation R-value shall be R-
13. Walls separating a sunroom with a thermal
isolation from conditioned space shall comply
with the building thermal envelope requirements
of this code.
In addition to the
requirements of Section R402, fenestration shall comply with
Sections R402.3.1 through R402.3.5.
An area-weighted average of fenestra-
tion products shall be permitted to satisfy the U-factor
requirements.
An area-weighted
average of fenestration products more than 50-percent
glazed shall be permitted to satisfy the SHGC requirements.
Dynamic glazing shall be permitted to satisfy the SHGC
requirements of Table R402.1.2 provided that the ratio of
the higher to lower labeled SHGC is greater than or equal to
2.4, and the dynamic glazing is automatically controlled to
modulate the amount of solar gain into the space in multiple
steps. Dynamic glazing shall be considered separately from
other fenestration, and area-weighted averaging with other
fenestration that is not dynamic glazing shall be prohibited.
Dynamic glazing shall not be required to
comply with this section where both the lower and
higher labeled SHGC comply with the requirements of
Table R402.1.2.
Not greater
than 15 square feet (1.4 m2) of glazed fenestration per
dwelling unit shall be exempt from the U-factor and SHGC
requirements in Section R402.1.2. This exemption shall not
apply to the U-factor alternative in Section R402.1.4 and
the Total UA alternative in Section R402.1.5.
One side-hinged
opaque door assembly not greater than 24 square feet
(2.22 m2) in area shall be exempt from the U-factor
requirement in Section R402.1.2. This exemption shall not
apply to the U-factor alternative in Section R402.1.4 and
the Total UA alternative in Section R402.1.5.
Sunrooms enclosing
conditioned space shall comply with the fenestration
requirements of this code.
For sunrooms with thermal isolation and
enclosing conditioned space, the fenestration U-factor
shall not exceed 0.45 and the skylight U-factor shall not
exceed 0.70.
New fenestration separating the sunroom with thermal
isolation from conditioned space shall comply with the
building thermal envelope requirements of this code.
The building thermal
envelope shall be constructed to limit air leakage in accor-
dance with the requirements of Sections R402.4.1 through
R402.4.5.
The building ther-
mal envelope shall comply with Sections R402.4.1.1 and
R402.4.1.2. The sealing methods between dissimilar materi-
als shall allow for differential expansion and contraction.
The components of the build-
ing thermal envelope as indicated in Table R402.4.1.1
shall be installed in accordance with the manufacturer’s
instructions and the criteria indicated in Table
R402.4.1.1, as applicable to the method of construc-
tion. Where required by the code official, an approved
third party shall inspect all components and verify com-
pliance.
The building or dwelling unit shall
be tested and verified as having an air leakage rate not
exceeding three air changes per hour. Testing shall be
conducted in accordance with RESNET/ICC 380,
ASTM E779 or ASTM E1827 and reported at a pres-
sure of 0.2 inch w.g. (50 Pascals). Where required by
the code official, testing shall be conducted by an
approved third party. A written report of the results of
the test shall be signed by the party conducting the test
and provided to the code official. Testing shall be per-
formed at any time after creation of all penetrations of
the building thermal envelope.
During testing:
1. Exterior windows and doors, fireplace and stove
doors shall be closed, but not sealed, beyond the
intended weatherstripping or other infiltration
control measures.
2. Dampers including exhaust, intake, makeup air,
backdraft and flue dampers shall be closed, but
not sealed beyond intended infiltration control
measures.
3. Interior doors, where installed at the time of the
test, shall be open.
4. Exterior or interior terminations for continuous
ventilation systems shall be sealed.
5. Heating and cooling systems, where installed at
the time of the test, shall be turned off.
6. Supply and return registers, where installed at the
time of the test, shall be fully open.
New wood-burning fireplaces shall
have tight-fitting flue dampers or doors, and outdoor com-
bustion air. Where using tight-fitting doors on factory-
built fireplaces listed and labeled in accordance with UL
127, the doors shall be tested and listed for the fireplace.
Windows, skylights
and sliding glass doors shall have an air infiltration rate of
not greater than 0.3 cfm per square foot (1.5 L/s/m2), and
for swinging doors, not greater than 0.5 cfm per square
foot (2.6 L/s/m2), when tested in accordance with NFRC
400 or AAMA/WDMA/CSA 101/I.S.2/A440 by an
accredited, independent laboratory and listed and labeled
by the manufacturer.
Site-built windows, skylights and doors.
Where open combustion air ducts provide combustion air
to open combustion fuel-burning appliances, the appli-
ances and combustion air opening shall be located outside
the building thermal envelope or enclosed in a room that is
isolated from inside the thermal envelope. Such rooms
shall be sealed and insulated in accordance with the enve-
lope requirements of Table R402.1.2, where the walls,
floors and ceilings shall meet not less than the basement
wall R-value requirement. The door into the room shall be
fully gasketed and any water lines and ducts in the room
insulated in accordance with Section R403. The combus-
tion air duct shall be insulated where it passes through
conditioned space to an R-value of not less than R-8.
1. Direct vent appliances with both intake and
exhaust pipes installed continuous to the outside.
2. Fireplaces and stoves complying with Section
R402.4.2 and Section R1006 of the International
Residential Code.
Recessed luminaires installed
in the building thermal envelope shall be sealed to limit air
leakage between conditioned and unconditioned spaces.
Recessed luminaires shall be IC-rated and labeled as having
an air leakage rate of not greater than 2.0 cfm (0.944 L/s)
when tested in accordance with ASTM E283 at a pressure
differential of 1.57 psf (75 Pa). Recessed luminaires shall
be sealed with a gasket or caulked between the housing and
the interior wall or ceiling covering.
The area-weighted average maximum fenestration
U-factor permitted using tradeoffs from Section R402.1.5
shall be 0.48 in Climate Zones 4 and 5 and 0.75 in Climate
Zones 4 through 8 for skylights.
Not less than one thermostat
shall be provided for each separate heating and cooling sys-
tem.
The thermostat
controlling the primary heating or cooling system of the
dwelling unit shall be capable of controlling the heating
and cooling system on a daily schedule to maintain differ-
ent temperature setpoints at different times of the day.
This thermostat shall include the capability to set back or
temporarily operate the system to maintain zone tempera-
tures of not less than 55°F (13°C) to not greater than 85°F
(29°C). The thermostat shall be programmed initially by
the manufacturer with a heating temperature setpoint of
not greater than 70°F (21°C) and a cooling temperature
setpoint of not less than 78°F (26°C).
Heat pumps having supplementary electric-resistance heat
shall have controls that, except during defrost, prevent
supplemental heat operation when the heat pump compres-
sor can meet the heating load.
The natural
gas systems and equipment listed here are not permitted to
have continuously burning pilot lights:
1. Fan-type central furnaces.
2. Household cooking appliances.
Household cooking appliances with-
out electrical supply voltage connections where
each pilot light consumes less than 150 Btu/hr.
3. Pool heaters.
4. Spa heaters.
5. Fireplaces.
Hot water boilers that supply heat to the building through
one- or two-pipe heating systems shall have an outdoor set-
back control that decreases the boiler water temperature
based on the outdoor temperature.
Ducts and air handlers shall be installed in
accordance with Sections R403.3.1 through R403.3.7.
Supply and return
ducts in attics shall be insulated to an R-value of not less
than R-8 for ducts 3 inches (76 mm) in diameter and larger
and not less than R-6 for ducts smaller than 3 inches (76
mm) in diameter. Supply and return ducts in other portions
of the building shall be insulated to not less than R-6 for
ducts 3 inches (76 mm) in diameter and not less than R-4.2
for ducts smaller than 3 inches (76 mm) in diameter.
Ducts or portions thereof located com-
pletely inside the building thermal envelope.
Ducts, air handlers and
filter boxes shall be sealed. Joints and seams shall comply
with either the International Mechanical Code or Interna-
tional Residential Code, as applicable.
Air handlers shall have
a manufacturer’s designation for an air leakage of not
greater than 2 percent of the design airflow rate when
tested in accordance with ASHRAE 193.
a. Inspection of log walls shall be in accordance with the provisions of ICC 400.
General requirements
A continuous air barrier shall be installed in the building
envelope.
The exterior thermal envelope contains a continuous air
barrier.
Breaks or joints in the air barrier shall be sealed.
Air-permeable insulation shall not be used as a
sealing material.
Ceiling/attic
The air barrier in any dropped ceiling or soffit shall be
aligned with the insulation and any gaps in the air barrier
shall be sealed.
Access openings, drop down stairs or knee wall doors to
unconditioned attic spaces shall be sealed.
The insulation in any dropped ceiling/soffit shall be
aligned with the air barrier.
Walls
The junction of the foundation and sill plate shall be sealed.
The junction of the top plate and the top of exterior walls
shall be sealed.
Knee walls shall be sealed.
Cavities within corners and headers of frame walls
shall be insulated by completely filling the cavity
with a material having a thermal resistance,
R-value, of not less than R-3 per inch.
Exterior thermal envelope insulation for framed walls
shall be installed in substantial contact and
continuous alignment with the air barrier.
Windows, skylights and doors The space between framing and skylights, and the jambs
of windows and doors, shall be sealed.—
Rim joists Rim joists shall include the air barrier.Rim joists shall be insulated.
Floors, including cantilevered
floors and floors above
garages
The air barrier shall be installed at any exposed edge of
insulation.
Floor framing cavity insulation shall be installed to
maintain permanent contact with the underside of
subfloor decking. Alternatively, floor framing
cavity insulation shall be in contact with the top side
of sheathing, or continuous insulation installed on
the underside of floor framing; and shall extend
from the bottom to the top of all perimeter floor
framing members.
Crawl space walls
Exposed earth in unvented crawl spaces shall be covered
with a Class I vapor retarder with overlapping joints
taped.
Crawl space insulation, where provided instead of
floor insulation, shall be permanently attached to
the walls.
Shafts, penetrations
Duct shafts, utility penetrations, and flue shafts
opening to exterior or unconditioned space shall be
sealed.
—
Narrow cavities —
Batts to be installed in narrow cavities shall be cut to
fit or narrow cavities shall be filled with insulation
that on installation readily conforms to the available
cavity space.
Garage separation Air sealing shall be provided between the garage and
conditioned spaces.—
Recessed lighting Recessed light fixtures installed in the building thermal
envelope shall be sealed to the finished surface.
Recessed light fixtures installed in the building
thermal envelope shall be air tight and IC rated.
Plumbing and wiring —
In exterior walls, batt insulation shall be cut neatly to
fit around wiring and plumbing, or insulation, that
on installation readily conforms to available space,
shall extend behind piping and wiring.
Shower/tub on exterior wall
The air barrier installed at exterior walls adjacent to
showers and tubs shall separate the wall from the
shower or tub.
Exterior walls adjacent to showers and tubs shall be
insulated.
Electrical/phone box on exterior
walls
The air barrier shall be installed behind electrical and
communication boxes. Alternatively, air-sealed boxes
shall be installed.
—
HVAC register boots
HVAC supply and return register boots that penetrate
building thermal envelope shall be sealed to the subfloor,
wall covering or ceiling penetrated by the boot.
—
Concealed sprinklers
Where required to be sealed, concealed fire sprinklers shall
only be sealed in a manner that is recommended by the
manufacturer. Caulking or other adhesive sealants shall
not be used to fill voids between fire sprinkler cover
plates and walls or ceilings.
—
Ducts shall be pres-
sure tested to determine air leakage by one of the follow-
ing methods:
1. Rough-in test: Total leakage shall be measured with
a pressure differential of 0.1 inch w.g. (25 Pa) across
the system, including the manufacturer’s air handler
enclosure if installed at the time of the test. Registers
shall be taped or otherwise sealed during the test.
2. Postconstruction test: Total leakage shall be mea-
sured with a pressure differential of 0.1 inch w.g.
(25 Pa) across the entire system, including the man-
ufacturer’s air handler enclosure. Registers shall be
taped or otherwise sealed during the test.
A duct air-leakage test shall not be required
where the ducts and air handlers are located entirely
within the building thermal envelope.
A written report of the results of the test shall be
signed by the party conducting the test and provided to
the code official.
The total leakage
of the ducts, where measured in accordance with Section
R403.3.3, shall be as follows:
1. Rough-in test: The total leakage shall be less than or
equal to 4 cubic feet per minute (113.3 L/min) per
100 square feet (9.29 m2) of conditioned floor area
where the air handler is installed at the time of the
test. Where the air handler is not installed at the time
of the test, the total leakage shall be less than or
equal to 3 cubic feet per minute (85 L/min) per 100
square feet (9.29 m2) of conditioned floor area.
2. Postconstruction test: Total leakage shall be less than
or equal to 4 cubic feet per minute (113.3 L/min) per
100 square feet (9.29 m2) of conditioned floor area.
Building fram-
ing cavities shall not be used as ducts or plenums.
Where
supply and return air ducts are partially or completely bur-
ied in ceiling insulation, such ducts shall comply with all
of the following:
1. The supply and return ducts shall have an insulation
R-value not less than R-8.
2. At all points along each duct, the sum of the ceiling
insulation R-value against and above the top of the
duct, and against and below the bottom of the duct,
shall be not less than R-19, excluding the R-value of
the duct insulation.
Where using a simulated energy performance analysis,
sections of ducts that are: installed in accordance with
Section R403.3.6; located directly on, or within 5.5
inches (140 mm) of the ceiling; surrounded with
blown-in attic insulation having an R-value of R-30 or
greater and located such that the top of the duct is not
less than 3.5 inches (89 mm) below the top of the insu-
lation, shall be considered as having an effective duct
insulation R-value of R-25.
For ducts
to be considered as inside a conditioned space, such ducts
shall comply with either of the following:
1. The duct system shall be located completely within
the continuous air barrier and within the building
thermal envelope.
2. The ducts shall be buried within ceiling insulation in
accordance with Section R403.3.6 and all of the fol-
lowing conditions shall exist:
2.1. The air handler is located completely within
the continuous air barrier and within the
building thermal envelope.
2.2. The duct leakage, as measured either by a
rough-in test of the ducts or a post-construc-
tion total system leakage test to outside the
building thermal envelope in accordance
with Section R403.3.4, is less than or equal
to 1.5 cubic feet per minute (42.5 L/min) per
100 square feet (9.29 m2) of conditioned
floor area served by the duct system.
2.3. The ceiling insulation R-value installed
against and above the insulated duct is
greater than or equal to the proposed ceiling
insulation R-value, less the R-value of the
insulation on the duct.
Mechanical system piping capable of carrying fluids
greater than 105°F (41°C) or less than 55°F (13°C) shall be
insulated to an R-value of not less than R-3.
Piping insula-
tion exposed to weather shall be protected from damage,
including that caused by sunlight, moisture, equipment
maintenance and wind. The protection shall provide
shielding from solar radiation that can cause degradation
of the material. Adhesive tape shall be prohibited.
Energy conservation
measures for service hot water systems shall be in accordance
with Sections R403.5.1 through R403.5.4.
Heated water circu-
lation systems shall be in accordance with Section
R403.5.1.1. Heat trace temperature maintenance systems
shall be in accordance with Section R403.5.1.2. Automatic
controls, temperature sensors and pumps shall be accessi-
ble. Manual controls shall be readily accessible.
Heated water circula-
tion systems shall be provided with a circulation pump.
The system return pipe shall be a dedicated return pipe
or a cold water supply pipe. Gravity and thermo-
syphon circulation systems shall be prohibited. Con-
trols for circulating hot water system pumps shall start
the pump based on the identification of a demand for
hot water within the occupancy. The controls shall
automatically turn off the pump when the water in the
circulation loop is at the desired temperature and when
there is no demand for hot water.
Electric heat trace sys-
tems shall comply with IEEE 515.1 or UL 515. Con-
trols for such systems shall automatically adjust the
energy input to the heat tracing to maintain the desired
water temperature in the piping in accordance with the
times when heated water is used in the occupancy.
Demand
recirculation water systems shall have controls that com-
ply with both of the following:
1. The controls shall start the pump upon receiving a
signal from the action of a user of a fixture or appli-
ance, sensing the presence of a user of a fixture or
sensing the flow of hot or tempered water to a fix-
ture fitting or appliance.
2. The controls shall limit the temperature of the water
entering the cold water piping to not greater than
104ºF (40ºC).
Insu-
lation for hot water piping with a thermal resistance, R-
value, of not less than R-3 shall be applied to the following:
1. Piping
3/4 inch (19.1 mm) and larger in nominal
diameter.
2. Piping serving more than one dwelling unit.
3. Piping located outside the conditioned space.
4. Piping from the water heater to a distribution mani-
fold.
5. Piping located under a floor slab.
6. Buried piping.
7. Supply and return piping in recirculation systems
other than demand recirculation systems.
Drain water
heat recovery units shall comply with CSA B55.2. Drain
water heat recovery units shall be tested in accordance
with CSA B55.1. Potable water-side pressure loss of drain
water heat recovery units shall be less than 3 psi (20.7
kPa) for individual units connected to one or two showers.
Potable water-side pressure loss of drain water heat recov-
ery units shall be less than 2 psi (13.8 kPa) for individual
units connected to three or more showers.
The building
shall be provided with ventilation that complies with the
requirements of the International Residential Code or Inter-
national Mechanical Code, as applicable, or with other
approved means of ventilation. Outdoor air intakes and
exhausts shall have automatic or gravity dampers that close
when the ventilation system is not operating.
Fans used to provide whole-house mechani-
cal ventilation shall meet the efficacy requirements of
Table R403.6.1.
Where an air handler that is integral to tested
and listed HVAC equipment is used to provide whole-
house mechanical ventilation, the air handler shall be
powered by an electronically commutated motor.
Heating and cooling equipment shall be sized in accor-
dance 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 mini-
mum required by federal law for the geographic location
where the equipment is installed.
Systems serving multiple dwelling units shall comply
with Sections C403 and C404 of the International Energy
Conservation Code—Commercial Provisions instead of Sec-
tion R403.
Snow- and ice-melting systems, supplied through energy ser-
vice to the building, shall comply with Sections R403.9.1 and
R403.9.2.
Snow melt and ice systems shall
include automatic controls capable of shutting off the sys-
tem when the pavement temperature is greater than 50°F
(10°C) and precipitation is not falling, and an automatic or
manual control that will allow shutoff when the outdoor
temperature is greater than 40°F (4.8°C).
Energy use by snow
and ice melt systems shall be offset by on-site renewable
energy generation equipment designed to provide 34,425
BTUs per square foot of installed ice melt system per year.
Plans shall be submitted that detail the type, size and loca-
tion of the on-site renewable energy generation equip-
ment.
A separate building permit is required for on-site
renewable energy generation equipment.
The energy consumption of pools and perma-
nent spas shall be in accordance with Sections R403.10.1
through R403.10.3.
The electric power to heaters shall be
controlled by a readily accessible on-off switch that is an
integral part of the heater mounted on the exterior of the
heater, or external to and within 3 feet (914 mm) of the
heater. Operation of such switch shall not change the set-
ting of the heater thermostat. Such switches shall be in
addition to a circuit breaker for the power to the heater.
Heated pools shall be heated by solar thermal or other
equipment that does not rely directly or indirectly on the
burning of fossil fuels or shall have their energy use offset
by on-site renewable energy generation equipment equiva-
lent to the energy use of the swimming pool.
1. Unheated pools.
2. Pools having less than 200 square feet (18.6 m
2)
of water surface area are exempt from the
requirements to provide renewable energy.
Time switches or other control
methods that can automatically turn off and on according
to a preset schedule shall be installed for heaters and pump
motors. Heaters and pump motors that have built-in time
switches shall be in compliance with this section.
1. Where public health standards require 24-hour
pump operation.
2. Pumps that operate solar- and waste-heat-recov-
ery pool heating systems.
Outdoor heated pools and outdoor per-
manent spas shall be provided with a vapor-retardant
cover or other approved vapor-retardant means.
Where more than 75 percent of the energy
for heating, computed over an operation season of not
less than three calendar months, is from a heat pump or
an on-site renewable energy system, covers or other
vapor-retardant means shall not be required.
Swimming pool filters shall be car-
tridge-type filters.
Swimming pool pumps shall be multi-
speed pumps.
For the purpose of calculat-
ing the energy use of swimming pools, the following are
assumed:
1. Swimming pool season.
1.1. Outdoor pools: 3 months.
1.2. Indoor pools: 12 months.
2. Pool heating temperature: 82°F (28°C) or less.
3. On-site renewable energy requirements: 29,000
BTUs per square foot of pool surface area per year.
This section is not intended to limit the season or
temperature of swimming pools.
The energy consump-
tion of electric-powered portable spas shall be controlled by
the requirements of APSP 14.
Residential swimming pools and permanent residential
spas that are accessory to detached one- and two-family
dwellings and townhouses three stories or less in height
above grade plane and that are available only to the house-
hold and its guests shall be in accordance with APSP 15.
Any energy use by indoor or
outdoor spas must be offset by on-site renewable energy gen-
eration equivalent to the energy use by the spa. Plans must
show the annual energy use of the spa, the calculation method
used to determine the expected energy use, and the on-site
renewable energy system(s) that will be used to offset the
energy used by the spa. All spas must be equipped with an
insulated cover that is listed to provide a minimum R-value of
at least 12.
Spas and hot tubs that have been tested and
listed for compliance with the requirements of the Califor-
nia Energy Commission (CEC) Title 20 [standby power
for portable electric spas shall be not greater than 5(V 2/3)
watts where V = the total volume of the spa in gallons],
and are less than 64 square feet (5.9 m2) in surface area
shall be exempted from the requirement to offset their
energy usage by on-site renewable energy generation.
Spas larger than 64 square feet (5.9 m2) in surface area that
are certified to meet the requirements of the CEC shall off-
set their requirements at the rate of 140,000 BTUs per
square foot per year.
The requirements of
this section apply to spas that do not meet the exception in
Section R403.13.
Spa season: 12 months
On-site renewable energy requirements: 430,000 BTUs
per square foot per year
Not less than 90
percent of the permanently installed lighting fixtures shall
contain only high-efficacy light sources.
Fuel gas
lighting systems shall not have continuously burning pilot
lights.
Connected
exterior lighting for Group R-2, R-3 and R-4 buildings
shall comply with Section C405.5 of this code.
1. Solar-powered lamps not connected to any elec-
trical service.
2. Luminaires controlled by a motion sensor.
The building shall be provided with electric vehicle
(EV) charging in accordance with this section and the
National Electrical Code (NFPA 70). Where parking spaces
are added or modified without an increase in building size,
only the new parking spaces are subject to this requirement.
The number of parking spaces can be determined by actual
spaces provided or consistent with Boulder’s Municipal
Code, Title 9: Land Use Code, Chapter 9: Development Stan-
dards, 9-9-6: Parking Standards.
Each dwelling unit with a dedicated attached or
detached garage shall be provided with at least one electric
vehicle ready space. The branch circuit shall be identified
as “EV Ready” in the service panel or subpanel directory,
and the termination location shall be marked as “EV
Ready.”
Group-R occupancies
with three or more dwelling units and/or sleeping units
shall be provided with electric vehicle charging in accor-
dance with Table R4042.2. Calculations for the number of
spaces shall be rounded up to the nearest whole number.
Construction documents shall
designate all EV capable spaces, EV ready spaces and elec-
tric vehicle supply equipment (EVSE) installed spaces and
indicate the locations of conduit and termination points
serving them. The circuits or spaces reserved for the cir-
cuits for EV capable spaces, EV ready spaces and EVSE
installed spaces shall be clearly identified in the panel or
subpanel directory. The conduit for EV capable spaces
shall be clearly identified at both the panel or subpanel and
the termination point at the parking space.
Where new EVSE installed
spaces and/or new EV ready spaces and new accessible
parking, as defined by the City of Boulder Building Code,
Chapter 11, are both provided, parking facilities shall be
designed so that at least one accessible parking space shall
be EV ready or EVSE installed.
This section establishes criteria for compli-
ance using an Energy Rating Index (ERI) analysis.
Compliance with this sec-
tion requires that the provisions identified in Sections R401
through R404 indicated as “Mandatory” and Section R403.5.3
be met. The building thermal envelope shall be greater than or
equal to levels of efficiency in Table 402.1.2 or 402.1.4.
Supply and return ducts not completely inside
the building thermal envelope shall be insulated to an R-
value of not less than R-6.
The Energy Rating Index
(ERI) shall be determined in accordance with RESNET/ICC
301 except for buildings covered by the International Resi-
dential Code.
Energy used to recharge or refuel a vehicle used for trans-
portation on roads that are not on the building site shall not be
included in the ERI reference design or the rated design.
Compliance based on an
ERI analysis requires that the rated design be shown to have
an ERI less than or equal to the appropriate value indicated in
Table R406.4 and Figure R406.4 when compared to the ERI
reference design.
a. The exact Energy Rating Index requirements may be calculated using the
City of Boulder ERI Calculator for New Buildings by entering the
building floor area. The City of Boulder ERI Calculator for New
Buildings can be found at www.BoulderEnergyCode.com.
Renewable energy systems
may contribute to compliance using the ERI analysis of
Section R406.4
Renewable energy
systems used for compliance with Section 406.4 must be
permanently installed on the property of the building.
1. The code official
shall have the authority to approve the purchase
of an off-site solar subscription to meet the
requirements of Section R406.4 where meeting
the required ERI on the property of the building
is technically infeasible, which is a condition that
exists where the following requirements have
been met:
a. It has been demonstrated to the code offi-
cial that it is not possible to install an on-
site solar array that is unshaded for more
than 70 percent of daylight hours annually.
b. The building has demonstrated an ERI of
50 or less for new construction without on-
site renewable energy production or 60 or
less for alterations without on-site renew-
able energy production.
c. The submittal documents for such request
shall include an ERI compliance report that
includes the size and annual kWh produc-
tion of the hypothetical on-site renewable
energy system that would be required to
achieve an ERI score of 0.
The property of the building shall be identified
in the contract as the physical location to which
the subscription is attributed.
2. Where meeting the
required ERI on the property of the building is
technically infeasible and off-site solar subscrip-
tions are unavailable, the code official shall have
the authority to approve a one-time contribution
to the City of Boulder’s Energy Impact Offset
Fund equal to or greater than the value calculated
in accordance with Equation 4-1, which is rea-
sonably and approximately equivalent to the
1–25 spaces 1 None None
> 25
spaces
10% of
spaces
40% of
spaces
5% of spaces
(minimum one
dual port
charging station)
500 to 1,499 50
1,500 to 2,499 50 – (SQFT floor
area – 1,500) * 0.008
2,500 to 2,999 42 – (SQFT floor
area – 4,000) * 0.04
> 3,000 0
energy offset that would be achieved through the
original requirements of R406.4.2, Exception 1,
Offsite Renewable Energy.
EIO = AP × 20 years × $0.0216
where:
EIO = Energy impact offset.
AP = Annual production in kWh/yr of the
hypothetical on-site renewable system
required to achieve the building’s ERI
score.
Verification of
compliance with Section R406 shall be completed by an
approved third party.
Documentation of the software
used to determine the ERI and the parameters for the residen-
tial building shall be in accordance with Sections R406.6.1
through R406.6.3.
Software tools
used for determining ERI shall be Approved Software Rat-
ing Tools in accordance with RESNET/ICC 301.
Compliance software tools
shall generate a report that documents that the ERI of the
rated design complies with Sections R406.3 and R406.4.
The compliance documentation shall include the following
information:
1. Address or other identification of the residential
building.
2. An inspection checklist documenting the building
component characteristics of the rated design. The
inspection checklist shall show results for both the
ERI reference design and the rated design, and shall
document all inputs entered by the user necessary to
reproduce the results.
3. Name of individual completing the compliance report.
4. Name and version of the compliance software tool.
Where an otherwise identical building
model is offered in multiple orientations, compliance for
any orientation shall be permitted by documenting that
the building meets the performance requirements in
each of the four (north, east, south and west) cardinal
orientations.
The code official
shall be permitted to require the following documents:
1. Documentation of the building component charac-
teristics of the ERI reference design.
2. A certification signed by the builder providing the
building component characteristics of the rated
design.
3. Documentation of the actual values used in the soft-
ware calculations for the rated design.
Performance analysis tools
meeting the applicable sections of Section R406 shall be
approved. Documentation demonstrating the approval of
performance analysis tools in accordance with Section
R406.6.1 shall be provided.
Where calculations require input
values not specified by Sections R402, R403 and R404,
those input values shall be taken from RESNET/ICC 301.
New detached one- and two-family dwell-
ings and townhouses with not less than 600 square feet (55.74
m2) of roof area oriented between 110 degrees and 270
degrees true north shall comply with this section.
1. New residential buildings with a permanently
installed on-site renewable energy system.
2. A building with a solar-ready zone that is shaded for
more than 70 percent of daylight hours annually.
Construc-
tion documents shall indicate the solar-ready zone.
The total solar-ready zone
area shall be not less than 300 square feet (27.87 m2), exclu-
sive of mandatory access or setback areas as required by the
International Fire Code. New townhouses three stories or
less in height above grade plane and with a total floor area
less than or equal to 2,000 square feet (185.8 m2) per dwelling
shall have a solar-ready zone area of not less than 150 square
feet (13.94 m2). The solar-ready zone shall be composed of
areas not less than 5 feet (1524 mm) in width and not less
than 80 square feet (7.43 m2), exclusive of access or setback
areas as required by the International Fire Code.
Solar-ready zones shall be free
from obstructions, including but not limited to vents,
chimneys and roof-mounted equipment.
The structural
design loads for roof dead load and roof live load shall be
clearly indicated on the construction documents.
Construction documents
shall indicate pathways for routing of conduit or plumbing
from the solar-ready zone to the electrical service panel or
service hot water system.
The main electri-
cal service panel shall have a reserved space to allow installa-
tion of a dual pole circuit breaker for future solar electric
installation and shall be labeled “For Future Solar Electric.”
The reserved space shall be positioned at the opposite (load)
end from the input feeder location or main circuit location.
A perma-
nent certificate, indicating the solar-ready zone and other
requirements of this section, shall be posted near the electri-
cal distribution panel, water heater or other conspicuous loca-
tion by the builder or registered design professional.
User note:
About this chapter: Many buildings are renovated or altered in numerous ways that could affect the energy use of the building as a whole.
Chapter 5 requires the application of certain parts of Chapter 4 in order to maintain, if not improve, the conservation of energy by the reno-
vated or altered building.
The provisions of this chapter shall control
the alteration, repair, addition and change of occupancy of
existing buildings and structures.
Additions, alterations, or repairs to an existing building,
building system or portion thereof shall comply with Sec-
tion R502, R503 or R504. Unaltered portions of the exist-
ing building or building supply system shall not be
required to comply with this code.
Except as specified in this chap-
ter, this code shall not be used to require the removal, alter-
ation or abandonment of, nor prevent the continued use and
maintenance of, an existing building or building system law-
fully in existence at the time of adoption of this code.
Buildings and structures, and parts
thereof, shall be maintained in a safe and sanitary condition.
Devices and systems that are required by this code shall be
maintained in conformance to the code edition under which
installed. The owner or the owner’s authorized agent shall be
responsible for the maintenance of buildings and structures.
The requirements of this chapter shall not provide the basis for
removal or abrogation of energy conservation, fire protection
and safety systems and devices in existing structures.
Alterations, repairs, additions and
changes of occupancy to, or relocation of, existing buildings
and structures shall comply with the provisions for alterations,
repairs, additions and changes of occupancy or relocation,
respectively, in this code and the International Residential
Code, International Building Code, International Existing
Building Code, International Fire Code, International Fuel
Gas Code, International Mechanical Code, International
Plumbing Code, International Property Maintenance Code,
International Private Sewage Disposal Code and NFPA 70.
Any two or more build-
ing permits for the same dwelling unit that are applied for
in any 24-month period shall be considered as one permit
for the purpose of determining and meeting the require-
ments of Section R501.4.
Permits issued for repairs only.
Except as other-
wise required or permitted by this code, materials permitted
by the applicable code for new construction shall be used.
Like materials shall be permitted for repairs, provided that
hazards to life, health or property are not created. Hazardous
materials shall not be used where the code for new construc-
tion would not allow their use in buildings of similar occu-
pancy, purpose and location.
Provisions of this code relating
to the construction, repair, alteration, restoration and move-
ment of structures, and change of occupancy shall not be
mandatory for historic buildings provided that a report has
been submitted to the code official and signed by the owner, a
registered design professional, or a representative of the State
Historic Preservation Office or the historic preservation
authority having jurisdiction, demonstrating that compliance
with that provision would threaten, degrade or destroy the
historic form, fabric or function of the building.
Additions to an existing building, building
system or portion thereof shall conform to the provisions of this
code as those provisions relate to new construction without
requiring the unaltered portion of the existing building or build-
ing system to comply with this code. Additions shall not create
an unsafe or hazardous condition or overload existing building
systems. Additions shall be in accordance with Section
R502.1.1. Additions with more than 1,000 square feet of condi-
tioned floor area shall also comply with Section R502.1.2.
Additions shall com-
ply with Sections R502.1.1.1 through R502.1.1.4.
New building envelope
assemblies that are part of the addition shall comply
with Sections R402.1, R402.2, R402.3.1 through
R402.3.5, and R402.4.
Where unconditioned space is changed
to conditioned space, the building envelope of the
addition shall comply where the Total UA, as deter-
mined in Section R402.1.5, of the existing building
and the addition, and any alterations that are part of
the project, is less than or equal to the Total UA gen-
erated for the existing building.
New heat-
ing, cooling and duct systems that are part of the addi-
tion shall comply with Section R403.
Where ducts from an existing heating
and cooling system are extended to an addition, duct
systems with less than 40 linear feet (12.19 m) in
unconditioned spaces shall not be required to be
tested in accordance with Section R403.3.3.
New service
hot water systems that are part of the addition shall
comply with Section R403.5.
New lighting systems that are
part of the addition shall comply with Section R404.1.
The entire building (the addi-
tion and the existing structure) shall have an ERI calcu-
lated consistent with the following:
1. ERI = 115 – (points per total finished floor area) –
(points per % increase in total finished floor area).
2. The ERI (points per total finished floor area) shall
be established consistent with the requirements of
Table R502.1.2(1). The point values of Table
R502.1.2(1) are applied in ranges and only within
those ranges. For example, for a home with a total
conditioned square footage of 2,200 square feet, the
first 1,999 square feet would have 0.016 ERI points
per square foot while the next 201 square feet or
would have 0.007 ERI points per square foot.
3. The ERI points for each percentage of increase in
square footage shall be established consistent with
the requirements of Table R502.1.2(2). The point
values of Table R502.1.2(2) are applied in ranges and
only within those ranges. For example, an addition
that creates a 30-percent increase in square footage
will have 25 percent of the increase associated with
80 points and the next 5 percent of the increase asso-
ciated with 10 ERI points per percentage increase.
4. The applicable ERI shall be determined in accor-
dance with the ANSI/RESNET/ICC 301—2014
Standard.
5. Table R502.1.2(3) summarizes the ERI require-
ments, but is illustrative only as it does not show the
applicable ERI for all possible scenarios.
6. For the purposes of this section, the term “total fin-
ished floor area” refers to the square footage of the
building after any demolition and additions associ-
ated with the project are completed.
Alterations to any building or structure
shall comply with the requirements of this section. Alter-
ations shall be such that the existing building or structure is
not less conforming to the provisions of this code than the
existing building or structure was prior to the alteration.
Alterations shall not create an unsafe or hazardous condi-
tion or overload existing building systems. Alterations shall
be such that the existing building or structure does not use
more energy than the existing building or structure prior to
the alteration. Alterations to existing buildings shall comply
with Sections R503.1.1 through R503.2. Level 3 alterations
shall also comply with Section R503.3. Level 4 alterations
shall also comply with Section R503.4.
Building envelope assem-
blies that are part of the alteration shall comply with Sec-
tion R402.1.2 or R402.1.4, Sections R402.2.1 through
R402.2.13, R402.3.1, R402.3.2, R402.4.3 and R402.4.5.
The following alterations shall not be
required to comply with the requirements for new con-
struction provided that the energy use of the building is
not increased:
1. Storm windows installed over existing fenestra-
tion.
2. Existing ceiling, wall or floor cavities exposed
during construction provided that these cavities
are filled with insulation.
3. Construction where the existing roof, wall or
floor cavity is not exposed.
4. Roof re-cover.
5. Roofs without insulation in the cavity and where
the sheathing or insulation is exposed during
reroofing shall be insulated either above or below
the sheathing.
6. Surface-applied window film installed on exist-
ing single pane fenestration assemblies to reduce
solar heat gain provided that the code does not
require the glazing or fenestration assembly to be
replaced.
Where some or
all of an existing fenestration unit is replaced with a
new fenestration product, including sash and glazing,
the replacement fenestration unit shall meet the appli-
cable requirements for U-factor and SHGC as specified
1,000 to 1,999 0.016
2,000 to 3,999 0.007
≥ 4,000 0.019
< 26%80
26% to 75%10
> 75%15
in Table R402.1.2. Where more than one replacement
fenestration unit is to be installed, an area-weighted
average of the U-factor, SHGC or both of all replace-
ment fenestration units shall be an alternative that can
be used to show compliance.
New heating,
cooling and duct systems that are part of the alteration
shall comply with Section R403.
Where ducts from an existing heating and
cooling system are extended, duct systems with less than
40 linear feet (12.19 m) in unconditioned spaces shall
not be required to be tested in accordance with Section
R403.3.3.
New service hot
water systems that are part of the alteration shall comply
with Section R403.5.
New lighting systems that are part of
the alteration shall comply with Section R404.1.
Alterations that replace less than 50 percent
of the luminaires in a space, provided that such alter-
ations do not increase the installed interior lighting
power.
Any nonconditioned
or low-energy space that is altered to become conditioned
space shall be required to be brought into full compliance
with this code.
Where the energy rating index compliance
alternative in Section R406 is used to comply with this
section, the annual energy cost of the proposed design is
permitted to be 110 percent of the annual energy cost oth-
erwise allowed by Section R406.
Where the building undergoes a
Level 3 alteration, the building shall have an ERI in accor-
dance with one of the following:
1. Demonstrate that the rated design of the altered build-
ing has an ERI less than or equal to 50.
2. Demonstrate that the ERI of the rated design for the
altered building is not less than 30 percent lower than
the ERI of the rated design for the building before the
alteration, and not higher than an ERI of 85.
Where the building undergoes a
Level 4 alteration, the building shall comply with Section
R406 as new construction. Rated designs are permitted to be
10 percent greater than allowed by Section R406.4.
*NR = Not Required
NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR
NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR
NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR
NR NR NR NR NR NR NR NR NR NR NR NR NR NR NR 70 69 68 67 67
NR NR NR NR NR NR NR NR NR NR NR NR NR 67 66 66 65 64 63 63
NR NR NR NR NR NR NR NR NR NR NR 64 63 63 62 62 61 60 59 59
NR NR NR NR NR NR NR NR NR 61 61 60 60 59 59 58 57 56 56 55
NR NR NR NR NR NR NR NR 60 59 59 58 58 57 57 56 55 55 54 53
NR NR NR NR NR NR NR 59 58 58 57 57 56 56 55 54 54 53 52 51
NR NR NR NR NR NR NR 57 56 56 55 55 54 54 53 53 52 51 50 50
NR NR NR NR NR NR 56 55 55 54 54 53 53 52 52 51 50 49 49 48
NR NR NR NR NR NR 54 53 53 52 52 51 51 50 50 49 48 48 47 46
NR NR NR NR NR 53 52 52 51 51 50 50 49 49 48 47 47 46 45 44
NR NR NR NR NR 51 50 50 49 49 48 48 47 47 46 46 45 44 43 43
NR NR NR NR 49 49 48 48 47 47 46 46 45 45 44 44 43 42 41 41
NR NR NR NR 45 44 44 43 43 42 42 41 41 40 30 39 38 37 37 36
NR NR NR NR 40 39 39 38 38 37 37 36 36 35 35 34 33 33 32 31
NR NR NR NR 35 35 34 34 33 33 32 32 31 31 40 29 29 28 27 26
NR NR NR 34 30 30 29 29 28 28 27 27 26 26 25 25 24 23 22 22
Buildings, structures and parts thereof shall
be repaired in compliance with Section R501.3 and this sec-
tion. Work on nondamaged components necessary for the
required repair of damaged components shall be considered
to be part of the repair and shall not be subject to the require-
ments for alterations in this chapter. Routine maintenance
required by Section R501.3, ordinary repairs exempt from
permit, and abatement of wear due to normal service condi-
tions shall not be subject to the requirements for repairs in
this section.
For the purposes of this code, the fol-
lowing shall be considered to be repairs:
1. Glass-only replacements in an existing sash and frame.
2. Roof repairs.
3.Repairs where only the bulb, ballast or both within the
existing luminaires in a space are replaced provided
that the replacement does not increase the installed
interior lighting power.
Spaces undergoing a change in occupancy
that would result in an increase in demand for either fossil
fuel or electrical energy shall comply with this code.
Any space that is converted to a dwelling
unit or portion thereof from another use or occupancy shall
comply with this code.
Where ERI-based compliance in Section
R406.4 is used to comply with this section, the building
shall comply with Section R406 as new construction.
Rated designs are permitted to be 10 percent greater than
allowed by Section R406.4.
User note:
About this chapter: This code contains numerous references to standards promulgated by other organizations that are used to provide
requirements for materials and methods of construction. Chapter 6 contains a comprehensive list of all standards that are referenced in this
code. These standards, in essence, are part of this code to the extent of the reference to the standard.
This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating
agency of the standard, the standard identification, the effective date and title, and the section or sections of this document that reference the
standard. The application of the referenced standards shall be as specified in Section R107
American Architectural Manufacturers Association
1827 Walden Office Square
Suite 550
Schaumburg, IL 60173-4268
R402.4.3
Air Conditioning Contractors of America
2800 Shirlington Road, Suite 300
Arlington, VA 22206
R403.7
R403.7
The Association of Pool & Spa Professionals
2111 Eisenhower Avenue, Suite 500
Alexandria, VA 22314
R403.11
R403.12
ASHRAE
1791 Tullie Circle NE
Atlanta, GA 30329
R402.1.5
R403.3.2.1
ASTM International
100 Barr Harbor Drive, P.O. Box C700
West Conshohocken, PA 19428-2959
R303.1.4.1
ASTM—continued
R402.4.4
R402.4.1.2
R402.4.1.2
CSA Group
8501 East Pleasant Valley Road
Cleveland, OH 44131-5516
R402.4.3
R403.5.4
R403.5.4
Door & Access Systems Manufacturers Association
1300 Sumner Avenue
Cleveland, OH 44115-2851
R303.1.3
Home Ventilating Institute
1000 North Rand Road, Suite 214
Wauconda, IL 60084
Table R403.6.1
International Code Council, Inc.
500 New Jersey Avenue NW
6th Floor
Washington, DC 20001
R403.11
R403.12
R201.3, R303.1.1, R303.2, R402.1.1, R501.4
R402.1, Table R402.5.1.1
R501.4
R101.4.1, R403.8
Table R406.4
R406.2
ICC—continued
R202
R201.3, R501.4
R201.3, R501.4
R201.3, R403.3.2, R403.3.6, R403.6, R501.4
R201.3, R501.4
R501.4
R501.4
R201.3, R303.1.1, R303.2, R402.1.1, R402.2.11, R403.3.2, R403.3.6, R403.6, R501.4
R406.3
R402.4.1.2
Institute of Electrical and Electronic Engineers, Inc.
3 Park Avenue, 17th Floor
New York, NY 10016-5997
R403.5.1.2
National Fire Protection Association
1 Batterymarch Park
Quincy, MA 02169-7471
R501.4
National Fenestration Rating Council, Inc.
6305 Ivy Lane, Suite 140
Greenbelt, MD 20770
R303.1.3
R303.1.3
R402.4.3
Residential Energy Services Network, Inc.
P.O. Box 4561
Oceanside, CA 92052-4561
R406.3, R406.6.1, R406.6.5
RESNET—continued
R402.4.1.2
UL LLC
333 Pfingsten Road
Northbrook, IL 60062
R402.4.2
R403.5.1.2
United States-Federal Trade Commission
600 Pennsylvania Avenue NW
Washington, DC 20580
R303.1.4
Window and Door Manufacturers Association
2025 M Street NW, Suite 800
Washington, DC 20036-3309
R402.4.3
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: March 3, 2020
AGENDA TITLE
Consideration of a motion to amend the Council Rules of Procedure and Working
Agreements as discussed by council at the 2018 Council Retreat.
PRESENTERS
Tom Carr, City Attorney
Lynnette Beck, City Clerk
EXECUTIVE SUMMARY
At the 2020 Council Retreat, council members discussed potential changes to the Council Rules
of Procedure (Attachment A) and the Council Working Agreements (Attachment B). Council
amends its rules of procedure through motion. Council discussed these rule changes at the
February 18, 2020 council meeting. Attachment A did not include all of the proposed changes.
A new Attachment A is attached with the proposed changes. Changes are highlighted in bold in
the list below.
STAFF RECOMMENDATION
Suggested Motion Language
Staff requests council consideration of this matter and action in the form of the
following motion:
Motion to amend the Council Rules of Procedure, as set forth in Attachment A and the
Council Working Agreements as set forth in Attachment B.
Item 3G Amending Council Rules of
Procedure & Working Agreements Page 1
BACKGROUND
Council considered proposed changes to the Council Rules of Procedure and Working
Agreements at the annual Council Retreat on January 17, 2020. Council directed staff to draft
the proposed amendments. The proposed amendments included a rule allowing for members
other than the Mayor to chair study sessions, to limit the conditions under which emergency
measures are proposed, to allow for matters of significant public interest to be placed first on the
agenda and to provide for a potential change in the meeting time for the Council Agenda
Committee. In addition, while reviewing the rules staff identified several minor cleanup matters.
All changes are detailed below. The proposed amended rules are in Attachment A. Council also
directed that staff amend the Working Agreements to limit the provision prohibiting electronic
communications during meetings to quasi-judicial hearings. Staff also recommends eliminating
a provision allowing the Mayor to adjust a speaker’s time, because this is covered specifically in
the Council Rules of Procedures. The proposed amended Working Agreements are in
Attachment B.
Proposed Changes to the Council Rules of Procedure
Section I – Presiding Officers: Mayor and Mayor Pro Tem
Limit the provision designating the Mayor as Chair to apply only to regular council
meetings.
Specify that a conflict of interest means a violation of the code of conduct as set forth in
Section 2-7-2, B.R.C. 1981.
Section II – Communication with Council
Eliminate superfluous language and clarify that now all council correspondence is
published online (Subsection b).
Clarify that open comment is available for “up to” 45 minutes (Subsection c).
Section III – Agenda
Eliminate language specifying the time and place for the Council Agenda
Committee meeting (Subsection b).
Eliminate superfluous language relating to the Mayor Pro Tem (Subsection b).
Eliminate superfluous numbering (Subsection d).
Clarify that the CAC should not schedule meetings longer that four and one-half hours
(Subsection e.10).
Section IV – Council Meeting Agenda
Eliminate the requirement that the clerk specify the method used for
randomization. This was done initially, when there was some concern about
whether the results would be random. These concerns appear to have been
addressed and the clerk has discontinued this practice (Subsection a.2.C).
Item 3G Amending Council Rules of
Procedure & Working Agreements Page 2
Eliminate the requirement that the Mayor announce separately the names of the
individuals selected from the in person signup (Subsection a.2.C).
Correct the title for “Matters from the Mayor and Members of Council” (Subsection
a.3.A) (Subsection a.4) (Subsection a.6).
Allow for matters of substantial public interest to be placed first on the agenda
(Subsection a.5).
Provide that no more than two substantive public hearings shall be scheduled at any one
council meeting (Subsection a.5).
Eliminate “Discussion Items” because council has not scheduled such items
(Subsection a.9).
Renumber subsections a.10 and a.11.
Section V – Rules of Speaking (no changes)
Section VI – Procedure in Handling Motions (no changes)
Section VII – Procedures in Handling Ordinances, Resolutions and Important Motions
Provide that emergency measures should be limited to the quarterly supplement, matters
in which there is a deadline and matters affecting life, health or safety (Subsection f).
Section VIII – Voting (no changes)
Section IX – Nominations and Elections
Eliminate the reference to statements at the first meeting in November. This was
discontinued, but this language was not removed (Subsection b).
Clarify the requirements for expressing interest (Subsection e).
Section X – Research and Study Sessions
Allow for rotation of study session chair (Subsection c).
Eliminate the requirement for advance study session summaries (Subsection c).
Section XI – Procedure in Handling Major Capital Improvement Projects (no changes)
Section XII – Council Calendar (no changes)
Section XIII – Council Member Appointments
Add the Colorado Chautauqua Association.
Reflect the name change of the Urban Drainage and Flood Control District to
the Mile High Flood District and correct the name of the US 36 Mayors and
Commissioners Coalition.
Item 3G Amending Council Rules of
Procedure & Working Agreements Page 3
Section XIV – Parliamentary Procedure (no changes)
Section XV – Declaration, Proclamations and Resolutions
Eliminate the reference to proclamations because there is no reference to
proclamations in the section.
Section XVI – Rules of Decorum
Extend the prohibition against large signs to any meeting room because council
has expressed an interest in holding some meetings outside of council chambers
(Subsection b.9).
Eliminate the prohibition against electronic communications during council
meetings (Subsection d.9).
Section XVII – Record Retention for Executive Sessions (no changes)
Proposed Changes to the Council Working Agreements
Under “Council Process”:
Eliminate the provision allowing the Mayor to adjust a speaker’s time.
Limit the prohibition against electronic communications to quasi-judicial
hearings.
ATTACHMENTS
Attachment A – Proposed Amended Council Rules of Procedure
Attachment B – Proposed Amended Council Working Agreements
Item 3G Amending Council Rules of
Procedure & Working Agreements Page 4
Boulder Revised Code Title 2 – Government Organization Appendix ‐ Council Procedure
Adopted: February 21, 1982 (by Council motion only)
Effective: January 1, 1983
Amended: June 21, 1983
Adopted: February 21, 1984
Amended: September 1984
Amended: June 1986
Amended: March 1988
Amended: May 1990
Amended: May 1992
Amended June 1992
Amended: February 1994
Amended: June 1994
Amended: February 1996
Amended: January 1999
Amended: March 1999
Amended: May 2003
Amended: July 2003
Amended: April 2004
Amended: November 2007
Amended: February 2011
Amended: January 2012
Amended: May 2012
Amended: September 2012 (Effective January 1, 2013)
Amended: February 2013
Amended: November 2014
Amended: February 2017
Amended: September 2017
Amended March 2020
COUNCIL PROCEDURE
This procedure is intended to govern the actions of the city council in the general conduct of its
business and to serve as a reference in settling parliamentary disputes. In handling routine business, the
council may by general consent use a more informal procedure than that set forth in this procedure.
This procedure may be suspended at any time by vote of five council members or of two-thirds of the
council members present, whichever is the greater.
I.‐ Presiding Officers: Mayor and Mayor Pro Tem
Council members shall be selected to serve as mayor and mayor pro tem. The mayor pro tem shall
fulfill the position identified as "acting mayor" in Charter Section 15. All council members are equal; the
mayor and mayor pro tem have no additional authority except as set forth in the City Charter, the City Code,
or in these procedures. The mayor, or the mayor pro tem in the mayor's absence, shall serve as the chair
of the council at all regular council meetings. The mayor or the mayor pro tem are responsible for conducting
meetings in an orderly and democratic manner and assuring that minority opinion may be expressed and
that the majority is allowed to rule. At the same time, the mayor and mayor pro tem retain all of the
prerogatives of a duly elected council member: The mayor or mayor pro tem may make and second motions
Attachment A - Proposed Amended Council Rules of Procedure
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and take part in discussions and mayust vote on all matters not an interest prohibited pursuant to Section
2-7-2, B.R.C. 1981,involving their personal financial interest or official conduct. In addition to chairing
council meetings, the mayor is frequently called upon to perform certain ceremonial duties or to serve on
intergovernmental committees. Whenever possible, the mayor shall attempt to share these responsibilities
equitably among the other council members, including the mayor pro tem.
II. ‐ Communication with Council
It is very important for the council to hear the views of members of the public. There are several ways
in which a person can participate.
(a) City phone numbers and email addresses are provided to reach all council members.
(b) Electronic means of communication with and from council members as a group is provided through
Hotline and Council Correspondence on the City's website. The Hotline is an electronic means for council
members to ask questions of staff and convey information to the public that is posted in a manner that is
available to the public on the City's website. Staff responses to Hotline questions of council members are
posted on Hotline in order to be available to the public. The City's website contains a Council
Correspondence email which directs the comment of the person to each council member and many staff
members. The city manager's office directs questions from Council Correspondence to the appropriate staff
member for response. Computers are available at city libraries for those who may not be able to view the
City's website from other locations. Correspondence regarding matters on the council agenda shall be
included in the council packet. Correspondence regarding matters on the council agenda received after
the packet deadline shall be posted online. All correspondence to Council is published online.
(c) Open Comment. At the beginning of every regular council meeting, up to forty-five minutes are set aside
for open comment. During that time, twenty randomly selected members of the public are invited to express
their views on any issue, except those set for public hearing later in the meeting.
(d) Public Hearings. Public hearings are held to seek input on a particular ordinance or policy decision.
These hearings provide an organized forum to address a particular subject. Statements made during a
public hearing become part of the record for council's decision on the issue. Quasi-judicial hearings shall
be conducted pursuant to Chapter 1-3, “Quasi-Judicial Hearings, B.R.C. 1981. Provided, however,
witnesses shall not be required to testify under oath.
(e) Comment on Motions Made Under Matters. The council will consider motions arising from matters raised
by the mayor, members of council, the city manager, or the city attorney. No vote will be taken on these
motions until the public has been given an opportunity to comment.
III. ‐ Agenda
a. Notice. The agenda is generally distributed to council members no later than the Thursday preceding the
council meetings, whether regular, special, or continued meetings. Items will generally not be added but
may be added or deleted by the agenda committee or by a majority of council. Whenever practicable, notice
shall be given of all agenda items by publication of the title or a general description thereof in the Boulder
Daily Camera on the weekend preceding the council meeting. However, failure to give such notice shall not
invalidate any action taken by the council, and such provision shall not apply at all to items adopted by
emergency.
b. Council Agenda Committee (CAC). Items are placed on the agenda by the staff, with the approval
of the members of an agenda committee in attendance at a meeting called by the mayor to review the
agenda, which normally takes place in the manager's office on Monday mornings. In addition to the mayor
and the council member designated as the acting mayor (generally referred to as the mayor pro tem), the
council designates a third council member for six to seven weeks at a time (depending on the council
meeting cycle) to serve on the agenda committee. A sign-up list is circulated to council members.
Replacements are solicited from all remaining council members whenever an agenda committee member
cannot attend a meeting. If more council members wish to attend than there are vacancies, the mayor
makes the appointment. Meetings of the agenda committee are open to the public and the press/media,
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but are not advertised. No more than four council members may attend an agenda committee meeting at
any time. "Drop-ins" should notify the mayor in advance whenever possible. Presence of staff members at
agenda committee meetings is subject to the discretion of the city manager.
c. Agenda Review. The agenda committee holds an agenda review to review the successes and the
difficulties of the council in dealing with agenda items during the preceding calendar quarter and to schedule
agenda items for the next calendar quarter, when such items are known in advance. Council members who
wish to have the entire council address an agenda issue should identify the issue and ask the agenda
committee to schedule a discussion under Matters.
d. CAC Mission. Representing the views of the entire city council, the agenda committee: 1) sets the
agenda for council meetings and study sessions; 2) comments on written agenda materials to assure that
all reasonable questions anticipated from the public and any member of the council are answered; 3) acts
as a sounding board for staff; 4) informs the city council and staff of emerging issues; 5) requests that staff
supply information to the council concerning emerging issues; and 6) discusses correspondence and email
to the mayor and the city council and responses to open comment. The agenda committee assigns the
responsibility for drafting and signing such responses. But individual council members may respond as well,
at their discretion. 7) The agenda committee determines when boards and commissions should be
requested to address the council concerning their deliberations, and when matters should be referred back
to a board or commission before council action is scheduled. Generally, it is expected that boards and
commissions with an adopted mission statement that includes a certain area of concern will be asked to
advise council about any agenda item dealing with that area of concern. 8) The agenda committee also
establishes check points for council input on important staff projects. 9) Agenda committee minutes are
made available to the council by email. Approved draft agendas and the council calendar for the upcoming
meeting agendas are attached to the minutes.
e. CAC Ground Rules.
1. No Decisions. The agenda committee should not make a "decision" on anything except for specific
decisions relating to the council agenda and assignment of correspondence for a response. If a scheduling
item is controversial, the CAC shall bring the matter to the entire council.
2. No References. Agenda committee members should avoid reference to the meeting in debate, as by
statements such as: "This was discussed in the agenda committee meeting," or "We dealt with that question
in the agenda committee meeting." Above all, there should be no reference to any "decision" having been
made by the agenda committee.
3. CAC Communications with Council. If, as a result of an agenda committee meeting, the committee
determines that it is necessary to contact the remaining council members to convey information or to obtain
advice about proposed staff action, staff should contact each available council member. Council members,
including agenda committee members, generally should not be involved in such communications. But this
does not restrict any council member from contacting other council members and conveying any information
or requesting any advice or action. Agenda committee members and other council members may
communicate with other council members about any matter, but such process should not substitute for staff
action as set forth above and is subject to the "open meeting" requirements of state law (§ 24-6-
402(2)(d)(III), C.R.S.).
4. CAC to Focus on Council Concerns Rather Than Personal Point of View. It is not appropriate for agenda
committee members to use the agenda committee meeting to advance their own political agendas or points
of view. This is conceded to be difficult to avoid, especially when three council members are discussing an
upcoming decision, but it is essential.
5. CAC Not to Indicate Council Support. Prior to approval by the council, the agenda committee and staff
are prohibited from indicating any city commitment to city sponsorship or support of an event or to city
support for a development proposal.
6. Questions to CAC. Council members are urged to send questions, comments, and suggestions to the
staff or to members of the agenda committee prior to its meeting. The agenda committee will endeavor to
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Procedure & Working Agreements Page 7
discuss all such questions, comments, and suggestions at its meeting.
7. Postponement of Issues. It is acceptable for members of the city council to ask for postponement of
issues to accommodate a brief absence, when the rescheduling will not inconvenience other council
members and the individual council member has a significant interest in the particular issue being decided.
However, no council member has a right to require such a change, and the decision of the CAC is generally
treated as final, although the council is, as always, the final decision maker.
8. No Rule of Three. Meetings of the CAC shall not be used to indicate a "rule of three" for
information/research requests. See Section X, Research and Study Sessions, Subsection A,
Information/Research Requests/Rule of Three.
9. Tuesday Meetings. CAC shall not schedule council meetings on dates other than Tuesdays without
polling all council members for their availability. CAC shall not schedule meetings on the fifth Tuesday of
any month without the prior consent of council.
10. Consent Items, Urgent Items, Time Budget, and Order of Agenda. The CAC designates potential
consent items, so that they can be dealt with in a summary fashion. The CAC also designates urgent items,
for which delay is not possible or inadvisable, so that the council can deal with such items prior to
adjournment. The CAC sets the order of the agenda and sets a time budget for each item. Based on the
estimated time budget, CAC shall make every effort not to schedule any meeting with an expected
adjournment time after 10:30 p.m.
IV. ‐ Council Meeting Agenda
a. Council meetings shall be conducted as follows:
1. Call to Order and Roll Call. Meetings are generally called to order at 6 p.m. sharp.
2. Open Comment.
A. Time for open comment on any subject not scheduled for public hearing is provided for at each regular
business meeting of the council. Up to forty-five minutes is provided at the beginning of the meeting.
Speaking shall be limited as set forth in subsection (C) below. During open comment, an individual speaker
can speak for up to two minutes.
B. A speaker shall begin by stating his or her name and address. If a speaker believes that providing such
information would put the speaker at risk, the speaker need not disclose his or her name or address but
should say whether or not he or she resides in the City of Boulder.
C. Sign up for speakers will be available via the internet, beginning at 6:00 p.m. on the day that the agenda
for the meeting is made available. Online sign up shall end at 2:00 p.m. on the day preceding a meeting,
even if the day preceding a meeting is a holiday. No later than 5:00 p.m. on the day prior to the meeting or
noon on the day of the meeting, if the day prior to the meeting is a city holiday, the city clerk shall post on
the internet a list of no more than fifteen individuals who will be invited to speak at the meeting. If more
than fifteen people register to speak, the city clerk shall select fifteen names at random from among those
who have registered. Prior to the opening of registration, the city clerk shall post the methodology to be
used for randomization. In addition to those selected through the foregoing process, individuals may sign
up to speak in person at council chambers beginning at 5:00 p.m. on the day of the meeting. Sign up shall
close promptly at 6:00 p.m. Prior to open comment the presiding officer shall announce the names of five
individuals selected at random to speak. If fewer than fifteen persons have registered online and there are
more than five individuals who have signed up in person, the presiding officer may, if the meeting is
scheduled to end no later than 10:30 p.m., add additional speakers to bring the total number of speakers
to no more than twenty.
D. Any person selected to speak who requires an interpreter shall be invited to speak first. Any person
wishing to use an electronic presentation as part of his or her comments shall provide the presentation to
the city clerk no later than 2:00 p.m. on the day of the meeting.
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E. At the conclusion of Open Comment, the presiding officer may ask city staff for any response to matters
raised during Open Comment. At the conclusion of the staff response, any council member may ask that
the original speaker be recalled to reply to the staff response. Such comment shall be limited to one minute.
3. Consent Agenda. Including generally, but not strictly limited to:
A. Minutes. Minutes of previous meetings are approved as made available beforehand, and as corrected
by the city clerk, in response to council suggestions, in the discretion of the clerk. This procedure should
not be used to alter remarks to express a more considered point of view. Such remarks should be made
under item 8, Matters from the Mayor and Members of Council. A motion to approve the minutes is deemed
to include such corrections, as well as any corrections made at the meeting.
B. First Readings. Although generally calendared as part of the consent agenda, the city manager may
request that a particular first reading be scheduled early on the agenda when staff/council interaction on
the item is important on first reading. See Section V, Procedure in Handling Ordinances, Resolutions and
Important Motions, Subsection C, First Reading.
C. Second Readings. Second Readings shall generally be scheduled for a public hearing. The Council
Agenda Committee may schedule second reading of ordinance on consent only for the following:
1. The Quarterly Supplement codifying previously adopted ordinances.
2. Ordinances for which the council has previously held a public hearing.
3. Other ordinances that are routine in nature, which do not elicit public interest and to which no council
member objects.
4. Call-Up Check-In. Call-ups (typically appeals to council) are considered during item 8, Matters from the
Mayor and Members of Council. During call-up check-in, council members are provided an opportunity, and
are generally expected, to announce that they have questions or concerns with respect to a potential call-
up. This advance warning, while not binding on any council member, would generally indicate those
potential call-ups for which staff or interested parties should be present. Notwithstanding the failure of any
council member to indicate questions or concerns, Council may still consider any potential call-up should a
council member change their views during the meeting. If the decision about whether to exercise the
council’s call-up authority is a matter of substantial public interest, the agenda committee shall schedule a
public hearing for consideration of the potential call-up. Call-ups scheduled for public hearing shall not be
considered as part of a call-up check-in.
5. Public Hearings. Expected substantial public comment items are generally placed first on the agenda, in
the order of public interest in the item, as anticipated by the council agenda committee, but critical short
items may be placed first when deemed appropriate by the agenda committee. Items from the city manager,
city attorney, or mayor and members of council which are of substantial public interest are placed in this
section of the agenda, in the order of public interest. Provided however, that CAC may place matters of
significant public interest at the beginning of the meeting, before open comment. CAC shall not schedule
more than two substantive public hearings at any council meeting. A speaker shall begin by stating his or
her name and address. If a speaker believes that providing such information would put the speaker at risk,
the speaker need not disclose his or her name or address but should say whether or not he or she resides
in the City of Boulder. During a public hearing an individual speaker can speak for up to three minutes.
However, a speaker's time may be limited to two minutes if more than fifteen people have signed up to
speak. Three or more people can pool their time so one speaker can speak for five minutes if all of the
people pooling time have signed up to speak when the spokesperson is called to speak and are in the
council chambers when the speaker is called. The five minutes of pooled time can be reduced to four
minutes by the presiding officer if the time for individuals has been reduced to two minutes. An applicant
may request additional time as reasonably required to present his or her case. In response, the mayor may
designate a longer time period for applicants, generally not to exceed fifteen minutes and to occur
immediately upon the opening of the public hearing, in order to give the public an opportunity to respond.
Additional support for applicant's positions should come from individual witnesses. Board or commission
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members, whose board or commission acted on a matter and who have been designated to speak by the
board or commission, will be allowed to speak during staff presentation or at the beginning of the public
hearing. A board or commission may designate a person who voted with the majority or a person who voted
with the minority or one speaker from each side.
6. Matters from the City Manager. No final decision may be made under this item, or item 7, Matters from
the City Attorney, or 8, Matters from the Mayor and Members of Council, until after an opportunity for public
comment. Prior to council decisions on motions made during this item, or item 7, Matters from the City
Attorney, or 8, Matters from the Mayor and Members of Council, an opportunity shall be given for public
comment on such motions. The rules are the same as for public hearings. The Mayor shall open a public
hearing immediately after the council has concluded debate on each motion.
7. Matters from the City Attorney.
8. Matters from the Mayor and Members of Council. At this point, any council member may place before
the council matters which are not included in the formal agenda. This item is generally limited to responses
to open comment, appointments to boards and commissions, sharing of information, and requests for
advice concerning matters pending before other bodies, consideration of call-ups, requests for staff work,
and requests for scheduling future agenda items. Matters requiring a formal council vote, such as motions
to sponsor an event or to allocate funds, are normally placed on the agenda through the regular agenda
review process, rather than dealt with under this item.
9. Discussion Items. Discussion items are generally scheduled for study sessions rather than council
meetings. If discussion items are scheduled for a council meeting, such matters will be discussed under
this agenda item.
109. Debrief. Council will have a brief discussion of no more than five minutes for council members to
discuss issues regarding that evening's meeting. The discussion is intended to identify issues to be
addressed by the Council Agenda Committee or by the council at a future meeting. This time should not be
used to revisit arguments raised earlier in the meeting. The intent is to improve council's process by
identifying issues concerning process, scheduling, and meeting implementation while fresh in council
members' minds to allow for later discussion and resolution.
110. Adjournment. The council's goal is that all meetings be adjourned by 10:30 p.m. An agenda check will
be conducted at or about 10:00 p.m., and no later than at the end of the first item finished after 10:00 p.m.
Generally, absent a deadline which the council cannot affect, no new substantial item will be addressed
after 10:30 p.m. The Debrief is not a substantial item. No new item shall be introduced after 10:30 p.m.
unless a majority of the council members in attendance at that time agree. All council meetings shall be
adjourned at or before 11:00 p.m., unless the meeting is extended by a vote of two-thirds of the council
members present. Council shall attempt to schedule any matter not heard before adjournment as the first
item at the next study session. If necessary, the council shall schedule a special meeting to coincide with
the scheduled study session. It is assumed that council will reschedule items previously scheduled for the
study session to accommodate any newly added items.
V. ‐ Rules of Speaking
a. Mayor Directs Meeting. To obtain the floor, a council member or staff member addresses the mayor.
b. Assignment of Floor. To assign the floor, the mayor recognizes by calling out the council member's name.
Only one council member may have the floor at a time. A council member shall not speak while another
has the floor, except to make a point of order. The mayor generally next recognizes the council member
who first asks for the floor after it has been relinquished. The mayor may, in his or her sole discretion,
temporarily suspend the rules of speaking in order to permit a direct colloquy between council
members with respect to an issue or motion properly before the council. All council members and staff
members are requested to direct their remarks to the council action under consideration.
c. Outline of Decisions. The staff and the mayor should attempt to focus discussion of agenda items in
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Procedure & Working Agreements Page 10
accordance with the materials, which should contain a proposed outline of decisions.
d. Minimize Debates Prior to Public Hearings. Council members should minimize debate prior to public
hearings and use the period prior to public hearings to ask questions for clarification rather than to
lecture, give speeches, score debating points, or ask rhetorical questions. The mayor may intervene
to avoid extended debate prior to public hearings.
e. Minimize Debates After Decisions. Council members should minimize debate after decisions and move
on to the next item.
f. Motions to Table. Tabling motions are generally discussed before they are made, in order to allow for a
reasonable amount of council discussion prior to making a non-debatable motion.
g. Early Warning Process. Council members should give early warning to the mayor and the city manager
whenever substantial opposition is anticipated to an agenda item, so that an appropriate staff and
council response can be prepared.
h. Rotation of Questions. Questions are rotated so that, to the extent practicable, different council members
are given the lead on each agenda item and questions are grouped by subject matter whenever it is
practicable to do so.
i. Mayor May Intervene. The mayor may intervene in council debate in order to solicit a motion after five to
ten minutes of debate, seek to wrap-up discussion when debate seems to be proceeding longer than
warranted, determine whether council wishes to postpone council action when more information or
staff work appears warranted to facilitate a council decision, and ask council to group follow-up
questions by topic.
j. No Surprises. Council members will make every effort not to surprise each other by bringing up something
new at a meeting, and rather will give notice of their intention to do so as soon as practical before the
meeting.
VI. - Procedure in Handling Motions
a. Making a Motion. A council member, after obtaining the floor, makes a motion. (If long or involved, it
should be in writing.) The council member may state reasons briefly before making the motion; but
may argue the motion only after it has been seconded; and having spoken once may not speak again
until everyone who wishes to be heard has had the opportunity to speak, except to answer questions
asked by other council members. Having made a motion, a council member may neither speak against
it nor vote against it.
b. Seconding a Motion. Another council member seconds the motion. All motions require a second, to
indicate that more than one member is interested in discussing the question. The seconder does not,
however, have to favor the motion in order to second it, and may both speak and vote against it. If
there is no second, the mayor shall not recognize the motion.
c. Stating the Motion. The mayor states the motion and asks for discussion.
d. Debate. General debate and discussion follow, if desired. Council members, the city manager, the city
attorney or the city clerk, when wishing to speak, follow the rules of speaking outlined above. The
speaker's position on the motion should be stated directly: "I favor this motion because...," "I am
opposed to this because...," etc. Remarks should be addressed to the mayor.
e. Question. The mayor restates the motion and puts the question. Negative as well as affirmative votes
are taken.
1. If the mayor is in doubt of the result of a voice vote, the mayor may call for raising of hands or a roll call
vote.
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2. If any council member is in doubt of the result of a voice vote, the council member may obtain a vote by
raising of hands or by roll call by calling for it (without need to be recognized by the mayor).
3. In case of a tie vote, the motion is lost.
f. Result. The mayor announces the result. The motion is not completed until the result is announced.
VII. ‐ Procedure in Handling Ordinances, Resolutions and Important Motions
a. Two Readings. All ordinances require at least two readings, because the city charter requires ten days'
advance publication in final form. The agenda committee may require similar publication of complex
or important motions and resolutions, in order to assure informed public participation.
b. Notice. All documents delivered to council members' residences or electronically prior to any meeting
shall be deemed to have been received and read, unless a council member indicates to the contrary
during consideration of the matter. In the event that a council member has not received and read the
document in question, the mayor shall determine an appropriate course of action, which may consist
of an explanation of the substance of the document by a person familiar with its contents, or a recess.
Abstentions are not permitted by the city charter under these circumstances.
c. First Reading. On first reading, the clerk reads the title or the general description of the item set forth on
the agenda, and the council has an opportunity to ask questions of the staff. Whenever practicable,
council members ask first reading questions in writing or by email to "Hotline" in advance of the
meeting. Any remaining questions are asked at the meeting. The deadline for first reading questions
is noon on the day following the meeting. Complex questions are subject to the "rule of five" for
information and research requests set forth in Section X, Research and Study Sessions, Subsection
A, Information/Research Requests/Rule of Three. The mayor then requests an appropriate motion.
However phrased, an affirmative motion is construed as one to order the item published. Unless
otherwise stated in the motion, all publication shall be by title only. The mayor then states the question,
followed by proposal of amendments, if any, restates the question if necessary, and puts the question
to a vote. After the conclusion of the vote, the mayor declares the item to have been ordered published
or to have been rejected for publication. Publication does not constitute substantive approval of an
item.
d. Second Reading. On second reading, the clerk reads the title or the general description of the item set
forth on the agenda, followed by the staff presentation, and then the council has an opportunity to ask
questions of the staff. Thereafter, the mayor opens a public hearing and supervises the public hearing.
If any council member wishes, questions may be asked of persons testifying. Council may consider a
response to public testimony at the meeting, and the agenda committee may consider a response the
following week, but the normal response is in the council members' actions on the agenda. The mayor
then requests an appropriate motion. The motion should be one to adopt the ordinance, and, however
phrased, an affirmative motion shall be so construed. Unless otherwise stated in the motion, all
publication shall be by title only. The mayor then states the question, followed by discussion by the
council, the city manager and the city attorney and dialogue with staff in response to questions raised
by the council, followed by debate, proposal of amendments, if any, and consideration thereof in the
form of motions. After debate, the mayor restates the question and requests that the clerk conduct a
roll call vote. After the conclusion of the roll call vote, the mayor declares the ordinance adopted or
defeated.
e. Resolutions. Resolutions are handled in the same manner as the second reading of an ordinance, except
that the vote need not be by roll call.
f. Emergencies. Ordinances may be passed by emergency on first or second reading, upon appropriate
findings of urgency and need. In the event of passage by emergency on first reading, the first reading
is handled in the same manner as the second reading of an ordinance, and the second reading is
omitted. Council should endeavor to limit emergency ordinances to the quarterly supplement, matters
in which there is a deadline, and matters affecting life, health or safety.
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Procedure & Working Agreements Page 12
g. Amendments. Non-emergency ordinances which are amended in substance rather than in form on
second reading are republished in the same form originally published (either in full or by title only), as
amended, and voted on again at a third reading, without further staff presentation or public hearing.
The council retains the discretion to set a public hearing on third reading by majority vote. The same
procedure applies to later substantive amendments as well.
VIII. ‐ Voting
Voting ultimately decides all questions. The council may use any one of the following ways of voting:
a. Voice Vote. All in favor say "aye," and all opposed say "no." The mayor rules on whether the "ayes" or
the "nos" predominate, and the question is so decided.
b. Raising of Hands. All in favor raise their hands, and then all opposed raise their hands. The mayor
decides which side predominates and notes dissents for the record.
c. Roll Call. The clerk calls the roll of the council members, and each member present votes "aye" or "no"
as each name is called. The roll is called in alphabetical order, with the following special provision: On
the first roll call vote the clerk shall begin with the first name on the list; on the second vote, the clerk
shall begin with the second and end with the first; and so on, continuing thus to rotate the order. This
rotation shall continue from meeting to meeting.
IX. ‐ Nominations and Elections
The mayor and mayor pro tem shall be selected in the following manner:
a. In odd-number years, after the first Tuesday in November, but no later than the second Tuesday in
November, any council member with an unexpired term or council member elect may express his or
her interest in serving as mayor or mayor pro tem. Any person expressing an interest shall post a
Hotline message regarding his or her interest in and qualifications for either or both positions.
b. The council meeting convened pursuant to Charter Section 9, on the third Tuesday in November of odd-
numbered years, shall be chaired by the council member with the most consecutive years of service
on the council who did not express an interest in serving as mayor or mayor pro tem at the meeting
on the second Tuesday in November. If there is more than one council member with the most
consecutive years of service on council not seeking to be elected mayor or mayor pro tem, the city
clerk shall place the names of each such council member in a container and select one who shall
preside at the convening meeting.
c. In the interest of transparency and public participation, after the new council members are sworn in
pursuant to Section 9 of the Charter, the meeting convened at 10:00 a.m. on the third Tuesday in
November shall be continued until 6:00 p.m. At that time, the council shall hold a public hearing on the
selection of the mayor and mayor pro tem.
d. The mayor pro tem shall serve for a period of one year. In even numbered years, council members
interested in serving as mayor pro tem shall express interest and speak to their qualifications at the
first meeting in November. In even numbered years, nominations and election for the mayor pro tem
shall be held at the second meeting in November.
e. Nominations. At the conclusion of public testimony, council will consider nominations for mayor and
mayor pro tem. Any council member may nominate anyone that expressed an interest on Hotline in
odd numbered years or and made a speech at the second first Tuesday in November of even
numbered years, including himself or herself, for either position. Provided, however, that the
requirement of prior expression of interest shall be waived for any council member whose election was
not decided before the second Tuesday in November. Nominations for mayor and acting mayor
(generally referred to as mayor pro tem) are made orally. No second is required, but the consent of
the nominee should have been obtained in advance. Any person so nominated may at this time
withdraw his or her name from nomination. Silence by the nominee shall be interpreted as acceptance
Attachment A - Proposed Amended Council Rules of Procedure
Item 3G Amending Council Rules of
Procedure & Working Agreements Page 13
of candidacy.
f. Order of Vote. A motion then is made and seconded to close the nominations and acted on as any motion.
The voting is accomplished by raising of hands unless there is only one nomination and a unanimous
vote for the candidate. The names shall be called in alphabetical order or reverse alphabetical order
depending upon a flip of a coin by the clerk, who shall thereafter alternate the order for all further
election ballots during the same meeting.
g. Ballots. If it is the desire of the council to use paper ballots rather than a voice vote, such a procedure is
proper. However, since there is no provision for a secret vote, each ballot must be signed by the council
member casting the vote.
h. Elimination Process. If any of the candidates nominated receives five votes on the first ballot, such person
is declared elected. If none of the candidates receives five votes on the first ballot, the candidate (plus
ties) receiving the lowest number of votes is dropped as a candidate unless this elimination would
leave one candidate or less for the office. If this elimination would leave one candidate or less for the
office, another vote is taken, and once again the candidate (plus ties) receiving the lowest number of
votes is dropped as a candidate unless this elimination would leave one candidate or less for the office.
In the event that one candidate or less is left for the office after the second vote, a flip of a coin shall
be used in order to eliminate all but two candidates for the office.
i. Impasse Process. In the event that neither of the two final candidates receives five votes on the first ballot
on which there are only two candidates, another vote shall be taken. If no candidate receives five votes
on the second such ballot, the candidate who receives the votes of a majority of the council members
present shall be declared elected. If no candidate receives such a majority vote, the meeting shall be
adjourned for a period not to exceed twenty-four hours, and new nominations and new ballots shall be
taken. If no candidate receives five votes on the first ballot at the adjourned meeting on which there
are only two candidates, another vote shall be taken. If no candidate receives five votes on the second
such ballot, the candidate who receives the votes of a majority of the council members present shall
be declared elected. If no candidate receives a majority vote on the second such ballot at the adjourned
meeting, a flip of a coin shall be used to determine which of the two final candidates shall be declared
elected as mayor or mayor pro tem.
j. Appointment of Board Alternates. In the event that the Boulder Revised Code provides for the appointment
of temporary alternate board members, such members shall be appointed as follows: The most
recently departed member of the board needing a temporary alternate, who is eligible and able to
serve, shall be appointed. In the event that more than one member departed at the same time,
alternates shall be chosen in reverse alphabetical order, with appointments alternating between the
eligible and able former members who departed at the same time. In the event that the most recently
departed member is not eligible or able to serve, the next previously departed member shall be chosen,
applying the procedure above if there is more than one potential appointee. No person shall be eligible
for a temporary alternate appointment if he or she was removed from the board by the council. A
temporary alternate shall be appointed only when a member's absence either results in the lack of a
quorum or may prevent the board from taking action. No person appointed as a temporary alternate
shall serve at two consecutive meetings of the board to which he or she is appointed unless it is
necessary to complete an agenda item that has been continued to another meeting.
k. Boards and Commissions. Elections to fill positions on boards or commissions shall be conducted in the
same manner. However, a majority of the council members present rather than a majority of the full
council is sufficient to decide an election of this nature. Each board or commission vacancy shall be
voted on separately.
l. Advertising of Vacancies After Partial Terms. Prior to advertising board and commission vacancies, when
a person has already served on the board or commission and is seeking reappointment, council should
make the decision of whether or not to advertise that particular vacancy.
Attachment A - Proposed Amended Council Rules of Procedure
Item 3G Amending Council Rules of
Procedure & Working Agreements Page 14
X. ‐ Research and Study Sessions
a. Information/Research Requests/Rule of Three. Requests for information should be directed to "Hotline,"
or, if a public request is not appropriate, directly to the city manager or the city attorney. Requests for
a briefing should be directed to the city manager or the city attorney. A single council member may
require the city manager or the city attorney to provide available information at any time or to answer
any question concerning an agenda item. The concurrence of three council members is required to
assign a matter for research by staff. For staff to spend more time than the city manager or the city
attorney considers reasonable in light of other staff time commitments, the concurrence of five council
members is required. In such case, the manager or attorney shall report the results of the preliminary
research and an estimate of the time required to complete the task as the manager or attorney
proposes. In any case, a vote shall be taken at a council meeting, but work may proceed in an
emergency pending such vote. The council shall be informed of any such emergency work.
b. Budget Rule. A matter shall be placed before the council for decision during the deliberation of the budget
by a vote equal to or greater than the number of council members remaining at the meeting after
deduction of the majority thereof.
c. Study Sessions. The chair of each study session shall be selected through rotation of council members
who have expressed an interest in chairing study sessions. The Mayor and Mayor Pro Tem may be
included in the rotation. The order of the rotation shall follow generally the rotation of members at the
Council Agenda Committee, with the Mayor or Mayor Pro Tem presiding when a member is not
available, has not expressed an intent to chair a study session or the member agrees to defer to the
Mayor or Mayor Pro Tem. Materials for study sessions generally will be made available to the council
and the public at least ten days before the date of the study session. Notice will be given as for other
council meetings. Written comments received by staff prior to noon on the Thursday preceding study
sessions will be forwarded to all council members that evening. Testimony of persons other than staff
or consultants or subject-matter experts designated by the city manager is not permitted at study
sessions unless a majority of the council members present votes to suspend this rule. The council will
give direction to staff at study sessions for the presentation of action items at future regular council
meetings. A summary list of the questions asked and direction given shall be prepared by staff and
placed on the consent calendar for the next regular council meeting for council approval. Full
summaries of study sessions shall be placed on a later council agenda for approval, including the
direction given, any remaining issues and any staff reaction or proposed work plan in response to the
study session.
XI. ‐ Procedure in Handling Major Capital Improvement Projects
Major capital improvement projects shall be handled, to the extent practicable, in accordance with the
City Plans and Projects Handbook, dated November 2007. Failure to follow any aspect of such processes
shall not be grounds for any challenge to any city project. Prior to a development review decision by the
planning board or approval of the community and environmental assessment process by an advisory board,
the council may determine by motion to review the project prior to the decision on the concept review or
community and environmental assessment process. If so, the manager will schedule a public hearing and
consideration of a motion directing staff concerning: 1) the goals and objectives of the program which will
be served by the project, and 2) the conceptual design of the project. For those projects requiring
development review, the council will deal only indirectly with the factors which may ultimately be entailed in
a development review application under Chapter 9-4, "Land Development Review," B.R.C. 1981, in
recognition that it may later be called upon to adjudicate such questions on a call-up of a planning board
decision.
XII. ‐ Council Calendar
The city publishes a calendar of hearings set by city staff and boards and commissions. Any council
member may attend such hearings and events, but council members may not testify at a board or
commission hearing and may be disinvited from ceremonial events by the host. Council members are
responsible for notifying the council office of hearings and events for which they are the liaison to the
council.
Attachment A - Proposed Amended Council Rules of Procedure
Item 3G Amending Council Rules of
Procedure & Working Agreements Page 15
XIII. ‐ Council Member Appointments
The council may appoint council members to serve on ad hoc and ongoing intergovernmental
committees, such as the Colorado Municipal League Policy Committee, the Denver Regional Council of
Governments,, the National League of Cities, or the Boulder County Consortium of Cities. Council members
may be appointed for staff activities on an ad hoc basis. Appointments shall be made at council meetings,
after notice to the council that the appointment will be considered as part of the agenda of the meeting. The
mayor appoints one of the members to the Housing Authority and one to the Urban Renewal Authority, in
conformity with state law, but council is notified at a council meeting of each such appointment, and the
Urban Renewal Authority appointment is subject to council ratification. The council appoints one of its
members to the board of directors of the Boulder Museum of Contemporary Art, the Boulder Convention
and Visitors Bureau, the Colorado Chautauqua Assocation, the Downtown Business Improvement District
Board, the Rocky Flats Stewardship Council, the Commuting Solutions Committee, the Mile High Urban
Drainage and Flood Control District, the Boulder County Resource Conservation Advisory Board, and the
board of directors of the Dairy Arts Center. The mayor will serve on the Metro Mayor's Caucus and the US
36 Mayors and Commissioners Coalition. Council members are expected to inform the council of their
committee activities and to request advice on important policy issues.
XIV. ‐ Parliamentary Procedure
Except as otherwise provided herein or as advised by the city attorney, all matters of procedure are
governed by the then current Robert's Rules of Order Newly Revised.
XV. ‐ Declarations, Proclamations and Resolutions
a. Mayor to Screen. All matters proposed for council or mayoral action which commemorate a period of
time or commend the actions of a person or a group or endorse a position or an idea not directly related
to the affairs of the City shall be screened by the mayor.
b. Mayoral Declarations. If a group with substantial local support requests such action, and the mayor
determines that there is no substantial political issue concerning such action, the mayor may issue a
declaration for the action. Such declaration shall be forwarded to a binder kept for such purpose in the
city council office but shall not be placed on the agenda unless the council determines at a meeting by
majority vote of the council members present to call up the matter, in which case the action shall be
revoked upon the passage of the call-up motion, pending further action by the council at its next regular
meeting.
c. Council Resolutions. In extraordinary circumstances, if the group supporting the action determines that
it wishes council action rather than a mayoral declaration, and the action otherwise meets the criteria
set forth above, the mayor may, if the mayor considers such action appropriate in light of the
importance of the action and the additional business on the council agenda, place a resolution on the
agenda for council action.
d. Resolutions. Resolutions are appropriate for legislative concerns, including, without limitation,
conveyances of positions or ideas to other legislative and administrative bodies. But all legislative
actions must be by ordinance.
e. Political Questions. In the event that a substantial political issue is determined to be presented by a
proposed declaration or proclamation, the mayor shall not act or place the matter on the agenda, but
instead will inform the group supporting the action that the matter will be placed on the agenda only if
a majority of the council members present at a meeting of the council so directs. The burden shall be
on such group to present the issue to the council. The mayor may request council advice at any time
concerning proposed mayoral or council action.
f. Foreign Policy and National Policy Questions. Council shall not act on a foreign policy or national policy
issue on which no prior official city policy has been established by the council or the people, unless
sufficient time and resources can be allocated to assure a full presentation of the issue.
Attachment A - Proposed Amended Council Rules of Procedure
Item 3G Amending Council Rules of
Procedure & Working Agreements Page 16
g. Fund-Raising. Publicity for fund-raising efforts and community events will be deemed inappropriate for
council action, although major efforts and events may be commemorated if the majority of the council
members present at a meeting of the council so directs.
XVI. ‐ Rules of Decorum
a. Council Intent for Rules of Decorum. The City's business is conducted at city council meetings by the
elected officials of the City. All council meetings are open to the public, but the public's participation is
permitted only at formal council business meetings during the time and in the manner set forth in these
rules. Public participation is generally not permitted during study sessions and other informal council
meetings, although the public is encouraged to express comments in writing or other communication
prior to those meetings. In order for the council to conduct its business in a manner completely open
to the public in person, by audio and by video recordings, rules of decorum are necessary. Historically,
council meetings have lasted numerous hours which may limit the practical ability for the public to
participate and the effectiveness of staff to make presentations and elected officials to discuss issues
and make decisions. The intent of these rules is to:
1. Provide a safe and secure setting for council and the public to attend to the City's business.
2. Enable council to conduct its deliberative process without interruption in a manner that can be heard and
viewed by all in attendance and recorded for the simultaneous or later viewing by the public.
3. Ensure that the public has a full opportunity to be heard during public hearings and open comment
periods of council meetings.
4. Facilitate transparency in the conduct of council meetings so that all persons have the opportunity to
observe and hear all of the council discussion and votes.
5. State specific rules so that all may know the rules in advance and be subject to the same rules.
6. Limit interruptions, unreasonable delay, or duplication of comments, presentations, or discussion.
7. Develop an atmosphere of civility that is respectful of diverse opinions and allows presentation of
positions that vary from the position of others at the meeting without insults or intimidation.
8. Balance the need for the council to conduct effective meetings without the meetings extending late into
the night or early morning with the need to give a full opportunity for the public to be heard.
9. Facilitate council meetings as business meetings, therefore public comments should relate to the
business of the City and, as such, be addressed to the council as a whole, which conducts the business of
the City.
10. Adopt these rules of decorum as the standard for conduct of meetings of the city council and staff of
the City.
b. Rules of Decorum for the Public. During all times a meeting of the city council is being conducted, the
following rules shall apply:
1. Prior to addressing council, a person shall sign-up providing information for the council record.
2. All remarks to the council shall be at a microphone and only after the speaker is acknowledged by the
presiding officer.
3. While in attendance at a council meeting, no attendee shall disrupt, disturb, or otherwise impede the
orderly conduct of any council meeting by any means in a manner that obstructs the business of the
meeting. Disorderly conduct also includes failing to obey any lawful order of the presiding officer to be
seated, leave the meeting room or refrain from addressing the council.
Attachment A - Proposed Amended Council Rules of Procedure
Item 3G Amending Council Rules of
Procedure & Working Agreements Page 17
4. No attendee shall make threats or other forms of intimidation against any person in the council chambers
or meeting room, or possess any weapon or firearm while in the council chambers or meeting room unless
the attendee possesses a valid permit meeting all of the requirements set forth in § 18-12-204, C.R.S.
5. To maintain the fire code occupancy limits and allow for safe exit, unless addressing the council or
entering or leaving the council chambers or meeting room, all persons in the audience shall remain seated
in the seats provided. No person shall stand or sit in the aisles, nor shall the doorways be blocked.
6. All persons in the council chambers or other meeting room, including, without limitation, council
members, staff, and attendees, shall silence all cell phones, pagers, and other electronic devices to prevent
disruption at the meeting.
7. No person at any council meeting shall be in a state of intoxication caused by the person's use of alcohol
or drugs.
8. Members of the public who wish to gather in the municipal building prior to a meeting shall make every
effort to accommodate those with differing views. This shall include, not blocking entrances, pathways or
stairways and being respectful at all times of those with opposing views. If individuals plan to gather for a
meal or otherwise in the municipal building, such gatherings shall take place in the eastern end of the
municipal building lobby so as not to require individuals with opposing views to pass through the gathering.
9. No sign shall be displayed in council chambers or other meeting room in a manner that blocks the view
of another person or in a manner that would violate subsection 5 above.
c. Enforcement of Decorum. The mayor or other presiding officer of the council, with the assistance of the
sergeant-at-arms, if any attending, shall be responsible for maintaining the order and decorum of
meetings. The mayor or presiding officer may order removed from the council chambers, or other room
in which a meeting of the council is occurring, any person who fails to observe these rules of decorum:
1. The mayor or presiding officer may interrupt any speaker who is violating these rules of decorum or
disrupting a meeting.
2. The mayor or presiding officer shall attempt to provide a verbal warning to any attendee or particular
speaker that may be violating these rules of decorum, but such verbal warning shall not be required as a
condition of removing an offender from the council chambers or meeting room.
3. These enforcement provisions are in addition to the authority held by the sergeant-at-arms or any other
peace officer in attendance, to maintain order pursuant to the officer's lawful authority.
4. Any person removed from the council chambers or meeting room shall be excluded from further
attendance at the meeting from which the person has been removed, unless permission to attend is granted
upon the motion adopted by a majority vote of the council.
5. Any person who has been removed from a meeting may be charged with violation of the applicable
provision of the Boulder Revised Code.
6. In addition, by vote of the council, any person removed from a meeting may be excluded from attendance
at council meetings for thirty (30) days after such removal. A longer period of prohibition from attendance
at council meetings may be determined by council by a vote, if the person has been removed from the
council chambers or meeting room in the past twenty-four months for violation of these rules of decorum,
or the council determines that the attendee's conduct was so severe as to necessitate a longer period of
prohibition.
7. A person prohibited from attendance at council meetings may request a hearing to dispute prohibition
under the provisions of Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, if the appeal is filed with the
manager within ten days of the date of prohibition. The hearing will be before a hearing officer that is
appointed by the city manager. The scope of the hearing will be limited to the following: (1) whether there
Attachment A - Proposed Amended Council Rules of Procedure
Item 3G Amending Council Rules of
Procedure & Working Agreements Page 18
was a prior removal in the past twenty-four months, and (2) the nature and extent of the behavior resulting
in the suspension. The hearing officer will forward a recommendation to the council to affirm the sanction,
modify the sanction, or to remove the sanction to the city council for its consideration at a subsequent
meeting of the council.
8. In addition to any other authority of the mayor or presiding officer, the presiding officer may call a recess
during which time the members of the council shall leave the meeting room.
9. If necessary, for the safety of the council and public, the mayor or presiding officer may order the council
chambers or meeting room cleared of all attendees. In such event, the meeting may continue only so long
as the proceedings are televised or otherwise recorded so that the proceedings of the meeting are available
to the public.
10. Any staff member may request that a police officer assess any person at a council meeting for
intoxication. A police officer may also make such an assessment based on personal observation. If, in the
officer's professional opinion, the officer has a reasonable suspicion that a person in attendance at a council
meeting is intoxicated through the use of alcohol, the officer may exclude that person from further
attendance at that meeting. A person excluded shall be readmitted if the person excluded submits to an
alcohol breath test and produces a result below .05 blood alcohol level.
d. Rules of Decorum for Council. Members of the council shall attempt to balance the right of the public to
know positions of the elected and appointed officials and rationale for decisions with the need for
balanced discussion and timely adjournment of the meeting. In order to realize this balance, members
shall endeavor to:
1. Articulate questions, opinions, comments and reasons for votes succinctly;
2. Exercise self-discipline by avoiding repeating statements of others, being verbose in expressing opinions
or straying off the topic;
3. Allow the presiding officer to manage the meeting and call on members before speaking;
4. Support the presiding officer in enforcement of these rules;
5. Permit other members an opportunity to speak once on an issue before speaking a second time on the
same issue;
6. Focus on the issue being discussed rather than disagreement of ideas by using "I" statements and
avoiding personal attacks or assuming motives of another;
7. Consider the adopted council goals, staff work plans and limited resources when making requests for
delay or additional information;
8. Acknowledge that new topics raised during a meeting by a member of the public or of the council may
not have the benefit of all of the necessary background information, may not be presented from a balanced
perspective, and decisions in such situations are more often emotionally driven. New topics raised during
a meeting are most often best resolved by deferring the decision to the city manager or to a future agenda
with direction to staff to provide background materials before the matter is considered at a future meeting.
If council desires to take up a matter raised during a meeting, the request should be made and additional
information requested under "Matters from the Mayor and Members of Council" portion of the agenda;
9. During a council meeting, refrain from electronic communication regarding subjects considered at that
meeting. Except that council members may receive electronic copies of materials from staff displayed on
monitors or otherwise made available at the meeting.
e. Interpretation of Rules. These rules are intended to support the intent of the council set forth above.
These rules are not to be used to limit public participation or council debate, but to enable the effective
Attachment A - Proposed Amended Council Rules of Procedure
Item 3G Amending Council Rules of
Procedure & Working Agreements Page 19
functioning of the council. Either the council or the presiding officer may temporarily suspend these
rules or grant exceptions in order to effectuate their intent.
XVII. ‐ Record Retention for Executive Sessions
Between November 5, 2014 and December 31, 2017, the city council was authorized to conduct
executive sessions for the purpose of obtaining and receiving legal advice, including negotiation strategy
regarding the creation of a municipal electric utility. The following rules shall remain in effect to govern
retention and disclosure.
a. Any recording of an executive session shall be maintained in a secure place within the city and may not
be accessed by anyone, other than the City Manager or City Attorney, their authorized delegate or a
Member of the City Council, except upon order of a court of competent jurisdiction.
b. Any recording of an executive session shall be maintained until December 31, 2022, unless litigation
relating to matters discussed is initiated or pending during that time in which case the recording shall
be maintained until the conclusion of the litigation. The council shall be required to approve the
destruction of any such recording of an executive session.
c. Council may, by unanimous vote, release all or part of a recording of an executive session.
Attachment A - Proposed Amended Council Rules of Procedure
Item 3G Amending Council Rules of
Procedure & Working Agreements Page 20
Attachment B - Proposed Amended Council Working Agreements
Item 3G Amending Council Rules of
Procedure & Working Agreements Page 21
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Attachment B - Proposed Amended Council Working Agreements
Item 3G Amending Council Rules of
Procedure & Working Agreements Page 22
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: March 3, 2020
AGENDA TITLE
Second reading and consideration of a motion to adopt:
1. Ordinance 8381 amending Section 2-3-25, “Marijuana Licensing Authority,” B.R.C.
1981, by changing the Authority’s name to Marijuana Licensing and Advisory Board
and clarifying its member terms and licensing functions; and setting forth related
details
Or in the alterative:
2. Ordinance 8384 amending Section 2-3-25, “Marijuana Licensing Authority,” B.R.C.
1981, by changing the Authority’s name to Cannabis Licensing and Advisory Board
and clarifying its member terms and licensing functions; and setting forth related
details.
PRESENTERS
Jane S. Brautigam
Thomas A. Carr, City Attorney
Sandra Llanes, Deputy City Attorney
Mishawn Cook, Licensing Manager
EXECUTIVE SUMMARY
On May 21, 2018, city council directed staff to bring forward an ordinance with input
from the Marijuana Advisory Panel to create a new city board dedicated to marijuana
issues. This was accomplished by the establishment of the Marijuana Licensing
Authority through the adoption of Ordinance 8338 on August 20, 2019. However, by
Item 5A - 2nd Rdg Ordinance 8381 or 8384
regarding renaming of Marijuana Licensing Authority
Page 1
naming the entity an “Authority” the city inadvertently placed itself in direct conflict with
state statute. The city’s new board, Marijuana Licensing Authority, does not possess the
same regulatory, licensing and enforcement powers that the statute specifies for a local
marijuana licensing authority.1 While council could change that in the future, during the
initial period while the board focuses on policy, we would like to prevent an unnecessary
conflict between the statute and the code. Therefore, it is important to differentiate the
city’s marijuana licensing entity from the state’s marijuana licensing entity.
The purpose of this agenda item is to change the board’s name by removing the term
“Authority” and amending it to Marijuana Licensing and Advisory Board and clarifying
the terms of members. The Proposed Ordinance is Attachment A.
On February 18, 2020 council will decide with a “nod of five” whether it wishes staff to
pursue regulations regarding hemp. If council decides to move forward with hemp
regulations it may want to consider whether the existing marijuana board should expand
its responsibilities to include hemp related items as well since they are so interrelated.
The term “cannabis” includes both hemp and marijuana since they are derived from the
same plant. Therefore, we have included an alternative ordinance that amends the name
of the board to be more expansive and include hemp by amending it to Cannabis
Licensing and Advisory Board, clarifying member terms and licensing functions. The
Alternative Proposed Ordinance is Attachment B.
STAFF RECOMMENDATION
Suggested Motion Language
Staff requests council consideration of this matter and action in the form of the
following motion:
Motion to adopt:
1. Ordinance 8381 amending Section 2-3-25, “Marijuana Licensing Authority,” B.R.C.
1981, by changing the Authority’s name to Marijuana Licensing and Advisory Board
and clarifying its member term and licensing functions; and setting forth related
details;
Or in the Alternative:
2. Ordinance 8384 amending Section 2-3-25, “Marijuana Licensing Authority,” B.R.C.
1981, by changing the Authority’s name to Cannabis Licensing and Advisory Board
and clarifying its member term and licensing functions; and setting forth related
details.
1 CRS 44-10-301
Item 5A - 2nd Rdg Ordinance 8381 or 8384
regarding renaming of Marijuana Licensing Authority
Page 2
COMMUNITY SUSTAINABILITY ASSESSMENTS AND IMPACTS
Economic – The marijuana industry is a part of the city’s economy. The proposed
changes are intended to support a vital and well-regulated marijuana industry in
Boulder.
Environmental – None.
Social – The proposed ordinances will continue the city’s practice of supporting a
well-regulated marijuana industry.
OTHER IMPACTS
Fiscal – Fiscal impacts were anticipated in the 2020 city budget process.
Staff time – Staff time is included in the 2020 budget.
BACKGROUND
On May 21, 2018, city council directed staff to bring forward an ordinance with input
from the Marijuana Advisory Panel to create a new city board dedicated to marijuana
issues. This was accomplished by the establishment of the Marijuana Licensing
Authority through the adoption of Ordinance 8338 on August 20, 2019. However, by
naming the entity an “Authority” the city inadvertently placed itself in direct conflict with
state statute. The city’s Marijuana Licensing Authority does not possess the same
regulatory, licensing and enforcement powers that this state’s Authority holds. The term
“State Licensing Authority” means the authority created for the purpose of regulating and
controlling the licensing of the cultivation, manufacture, distribution, testing and sale of
marijuana in this state pursuant to the Colorado Marijuana Code. Therefore, it is
important to differentiate the city’s marijuana licensing entity from the state’s marijuana
licensing entity.
The purpose of this agenda item is to change the board’s name by removing the term
“Authority” and amending it to Marijuana Licensing and Advisory and clarifying the
terms of members. Attachment A.
On February 18, 2020 council will decide with a “nod of five” whether it wishes staff to
pursue regulations regarding hemp. If council decides to move forward with hemp
regulations it may want to consider whether the existing marijuana board should expand
its responsibilities to include hemp related items as well since they are so interrelated.
Therefore, we have included an alternate ordinance that amends the name of the board to
Cannabis Licensing and Advisory Board to include both marijuana and hemp, clarifying
member terms and licensing functions. Attachment B.
ANALYSIS
This amendment is necessary to avoid creating any confusion between the legal authority
of a marijuana licensing authority by state statute and an advisory committee under Sec.
Item 5A - 2nd Rdg Ordinance 8381 or 8384
regarding renaming of Marijuana Licensing Authority
Page 3
130 of the city’s Charter. In addition, if council decides to move forward with hemp
regulation it is an opportunity to create efficiencies by adding hemp related items to the
newly formed marijuana board. By analogy, this is similar to how the state treats beer
and alcohol. There are separate regulations for beer and liquor but they are both under
the purview of the city’s Beverage Licensing Authority.
ATTACHMENTS
A – Proposed Ordinance 8381
B – Alternative Proposed Ordinance 8384
Item 5A - 2nd Rdg Ordinance 8381 or 8384
regarding renaming of Marijuana Licensing Authority
Page 4
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ORDINANCE 8381
AN ORDINANCE AMENDING SECTION 2-3-25,
“MARIJUANA LICENSING AUTHORITY,” B.R.C. 1981, BY
CHANGING THE AUTHORITY’S NAME TO MARIJUANA
LICENSING AND ADVISORY BOARD, CLARIFYING ITS
MEMBER TERMS AND LICENSING FUNCTIONS; AND
SETTING FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Section 2-3-25 “Marijuana Licensing Authority” is amended to read as
follows:
2-3-25. - Marijuana Licensing Authority and Advisory Board.
(a) The City of Boulder Marijuana Licensing Authority and Advisory Board shall consist of seven
members who are at least twenty-one years of age, all of whom are city residents, appointed
by City Council for five-year terms. At the time of appointment, two members wishall be
marijuana business owners or representatives of such owners and two members shall have a
connection to the health or education field. The remaining members shall be at large. Up to
two ex officio non-voting members may be appointed by the cCity cCouncil as provided
below. The Advisory Boarduthority members who are first appointed shall be designated to
serve for staggered terms so that no more than two the terms of one Advisory Boarduthority
member expires in one each year. One member shall serve one year, two members shall serve
two-year terms, two members shall serve three-year terms and two shall serve five-year terms.
(b) City council has discretion to appoint two non-voting ex officio members who will advise the
Advisory Boarduthority. These positions are intended for non-city residents from the
candidate pool, who would otherwise qualify but are prohibited from appointment because of
the resident status requirement.
(c) The city manager serves as secretary to the Advisory Boarduthority. The secretary may be
known as the licensing clerk, and shall serve as the Advisory Boarduthority’s agent for all
functions.
(d) Four members shall constitute a quorum. An affirmative vote of a majority of the members
present is necessary to authorize any action of the Advisory Boarduthority.
Attachment A - Proposed Ordinance 8381
Item 5A - 2nd Rdg Ordinance 8381 or 8384
regarding renaming of Marijuana Licensing Authority
Page 5
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(e) The Advisory Boarduthority shall be responsible for both advisory and licensing duties as set
forth in this section. Initially the Advisory Boarduthority’s duties shall be limited to an
advisory role. The licensing duties are to be phased in over time. The phase in period shall be
no less than six months and no longer than two years from the date of the Advisory
Boarduthority’s first meeting after formation. The timing of the phasing shall be determined
by the Advisory Boarduthority. The Advisory Boarduthority will establish guidelines for
determining what type of license matters will come before the Advisory Boarduthority and
which will be handled administratively by city staff. The Advisory Boarduthority will
determine the timing and scope of its licensing duties during this transition phase. All
licensing duties will continue to be handled by the city manager until the Advisory
Boarduthority formally determines otherwise.
(f) The Advisory Boarduthority shall have the ability to issue subpoenas in quasi-judicial
proceedings only.
(g) Prior to making any recommendation or taking action, the Advisory Boarduthority shall hold
a public hearing.
(h) The Advisory Boarduthority’s advisory functions are:
(1) Generally, to promote the Boulder community’s interests and values in the local
regulation of marijuana, while considering the downstream consequences of such
regulations on the community and on public health and safety while supporting economic
development and congruence between local ordinances and state laws.
(2) To advise the city council and city manager on marijuana issues, strategies, goals and
policies;
(3) To study and make recommendations to council and the city manager regarding
marijuana related issues raised by council, city manager, state legislative changes, the
public, or the Authority;
(4) To prioritize and continue any outstanding work from the Marijuana Advisory Panel;
(5) To address issues related to jurisdictional parity; and
(6) To follow the purpose and intent in Chapters 6-14 and 6-16, B.R.C.
(i) The Advisory Boarduthority’s licensing functions may include:
(1) To grant or refuse applications for licenses to operate a medical or recreational marijuana
business as prescribed by Chapter 6-14, “Medical Marijuana” and Chapter 6-16,
“Recreational Marijuana,” B.R.C. 1981. The Advisory Boarduthority’s responsibilities
shall not include suspension, revocation, or imposition of fines as set forth in Sections 6-
14-14 and 6-16-14 B.R.C. 1981. The city manager shall administer such matters;
(2) To perform licensing functions in a manner necessary to carry out the legislative purposes
and requirements of the state and city marijuana licensing laws; and
(3) To perform all other responsibilities that the council may delegate to it.
(j) The city manager shall issue all licenses granted by the Advisory Boarduthority upon receipt
of the completed application and the operating fee, criminal background fee, annual license
Attachment A - Proposed Ordinance 8381
Item 5A - 2nd Rdg Ordinance 8381 or 8384
regarding renaming of Marijuana Licensing Authority
Page 6
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fee, and any other applicable fees, as required by Sections 4-20-64 “Medical Marijuana
Businesses” and 4-20-67 “Recreational Marijuana Businesses,” B.R.C. 1981, and meeting the
requirements of Subsection 6-14-5(f) “Approval Requirements” or 6-16-6(f) “Approval
Requirements” B.R.C. 1981.
(k) The Advisory Boarduthority shall not perform any administrative functions unless expressly
provided in this code.
(l) The Advisory Boarduthority shall not involve itself in any review under the land use
regulations, Title 9, “Land Use Code,” B.R.C. 1981, unless its opinion is requested by the city
council or the planning board.
Section 2. This ordinance is necessary to protect the public health, safety and welfare of
the residents of the city and covers matters of local concern.
Section 3. The city council deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 18th day of February 2020.
____________________________________
Sam Weaver,
Mayor
Attest:
____________________________________
Lynette Beck,
City Clerk
Attachment A - Proposed Ordinance 8381
Item 5A - 2nd Rdg Ordinance 8381 or 8384
regarding renaming of Marijuana Licensing Authority
Page 7
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READ ON SECOND READING, PASSED AND ADOPTED, this 3rd day of March 2020.
____________________________________
Sam Weaver,
Mayor
Attest:
____________________________________
Lynette Beck,
City Clerk
Attachment A - Proposed Ordinance 8381
Item 5A - 2nd Rdg Ordinance 8381 or 8384
regarding renaming of Marijuana Licensing Authority
Page 8
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ORDINANCE 8384
AN ORDINANCE AMENDING SECTION 2-3-25,
“MARIJUANA LICENSING AUTHORITY,” B.R.C. 1981, BY
CHANGING THE AUTHORITY’S NAME TO CANNABIS
LICENSING AND ADVISORY BOARD AND CLARIFYING ITS
MEMBER TERMS AND LICENSING FUNCTIONS; AND
SETTING FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Section 2-3-25 “Marijuana Licensing Authority” is amended to read as
follows:
2-3-25. - Cannabis Licensing and Advisory BoardMarijuana Licensing Authority.
(a)The City of Boulder Cannabis Licensing and Advisory BoardMarijuana Licensing Authority
shall consist of seven community members who are at least twenty-one years of age, all of
whom are city residents, appointed by City Council for five-year terms. At the time of
appointment, two members wishall be marijuana or hemp business owners or representatives
of such owners and two members shall have a connection to the health or education field. The
remaining members shall be at large. Up to two ex officio non-voting members may be
appointed by the cCity cCouncil as provided below. The Advisory Boarduthority members
who are first appointed shall be designated to serve for staggered terms so that no more than
two the terms of one Advisory Boarduthority member expires in oneeach year. One member
shall serve one year, two members shall serve two-year terms, two members shall serve three-
year terms and two shall serve five-year terms.
(b)City council has discretion to appoint two non-voting ex officio members who will advise the
Advisory Boarduthority. These positions are intended for non-city residents from the
candidate pool, who would otherwise qualify but are prohibited from appointment because of
the resident status requirement.
(c)The city manager serves as secretary to the Advisory Boarduthority. The secretary may be
known as the licensing clerk, and shall serve as the Advisory Boarduthority’s agent for all
functions.
(d)Four members shall constitute a quorum. An affirmative vote of a majority of the members
present is necessary to authorize any action of the Advisory Boarduthority.
Attachment B - Alternative Proposed Ordinance 8384
Item 5A - 2nd Rdg Ordinance 8381 or 8384
regarding renaming of Marijuana Licensing Authority
Page 9
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(e) The Advisory Boarduthority shall be responsible for both advisory and licensing duties as set
forth in this section. Initially the Advisory Boarduthority’s duties shall be limited to an
advisory role. The licensing duties are to be phased in over time. The phase in period shall be
no less than six months and no longer than two years from the date of the Advisory
Boarduthority’s first meeting after formation. The timing of the phasing shall be determined
by the Advisory Boarduthority. The Advisory Boarduthority will establish guidelines for
determining what type of license matters will come before the Advisory Boarduthority and
which will be handled administratively by city staff. The Advisory Boarduthority will
determine the timing and scope of its licensing duties during this transition phase. All
licensing duties will continue to be handled by the city manager until the Advisory
Boarduthority formally determines otherwise.
(f) The Advisory Boarduthority shall have the ability to issue subpoenas in quasi-judicial
proceedings only.
(g) Prior to making any recommendation or taking action, the Advisory Boarduthority shall hold
a public hearing.
(h) The Advisory Boarduthority’s advisory functions are:
(1) Generally, to promote the Boulder community’s interests and values in the local
regulation of marijuana and hemp, while considering the downstream consequences of
such regulations on the community and on public health and safety while supporting
economic development and congruence between local ordinances and state laws.
(2) To advise the city council and city manager on marijuana and hemp issues, strategies,
goals and policies;
(3) To study and make recommendations to council and the city manager regarding
marijuana and hemp related issues raised by council, city manager, state legislative
changes, the public, or the Advisory Boarduthority;
(4) To prioritize and continue any outstanding work from the Marijuana Advisory Panel;
(5) To address issues related to jurisdictional parity; and
(6) To follow the purpose and intent in Chapters 6-14 and 6-16, B.R.C. and any subsequently
adopted related code provisions.
(i) The Advisory Boarduthority’s licensing functions may include:
(1) To grant or refuse applications for licenses to operate a medical or recreational marijuana
business as prescribed by Chapter 6-14, “Medical Marijuana” and Chapter 6-16,
“Recreational Marijuana,” B.R.C. 1981. The Advisory Boarduthority’s responsibilities
shall not include suspension, revocation, or imposition of fines as set forth in Sections 6-
14-14 and 6-16-14 B.R.C. 1981. The city manager shall administer such matters;
(2) To perform licensing functions in a manner necessary to carry out the legislative purposes
and requirements of the state and city marijuana licensing laws; and
(3) To perform all other responsibilities that the council may delegate to it.
(j) The city manager shall issue all licenses granted by the Advisory Boarduthority upon receipt
Attachment B - Alternative Proposed Ordinance 8384
Item 5A - 2nd Rdg Ordinance 8381 or 8384
regarding renaming of Marijuana Licensing Authority
Page 10
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of the completed application and the operating fee, criminal background fee, annual license
fee, and any other applicable fees, as required by Sections 4-20-64 “Medical Marijuana
Businesses” and 4-20-67 “Recreational Marijuana Businesses,” B.R.C. 1981, and meeting the
requirements of Subsection 6-14-5(f) “Approval Requirements” or 6-16-6(f) “Approval
Requirements” B.R.C. 1981.
(k) The Advisory Boarduthority shall not perform any administrative functions unless expressly
provided in this code.
(l) The Advisory Boarduthority shall not involve itself in any review under the land use
regulations, Title 9, “Land Use Code,” B.R.C. 1981, unless its opinion is requested by the city
council or the planning board.
Section 2. This ordinance is necessary to protect the public health, safety and welfare of
the residents of the city and covers matters of local concern.
Section 3. The city council deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 18th day of February 2020.
____________________________________
Sam Weaver,
Mayor
Attest:
____________________________________
Lynette Beck,
City Clerk
Attachment B - Alternative Proposed Ordinance 8384
Item 5A - 2nd Rdg Ordinance 8381 or 8384
regarding renaming of Marijuana Licensing Authority
Page 11
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READ ON SECOND READING, PASSED AND ADOPTED, this 3rd day of March 2020.
____________________________________
Sam Weaver,
Mayor
Attest:
____________________________________
Lynette Beck,
City Clerk
Attachment B - Alternative Proposed Ordinance 8384
Item 5A - 2nd Rdg Ordinance 8381 or 8384
regarding renaming of Marijuana Licensing Authority
Page 12
Item 5B - Update on 2020 Regional, State and Federal Policy Agenda – Page 1
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: March 3, 2020
AGENDA TITLE Update on State Legislation and Consideration of a Motion to
Revise the City of Boulder’s 2020 Regional, State and Federal Policy Agenda
PRESENTERS
Jane S. Brautigam, City Manager
Carl Castillo, Chief Policy Advisor
Taylor Reimann, Assistant to the City Council
EXECUTIVE SUMMARY
This is an opportunity for council to receive a verbal update on matters pending before
the 2020 Colorado General Assembly and to discuss the same. Since legislation is
changing quickly, council is asked to click here to review an up-to-date summary of
active bills that the city is supporting and opposing. Bills that the city has previously
worked on but that have since been killed are not included in the summary.
This is also an opportunity for council to revise the city’s 2020 Regional, State and
Federal Policy Agenda (the “Policy Agenda”). The proposed revision pertains to Position
#14 and is described at the end of the analysis section below.
STAFF RECOMMENDATION
Suggested Motion Language:
Staff requests council consideration of this matter and action in the form of the
following motion:
Motion to approve a revision to Position #14 “SUPPORT FOR BUILDING
COMMUNITY RESILIENCE” in the City of Boulder’s 2020 Regional, State &
Federal Policy Agenda, as described at the end of the analysis section.
Item 5B - Update on 2020 Regional, State and Federal Policy Agenda – Page 2
COUNCIL’S INTERGOVERNMENTAL AFFAIRS COMMITTEE
Council’s Intergovernmental Affairs Committee, composed of Mayor Weaver, Mayor
Pro Tem Yates and council members Brockett, Friend, Joseph and Wallach, is scheduled
to meet on Feb. 27, 2020, to receive an update on legislative matters and to review the
proposed revisions to the Policy Agenda. Since this meeting will have occurred after the
date on which this memo was submitted, the committee’s feedback will be summarized at
the council meeting.
ANALYSIS
State Legislative Priorities
The following are updates on efforts to further council's six state legislative priorities:
1. Enhance and preserve the rights and interests of residents of manufactured
home communities as well as the continued availability of manufactured
housing
On Wednesday, February 19, the two mobile home bills that the city has been
working on passed their first hearing before the House Transportation and Local
Government Committee. The first one (House Bill 20-1196, Mobile Home Park
Act Updates, E. Hooton (D) | J. McCluskie (D) / S. Fenberg (D) | P. Lee (D))
addresses a number of harms identified by a 2018 state sunrise review on
manufactured homes. More specifically, the bill:
Defines what constitutes “retaliation” and prohibits its use against a
homeowner who asserts rights under the MHPA;
Requires transparency and equity in water billing;
Protects homeowners from arbitrary or unfair evictions;
Requires maintenance and repair of the park, operable utilities, and
compensation to displaced homeowners when these requirements are not
met;
Increases homeowner rights to privacy; and
Prohibits unfair park rules from being imposed on homeowners.
HB20-1196 is scheduled to be heard by the House Appropriations Committee on
Friday, February 28.
The second bill (House Bill 20-1201, Opportunity to Purchase, E. Hooton (D) | S.
Gonzales-Gutierrez (D) / D. Moreno (D) | J. Ginal (D)) provides homeowners an
opportunity to work together to purchase their park. It does so by:
Identifying events where a park owner is required to provide notification
that the park is either up for sale or is subject to a change in land use;
Allowing 90 days from the date of that notice for homeowners (or their
agents) to make an offer to purchase the park; and
Item 5B - Update on 2020 Regional, State and Federal Policy Agenda – Page 3
Requiring the park owner to engage in a good-faith consideration of the
offer. The opportunity to purchase is different than a right of refusal in that
it does not establish a right to purchase the park at a set price nor deny the
park owner the ability to accept another offer.
HB20-1201 now awaits consideration on 2nd Reading by the House Committee of
the Whole. This hearing is, however, being delayed while amendments are being
negotiated that may result in the park owners dropping their opposition.
2. Repeal the prohibition on local government bans on the use or sale of specific
types of plastic materials or products or restrictions on containers for
consumer products.
On February 4, the Senate Local Government Committee heard SB20-010, which
would have repealed the state preemption over local government authority to ban
plastics. Unfortunately, the bill died on a 3-2 vote, apparently due to concerns
raised by retailers and plastics manufacturers over non-uniform rules statewide, as
well as significant cost barriers for compostable/biodegradable alternatives that
the bill authority would be used to encourage. There have been discussions about
reintroducing this concept on its own, or as an amendment to the “Management of
Single Use Plastics” bill (HB20-1163, A. Valdez (D) | E. Sirota (D) / J. Gonzales
(D)).
There are two other “zero waste” bills relating to plastics that the city is also
supporting. The first is HB20-1163 (Valdez (D) | E. Sirota (D) / J. Gonzales (D))
which would, as amended, establish rules for the management of single-use
products by prohibiting stores and retail food establishments from providing
single-use plastic carryout bags, single-use plastic stirrers, and single-use plastic
straws to customers at the point of sale. Straws may be obtained by request, and
the bill creates a 10-cent fee paid by the customer to obtain recyclable paper bags.
Unless otherwise directed by local ordinance, 40 percent of the bag fee may be
retained by the establishment, while the remaining 60 percent is retained by the
jurisdiction the establishment resides in. On February 24, HB20-1163 was
referred to the House Finance Committee with an amendment that removed
polystyrene from the scope of the bill.
The second bill is HB20-1162 (Cutter (D) | J. Singer (D) / M. Foote (D) | T. Story
(D)), which would create a statewide prohibition on retail and food establishments
from using polystyrene (aka Styrofoam). On February 24, the bill was referred as
amended to House Committee on Appropriations.
3. Restoration of local government authority to regulate certain pesticide uses
and for additional protections for pollinators, human health and the
environment.
Item 5B - Update on 2020 Regional, State and Federal Policy Agenda – Page 4
The city has been working with the People and Pollinators Action Network and
Senator Fenberg to introduce a bill that would repeal the state law that prohibits
local regulation of pesticide use and application and that explicitly permits local
governments to adopt ordinances concerning the use and application of pesticides.
The bill is expected to be introduced by Friday, February 28, and is being delayed
in an attempt to address some concerns raised by the agricultural industry.
The city is also supporting a related bill (HB20-1180, C. Kipp (D) | S. Jaquez
Lewis (D) / R. Fields (D) | K. Priola (R)) that would protect bee and other
pollinator populations by classifying specific neonicotinoid and sulfoximine
insecticides as restricted-use pesticides, thus prohibiting their use by non-
commercial applicators. The bill exempts uses in connection with the production
of agricultural products or by public applicators. It is scheduled to receive its first
hearing in the House Energy & Environment Committee hearing on Thursday,
March 5.
4. Discourage e-cigarette and tobacco use, especially among youth.
On February 13, the House Committee on Health and Insurance passed HB20-
1001 (K. Mullica (D) | C. Larson (R) / J. Bridges (D) | K. Priola (R)), a bill that
would raise the age of sale to 21 for persons to whom cigarettes, tobacco
products, and nicotine products may be sold. The bill would also significantly
enhance underage sales enforcement by requiring retailers to obtain a state
license. Under current law, fines are often too low to dissuade retailers from
cracking down on underage sales, and no process exists to take away a retailer’s
ability to sell nicotine products if they repeatedly sell products to minors. Under
HB20-1001, the state could suspend a retailer’s license for repeatedly violating
state law. The bill would also mandate more frequent compliance checks and
moves that responsibility to the Department of Revenue. In addition to raising the
age of sale, increasing compliance checks and creating a robust enforcement
mechanism, the bill would close a loophole that allows for the sale of vaping
products online. The online loophole makes it far easier for Colorado youth to
purchase vaping products and then sell them in schools. In an effort to further
combat youth nicotine use, the bill would prohibit flashy advertising in stores that
appeals to youth. It would also prohibit new tobacco product retailers from
opening within 500 feet of a school. The city is supporting this bill which is
awaiting a hearing in the House Finance Committee.
A second bill (HB20-1319, Y. Caraveo (D) | K. Becker (D) / R. Fields (D) | K.
Priola (R)) has been introduced that would prohibit the sale of flavored cigarettes,
tobacco products, and nicotine products, including flavored electronic cigarettes,
and products intended to be added to cigarettes, tobacco products, or nicotine
products to produce a flavor other than tobacco. The city is supporting this bill
which is awaiting its first hearing in the House Health and Insurance Committee.
Item 5B - Update on 2020 Regional, State and Federal Policy Agenda – Page 5
Finally, 18 separate citizen-initiated initiatives with a range of proposed taxes
have been filed with the state. All of them would require voter approval this
November and each would raise hundreds of millions of dollars annually for
tobacco prevention and cessation, with the bulk going to early childhood
education. The backers will settle later on which one they’ll gather signatures for
in order to qualify for the November ballot. The measure with the lowest tax
proposes a $1.20 tax on a pack of cigarettes, and an equivalent amount applied to
other tobacco products and vaping products. It would raise $30 million a year for
tobacco education programs and another $15 million to backfill the recent
decrease in tax revenue for existing recipients. Tobacco education programs in
Colorado are now funded by tobacco taxes, which have been falling in recent
years as tobacco consumption has dropped. The remainder of the money raised
would go to preschool education, a top priority of Gov. Jared Polis. The proposal
with the highest tax would assess $2.60 on a pack of cigarettes, and an equivalent
sum for other tobacco products and vaping products. It would raise $35 million a
year for tobacco education programs, $15 million a year to backfill lost tobacco
tax money, with the rest going to preschool.
5. Including rental housing development in inclusionary zoning
The city is working with CML to introduce a bill that would clarify that the
existing authority of cities and counties to plan for and regulate the use of land
includes the authority to regulate development or redevelopment in order to
promote the construction of new affordable housing units. It would explicitly state
that the provisions of the state's rent control statute do not apply to any land use
regulation that restricts rents on newly constructed or redeveloped housing units
as long as the regulation provides a choice of options to the property owner or
land developer and creates one or more alternatives to the construction of new
affordable housing units on the building site. The city will support this bill, which
is expected to be introduced any day now.
6. Prohibition of driving with a mobile electronic device unless through a
hands-free device.
SB20-065 (C. Hansen (D) / D. Roberts (D)) discourages distracted driving
statewide by requiring adult drivers to use a hands-free accessory while using a
mobile electronic device behind the wheel. If violated, it establishes penalties
ranging from $50 to $300 and driver’s license point deductions from 2 to 4, with
penalties increasing with repeated offenses. The bill encourages drivers to keep
their phones out of their hands so that their attention can stay more focused on the
task of driving, which is an important step forward for roadway safety. On
February 25, SB20-065 was referred as amended to the Committee of the Whole.
The most significant amendments relating to clarifying what is meant by “use” of
a device and creating an exemption for professionals using a two-way radio;
medical devices, ignition interlocks, and equipment screens; and people operating
a commercial vehicle with a commercial driver’s license.
Item 5B - Update on 2020 Regional, State and Federal Policy Agenda – Page 6
There are two other bills pending that would further the city’s Vision Zero safety
objective. HB20-1227 (J. Melton (D) / M. Foote (D)) relates to what is termed
“network-level distracted driving technology.” The bill does not mandate
customer use of the technology, but requires providers to make available network-
level distracted driving technologies so that, when engaged by the driver, a
provider can limit distracting content while the driver is operating the vehicle.
HB20-1227 is scheduled for its first hearing on February 26 before the House
Business Affairs and Labor committee.
The second bill, SB20-061 (M. Foote (D) / K. Becker (D)), creates a class A
traffic offense for failure to yield to bicycles in bicycle lanes. The bill defines bike
lanes and adds protections for bicyclists by establishing that bicyclists have the
right-of-way when riding in them. This bill passed the Senate and the House
Judiciary Committee with bipartisan support, but still faces a debate and final vote
by the House Committee of the Whole.
Other Significant State Legislation
1. HB20-1151 (M. Gray (D) / F. Winter (D)) would authorize a transportation
planning organization (TPO) to exercise the powers of a regional transportation
authority (RTA). In Boulder’s case, this would give the authority to Denver
Regional Council of Governments (DRCOG). Among other powers, the powers
of an RTA include the power to impose various charges, fees, and, with voter
approval, visitor benefit, sales, and use taxes to generate transportation funding.
Boulder has not adopted a position on this bill but has supported the positions
adopted by the Colorado Municipal League and DRCOG to oppose it unless it is
amended to allow for local governments to opt out of the boundaries of such RTA
and to ensure that any revenue generated would not come at the cost of existing
funding from RTD or CDOT. The bill is scheduled to be heard in the House
Transportation and Local Government Committee next Wednesday, March 4.
2. SB20-151 (J. Tate (R) | R. Rodriguez (D) / D. Jackson (D) | C. Larson (R)) would
modify the "Regional Transportation District Act" (Act) in several ways,
including by:
Prohibiting the district from discriminating against people with disabilities
in the provision of transportation services and prohibiting discrimination
against an individual on the basis of race, color, ethnicity, or national
origin in the provision of transportation services and permitting persons
subject of a violation of the prohibition to the ability to bring a civil suit in
state district court.
Adding 2 additional voting board members to be appointed by the
governor for 3-year terms, one to represent constituents with disabilities
and one with experience in equitable transportation planning;
Adding the state treasurer and the executive director of the department of
transportation as nonvoting ex-officio members of the board; and
Item 5B - Update on 2020 Regional, State and Federal Policy Agenda – Page 7
Providing whistle-blower protections to employees of the district and of
entities contracting with the district; includes the district within the scope
of the state auditor's fraud hotline; makes the district's directors and certain
employees subject to ethics requirements of the state constitution; and
clarifies that the district is subject to existing codes of conduct for public
employees.
The city has not taken a position on this bill but is concerned that its proposal to
expand the board and create new liability is not consistent with the city’s goal of
improving the transparency, effectiveness and governance of the RTD board. The
bill is scheduled to be heard in the Senate Transportation and Energy Committee
next Tuesday. At that hearing, a significant amendment is expected to be
introduced that would establish a blue-ribbon panel of local and national transit
agency and transportation experts and local and state officials to perform an in-
depth diagnostic review of RTD’s core functions. The panel would meet as soon
as practicable to develop recommendations to assist with the better functioning of
RTD. Once the blue-ribbon commission completes its work, an accountability
committee would be formed and would work with RTD for two years. The
committee would create recommendations. RTD could choose whether to adopt
those recommendations or not but would have to provide an explanation why they
chose not to adopt the recommendations.
Proposed Changes to Legislative Agenda
As of the date of this memo, staff is suggesting only one revision to the city’s 2020
Regional, State and Federal Policy Agenda, and that is to add the below highlighted
language to Position #14 “Support for Building Community Resilience.” This proposal is
made in recognition of the introduction of federal legislation by Cong. Neguse that would
address this matter.
14.SUPPORT FOR BUILDING COMMUNITY RESILIENCE
Like many cities and communities across the country and around the world, Boulder is
adjusting to a “new normal,” where the effects of climate change are becoming
increasingly apparent. And like residents of other cities that have recently experienced
a severe natural disaster, many of us understandably perceive resilience as preparing
for the kinds of events that are magnified by climate change. But shocks are not
limited to natural hazards or the effects of climate change. A hyper-connected
economy and the ability for pests and diseases to circle the globe with unprecedented
speed, for example, mean the community is confronting a host of challenges that can
strike at little notice and have severe, unknowable repercussions. Boulder’s complex
topography and natural climate variability make it difficult, and sometimes
impossible, to predict when and how often extreme events may occur. Flash flooding,
for example, does not follow the boundaries of established flood maps, and may
inundate neighborhoods and roads with little advance notice, impacting locations that
may not have experienced flooding in the past. At the same time, increasing global
Item 5B - Update on 2020 Regional, State and Federal Policy Agenda – Page 8
temperatures exacerbate many of these hazards. The 2011 National Academies of
Science assessment indicates that a one-degree Celsius rise in temperature would
increase fire incidence probabilities by over 600 percent. Rising temperatures also
increase the length of drought cycles, which intensify flood, fire risks and create
additional risks for Boulder’s water supply. These dry conditions have in turn
exacerbated insect, exotic weed, and disease threats in the flora and fauna
communities. These complex climate and ecological connections show the tight
linkages between Boulder’s risks and complicate solutions to any single problem,
necessitating a holistic approach.
The city will support the following policy changes to help build community resilience:
a) Study the structural and economic impacts of climate resiliency at the Federal
Emergency Management Agency (FEMA), including recommendations on how
to improve the Agency’s use of building codes and standards to prepare for
climate change and address resiliency in housing, public buildings, and
infrastructure such as roads and bridges.
b) Expand opportunities for communities to engage in key decisions related to
siting and management of local and regional energy assets and the ability to
participate in driving investments towards climate resilience efforts and the
mitigation of vulnerabilities.
c) Expand existing state and federal safety requirements as well as the frequency
of vulnerability and risk assessments of electric transmission systems and
critical transmission assets.
d) Provide adequate funding for the Corporation for National and Community
Service (CNCS), the federal agency that administers national service
programs, including AmeriCorps VISTA. The city has in the past relied on
AmeriCorps VISTA volunteers in support of its resilience programming.
NEXT STEPS
With a revised Policy Agenda, city representatives will be able to continue to advocate at
both the General Assembly and Congress to further council’s goals. Council will also
continue to receive regular updates on these advocacy efforts.
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: March 3, 2020
AGENDA TITLE
Online Petitioning Update
PRESENTERS
Jane S. Brautigam, City Manager
Thomas A. Carr, City Attorney
Tanya Ange, Deputy City Manager
Chris Meschuk, Deputy City Manager
Francis X. Duffy, Interim Director of Innovation and Technology
Lynnette Beck, City Clerk
Dianne Marshall, Administrative Specialist III, City Clerk’s Office
Pamela Davis, Senior Management Analyst, City Manager’s Office
Vani Katta, Business Analyst II, Innovation and Technology
EXECUTIVE SUMMARY
Because of the level of community interest, council has directed staff to provide periodic
updates regarding the progress of the online petitioning project. The purpose of this
agenda item is to provide background and a progress report. Staff has selected a vendor,
Runbeck Election Services, to design and build the city’s online petitioning system.
The online petitioning system will be deployed in two phases. The following table
provides information on the functionality available in each phase.
Item 7A - Update regarding Online Petitioning Page 1
# Phase Functionality Available Estimated
Timeline
1 OPS Phase 1
MVP
Fully secure system that allows constituents to endorse an
uploaded Petition.
June 12, 2020
2 OPS Phase 2 Various Petition Management, reporting and support
components:
1. Petition creation, approval, and certification workflow.
2. Petition management features including calendars,
notifications and current and historical petition reporting.
3. Petition archival and storage.
November 13, 2020
BACKGROUND
At its December 19, 2017 meeting, the City Council directed the city manager to form a
working group to address concerns raised by council members and members of the public
about the city’s campaign finance and election laws. The charter for the working group
was presented on January 4, 2018. The charter describes the expectations established by
the City Council for analysis of the Boulder Home Rule Charter and Boulder Revised
Code provisions related to campaign finance, initiative and referenda provisions and
other election matters.
The working group was Matt Benjamin, Ed Byrne, Allyn Feinberg, Mark McIntyre,
Rionda Osman-Jouchoux, Steve Pomerance, Evan Ravitz, Tyler Romero (resigned),
Michael Schreiner, John Spitzer and Valerie Yates. The working group divided its
responsibilities into two separate efforts:
A review of many of the direct democracy provisions of the city, predominately
related to municipal initiatives, initiated charter amendments, referenda and recall
provisions; and
Campaign finance reform matters on election procedures and requirements.
The working group recommended that council consider ballot measures to amend the
city’s Charter as specified in its report dated April 17, 2018. On September 4, 2018,
council adopted Ordinance 8274, asking voters to consider amendments to Charter
Sections 38 (initiative petitions), 45 (referendum petitions) and 56 (recall petitions). At
the November 6, 2018 election 35,465 electors voted in favor of the measure and 14,363
voted against it. Included in the amendments was a provision allowing for electronic
endorsement of petitions.
On December 11, 2018, council held a study session to discuss the election results and
next steps. Council directed staff to undertake a two-step process with respect to online
petitioning. The first step would have been to implement a process used for signature
gathering as in Denver. Denver allows proponents to gather signatures using a program,
developed by Denver, on an iPad. The program authenticates the voter’s credentials in
real time against the Denver voter registration database. As a county, Denver manages its
own voter registration data. The second step would have been a full-fledged online
petitioning system. At that time, Denver was interested in marketing its electronic
signature software.
Item 7A - Update regarding Online Petitioning Page 2
Staff began immediately working to implement Denver’s system. Unfortunately, Denver
decided to delay efforts to market its software because of other more pressing needs in its
election unit. On February 19, 2019, council passed Ordinance 8317 on first reading, to
allow for implementation of the Denver system.
At a public hearing on March 5, 2019, staff informed council that the Denver system
would not be available in time for the 2019 election. Council decided not to adopt
Ordinance 8317 and directed staff to proceed with implementation of a full-fledged
online system.
At a special council meeting on April 23, 2019, staff provided council with an update on
the progress of the project. Staff informed council that staff intended to develop a
business process, identify system parameters, select a vendor through a request for
proposals, procure the system, implement a test environment and test the system. Staff
proposed a timeline that would allow for implementation by April 2020. Staff cautioned
however, that this timeline was aggressive and that it was possible that the system would
not be ready for the November 2020 election. The minutes for the April 23, 2019 council
meeting state “Council agreed that if the program was not adequately ready by April 1,
2020 that it should be carried over to the next election cycle in 2021.” Council members
stressed the importance of building a system that was secure and provided protection for
Personally Identifying Information.
On May 14, 2019, staff met with Daniel Newman, Chief Executive Officer of MapLight,
a non-profit technology organization. Mr. Newman informed staff that he had a grant
which would fund creating and implementing an online petition system. On May 29,
2019 staff received a written proposal from Maplight. The proposal offered the city a
free, open source system.
While this was an attractive possibility, staff concluded that more information was
necessary to properly evaluate MapLight’s offer. Accordingly, staff mapped the current
method and developed criteria for a new system. Staff released an RFP on July 8, 2019.
MapLight was invited to and did respond to the RFP.
The RFP called for a robust, secure and easy to use system for electronic petitioning.
One key element of a secure system is a reliable form of identity authentication. This
security is necessary for two reasons. Under the city’s Charter, only persons registered to
vote in the City of Boulder, who have a residential mailing address in Boulder, can sign
or endorse a petition. The new system should provide a means to verify that the person
logging in is registered to vote in Boulder. It important that the system be resistant to
robotic and brute force attacks. Identity authentication provides a method to deter some
hacking attacks on the system. The proposed approach to voter identity verification is a
best practice known as multi-factor authentication.
Within this approach, a computer user is granted access to a site after successfully
presenting two or more pieces of evidence (or factors) to an authentication mechanism:
knowledge (something the user and only the user knows, for example a password),
Item 7A - Update regarding Online Petitioning Page 3
possession (something the user and only the user has, for example - a verification code),
and inherence (something the user and only the user is, for example - a finger print).
Multi-factor authentication ensures that only City of Boulder eligible voters can access
and endorse petitions. In addition, this front-end log-in process ensures that the system is
less subject to brute force signature campaigns by internet bots (that is, someone writing
computer code that signs a petition 20,000 times in rapid succession). These types of
intrusions could create a significant burden on petition committees and city staff to
process, and/or could compromise results all together.
Under staff’s proposed process, a person would enter his or her voter registration ID, full
name, year of birth and residential address. The system would then validate that the
person is a City of Boulder registered voter. To provide additional security, the person
would then request a confirmation code be sent to the phone number in the state voter
database either by text or voice message. The person would then enter the confirmation
code to gain access to the petition endorsement page. If a person had not previously
supplied a phone number, that person could update the voter registration system and
return to the city system later. To be effective, the city needs real time voter information
to be able to continuously validate and verify that the voter is who they say they are and
confirm that they are a current City of Boulder registered voter.
The RFP asked for a system to handle electronic petitions only and not both paper and
electronic petitions for the same matter. Under the proposal, a petitioner would be able to
use paper petitions or electronic petitions, but not both for the same initiative, referendum
or recall. The challenge of mixing online petitioning and paper is identifying and
removing duplicate signatures/endorsements. This is a challenge with all paper petitions
and requires a significant commitment from the City Clerk’s Office. It is difficult to
predict how many petitions the city will receive. Over the last 10 years, the city has had
four successful initiative petitions and no referendum or recall petitions. The 2018
Charter changes reduced the number of signatures required for initiatives, referenda and
recalls. It is reasonable to expect more petitions, although impossible to predict the
number with sufficient reliability to staff in advance. The use of electronic petitions will
not require additional staff resources.
On August 16, 2019, the city received nine responses to the RFP. From these, staff
selected and interviewed three finalists. MapLight was one of the finalists. MapLight
did not propose a free system in response to the RFP. Of the three finalists, MapLight
and Runbeck were very close in price. Staff selected Runbeck principally because the
company had more experience with secure election systems and they had existing
relationships with several secretaries of state, including Colorado’s. The timetable for
availability for the 2020 election cycle called for contract completion and mechanism for
access to a daily voter registration file by October 2019. The city signed the contract
with Runbeck in December 2019.
MapLight proposed an open source system, while Runbeck proposed a proprietary
system. Under an open source system, the developer makes the code available free to the
public who can use it and update it. A proprietary system can only be sold by the
Item 7A - Update regarding Online Petitioning Page 4
developer. Whether the proposal was open source or proprietary was not a significant
factor in the city’s decision-making process. The city uses both open source and
proprietary systems. Staff was more concerned about the ability of the respective bidders
to produce a safe, reliable and secure online system. Staff believes that Runbeck made
the better proposal.
Staff has been working with Runbeck to design the system with the belief that Boulder
County will provide access to a daily voter registration file. As stated above, the online
petition system will be deployed in two phases. The following table provides information
on the functionality available in each phase.
# Phase Functionality Available Estimated
Timeline
1 OPS Phase 1
MVP
Fully secure system that allows constituents to endorse an
uploaded Petition.
June 12, 2020
2 OPS Phase 2 Various Petition Management, reporting and support
components:
4. Petition creation, approval and certification workflow.
5. Petition management features including calendars,
notifications and current and historical petition reporting.
6. Petition archival and storage.
November 13, 2020
The city has faced challenges in accessing voter registration data. The Secretary of
State’s office has never supplied voter registration data directly to a city. The SOS has
thus far declined to share the voter data files with Boulder. They have directed the city to
work through Boulder County, which is how the city currently manages municipal
elections. Council members have reported that both the Secretary of State and the
Boulder County Clerk have expressed concerns about online petitioning for both policy
and security reasons. Nevertheless, staff is in the process of finalizing a Memorandum of
Understanding with Boulder County for access to a daily voter registration file.
On December 18, 2019, the city asked the members of the former elections working
group to meet. The group raised several questions. They expressed support for open
source software and for allowing both electronic and paper petitions for the same matter.
Either change would require additional development time and a change to the contract
with Runbeck. Runbeck has not expressed any interest in producing open source
software.
Steve Pomerance, a member of the working group, has made several suggestions which
staff has explored. He has suggested that the city provide an option for voters to have a
postcard sent in addition to a phone message. Mr. Pomerance also suggested using credit
cards to verify a person’s identity while charging them a nominal fee of $1.00. The
challenge with postcards is the uncertainty in the required staff levels needed to manage
such a system and the security risk related to postcard disposal/misuse. The maintenance
of credit card information is governed by strict regulations. This would add an additional
level of complication to the system and require the city to pay credit card processing fees
for each transaction.
There have been several questions asked about the system. The following is an attempt
to provide answers to these questions:
Item 7A - Update regarding Online Petitioning Page 5
Q. Why did the city not accept MapLight’s free offer?
A. With a new system such as this, staff believed that it was important to proceed with a
RFP to better understand what might be available. Staff also was concerned about
customer service and respondents’ abilities to address any security related issues after
implementation. MapLight’s RFP response was similar in price to Runbeck’s. MapLight
subsequently offered a free product that would not have met the RFP requirements. It
would be highly unusual to allow a disappointed participant to rewrite the RFP
requirements after conclusion of the process. Staff asked for comments on the RFP.
MapLight did not provide any.
Q. Why did the city not require open source software in the RFP?
A. Staff’s primary concern was in the system being implemented, not in how others
might be able to benefit from the software.
Q. The State of Arizona has a system for signing candidate petitions. Why did the city
not acquire that system?
A. Arizona developed its system in-house. They have not offered to sell the system.
Q. Why has staff not accepted MapLight’s most recent offer for a free system?
A. MapLight participated in the RFP process. It would be highly unusual to allow an
unsuccessful participant to make an offer that would essentially rewrite the RFP. This
would undermine the procurement process and encourage future vendors to wait until
after the process is completed to make a best offer.
Item 7A - Update regarding Online Petitioning Page 6
Item 8B - Council Agenda Committee Time Change – Page 1
CITY OF BOULDER
CITY COUNCIL AGENDA ITEM
MEETING DATE: March 3, 2020
AGENDA TITLE
Council Agenda Committee Time Change
PRESENTER/S
Jane S. Brautigam, City Manager
Tanya Ange, Deputy City Manager
Alyssa Dinberg, Management Analyst
The purpose of this memo is to summarize and follow-up on the request from City
Council to explore changing the Council Agenda Committee (CAC) meeting time. Part of
this exploration would be to survey staff who frequently attend CAC.
On February 10, 2020, a survey was sent to department directors and staff most impacted
by a meeting time change. Staff were not asked to provide feedback on keeping current
meeting time versus the proposed times. They were surveyed the following questions:
1. Please rate these times in order of preference. Note that regardless of the time
chosen, meetings will be held to one hour.
a. Mondays at 4:30 PM
b. Mondays at 5:00 PM
c. Mondays at 5:30 PM
2. Will changing the time of CAC impact your workflow and staff’s availability to
attend? If so, please explain.
SUMMARY OF RESULTS FROM STAFF SURVEY
Question 1:
Item 8B - Council Agenda Committee Time Change – Page 2
o Mondays at 4:30 PM – 100% of survey participants chose this as the first-
choice option.
o Mondays at 5:00 PM – 96.7% of survey participants chose this as the
second-choice option.
o Mondays at 5:30 PM – 3.3% of survey participants chose this as the third-
choice option
Question 2 (themes):
o Personal commitments, including but not limited to:
Childcare needs, extracurricular activities and family-work balance
o Impacts to workflow including:
Reduction of time to adjust presentations and prepare responses to
Council questions by one half
With less time between CAC and Council, staff may have more
evening hours preparing for the meeting
o Other city business
o Transportation Advisory Board (TAB) is on Mondays once a month,
and having CAC late on Monday afternoon may impact preparation for
TAB.
o Could infringe upon Monday advisory board meeting preparation
(Parks and Recreation Advisory Board, Open Space Board of Trustees,
others?).
Should Council choose to change the CAC meeting time, it is staff’s recommendation to
begin implementation starting on the first day of CAC rotation 3 which is April 13, 2020.
INFORMATION ITEM
MEMORANDUM
To: Mayor and Members of Council
From: Jane S. Brautigam, City Manager
Mary Ann Weideman, Interim Director of Public Works
Michael Eubank, Project Manager, Office of Special Events
Date: February 27, 2020
Subject: Information Item: Update on the 2020 Colorado Classic Women’s Pro Cycling
Road Race
EXECUTIVE SUMMARY
Per City Council request, this memorandum serves as an update to the December 3, 2019 City
Council meeting in regard to a pending special event application for the 2020 Colorado Classic
Women’s Pro Cycling Road Race and the request for city sponsorship. The Office of Special
Events recommended city in-kind support up to $25,000 with a formal request to the Boulder
Convention and Visitors Bureau for consideration of an additional $10,000 in local lodging for a
total $35,000 Boulder Stage Bid Package. The Bid for hosting a stage in Boulder would also be
contingent on Boulder County review of the proposed route and City of Boulder review of the
proposed Start/Finish venue and proposed route within the City Limits.
City Council requested an update prior to any public announcement or final agreement with the
event organizer.
BOULDER STAGE PROPOSAL UPDATE
Proposed City Stage Cost
As a potential host city for the 2020 Colorado Classic Saturday Stage Race, the City of Boulder
will provide a support package for specific city services and invoices not exceeding $33,000.00.
Any and all additional costs and expenses exceeding this amount will be the sole responsibility
of the event organizer.
Boulder Convention and Visitors Bureau
Staff met with the Boulder Convention and Visitors Bureau to request financial support for local
lodging expenses up to $10,000. The Visitor Bureau Executive Committee unfortunately did not
have available funds for financial support and respectfully declined the request for funding the
80 local room nights. However, the Convention and Visitors Bureau did offer to assist in
marketing the iconic Women’s Pro Cycling Road Race and Boulder Stage.
Local Lodging
Staff identified local lodging options with the Millennium Hotel to include in the Boulder Stage
Bid for the requested 80 room nights totaling $7,920.00. Providing local lodging to promote
Boulder businesses and restaurants is an important component for economic impact as well as
encouraging more community interaction with the teams and athletes. The anticipated cost of
lodging can be paid from the existing 2020 Special Events budget.
Proposed Start/Finish Venue
The proposed start/finish venue is Stazio Softball Fields located at 2445 Stazio Dr. in East
Boulder. This location will minimize traffic impacts in key areas, corridors and the business
districts but is also easily accessible by bike, the anticipated transportation option for most local
spectators.
Proposed Race Route in the City Limits
The proposed race route will have minimal city street impact as the participants will leave and
return to Stazio Fields while primarily staying north of the City in Boulder County.
Example Route Map leaving and re-entering the City Limits from Stazio Fields
Next Steps
If you have any questions or concerns in regard to this proposal, please contact Mike Eubank at
303-413-7226 by March 6. The anticipated press release from the event organizer is expected to
occur during the week of March 9, but will not include specific venue or route details.
CITY OF BOULDER
BOULDER, COLORADO
BOARDS AND COMMISSIONS MEETING
MINUTES
Name of Board/ Commission: Boulder Arts Commission
Date of Meeting: November 20, 2019 at the Main Boulder Public Library, 1001 Arapahoe Ave.
Contact information preparing summary: Celia Seaton, 303-441-3206
Commission members present: Mark Villarreal, Kathleen McCormick, Erica Joos, Devin Hughes
Commission members absent: Bruce Borowsky
Library staff present:
Matt Chasansky, Office of Arts & Culture Manager
Lauren Click, Coordinator, Grants
Mary Haan, Coordinator, Programs for Artists
Mandy Vink, Coordinator, Public Art
David Farnan, Director
Celia Seaton, Administrative Specialist
City staff present:
None
Members of the public present: David Dadone (BMoCA), Theresa McGriff, Richard Allegra, Madalene (Phoenix
Asylum), Stephanie Swartz, and Amanda Berg Wilson (The Catamounts)
Type of Meeting: Regular
Agenda Item 1: Call to order and approval of agenda [0:00:18 Audio min.]
The meeting was called to order. Villarreal asked the group for any addendums or changes to the agenda. Being none, there
was a nod of approval for the existing agenda.
Agenda Item 2: Review of Minutes [0:00:41 Audio min.]
Item 2A, Approval/Review of October 2019 Retreat Meeting Minutes
Villarreal asked the commission for changes or addendums regarding these minutes. McCormick suggested a clarification
noting the start time of the retreat meeting. Villarreal relayed two phrasing requests. McCormick made a motion to approve
the minutes as amended; Joos seconded. All were in favor and the motion passed unanimously.
Agenda Item 3: Public comment [0.03.00 Audio min.]
Dadone read from a letter he presented to City Council on November 19th and distributed a visual indicating potential
Boulder Museum of Contemporary Art (BMoCA) expansion. Letter concerned outreach and programming enhancements
that necessitate space beyond the current BMoCA building and proposed community/coworking /gallery space in the
building nearby (see handouts for images). He asked commission to advocate to council for this “best use of the space” that
“advances the arts.” McCormick serves on the BMoCA board and is “happy” to support. Villarreal recommended the arts
community unite in a lobbying group for consistent representation at council to effect change. Villarreal will relay a copy
of the annual letter to City Council to Dadone. Farnan: cited building not currently available for sale; possibility within the
next three years and after the Facilities and Asset Management Master Plan. Farnan also clarified that ballot measure 2M
referenced by Dadone was for BMoCA’s renovation, not expansion.
Berg Wilson expressed appreciation to the commission for their service. She referenced the $250,000 which seems
“primed” to assist in funding the larger organizations/facilities. She understands the reasoning of making sure these groups
are sustainable. She reported cost for The Catamounts leasing space at The Dairy as rising 55% in 8 years (understanding
that The Dairy must also keep their pricing in line of sustainability for itself). Catamounts can only increase their ticket
prices by so much to absorb that 6% a year increase for overhead. While unsure of the solution, she beseeched commission
to look into possibilities. Villarreal highlighted mention of opportunity zones in the commission’s annual letter to council,
which may provide financial relief to artists trying to acquire studio space.
Madalene’s nonprofit provides studio space for local crafters/makers – excited about the talk of opportunity zones,
interested in future engagement.
Agenda Item 4: Public Art Program [0.22.53 Audio min.]
A. DISCUSSION: Site of the Sculpture donated by Mark Addison
Vink presented on the current (raised bed at 15th & Pearl) and approved future site (16th & Pearl) of Strength from
Within by Melanie Yazzie. The permanent location has been reviewed and approved already by Transportation,
Community Vitality, and the community (with permitting underway). Donor Addison’s email (see packet) has
stimulated the discussion around retaining the sculpture in its current spot. If kept on the raised bed, the site would
be removed from opportunity for ongoing temporary works. Additional considerations include an entirely new
permitting application and review process as well as review and approval by Forestry, Community Vitality, Parks
and Recreation, and the community at large. Planned permanent location budget cost $6,725.48 vs. $8,100.98 if
kept in the temporary space.
Chasansky relayed some of Addison’s comments (plantings surrounding current site add interest, more pedestrian
traffic in this site, moving it again might cause damage to the piece, the other site reminds him of “plop art,” it
wouldn’t belong). Villarreal: “Plop art is anything that was made off site and placed it a location. It’s plop art now
where it is.” Noting retreat discussion concerning deliberation over already-decided items, he recalled commission
intention to address the perceived dearth of public art toward the east end of Pearl (where this piece would be
permanently situated). McCormick: “All the stimulus in the background” of current site can distract from the
“beautiful cut-out work” as opposed to the permanent site against a building. Hughes agreed with the original
decision. McCormick noted the potential additional costs and delay in schedule that a new permitting path would
necessitate, which goes against the donor’s prior encouragement to get the piece set in a location as soon as
possible.
All commissioners were in accord with the original decision made. All expressed appreciation to Addison for his
donation.
Agenda Item 5: Grant Program [0.32.53 Audio min.]
A. ACTION: Right Relationship Boulder, Celebrate Boulder’s Native Peoples, $10,000
Villarreal felt the report was straightforward. McCormick noted the 400-800 in attendance, she was at the Boulder
High event and appreciated the large crowd. Joos noted that funding came from a relationship with the HRC,
emphasizing to council that the Arts Commission is collaborating and forging relationships, not siloing itself –
“real investment in this.” Villarreal agreed – Museum of Boulder and The Dairy “collaborated extensively.”
Joos moved that the Right Relationship Boulder grant report be approved. McCormick seconded, and all were in
favor.
B. ACTION: Funding Structure of the 2020 Grants Cycle
See packet for options for the 2020 grant cycle funding structure.
Regarding funding structure of the “new” $250,000, staff recommend distributing funds across extra-large and
large 2019 GOS applicants with scores above the threshold. Discussion of other options including distributing
funds across all GOS category applicants with scores that met threshold, and fully funding extra-large and large
2019 GOS applicants with scores above threshold. Joos’s first thought is to expand beyond the extra-large and
large. She also does not like partially funding a group. McCormick recalled council desire to fund large/extra-
large facility-based orgs. Farnan noted that there was no discussion at the council budget meeting about this.
Hughes wondered if there was less of a “directive” with this ongoing funding. Farnan’s understanding was that it
was a continuation of their previous charge. Villarreal wants to “honor the [commission] narrative,” including
larger-budgeted groups without requiring facility ownership. Hughes: “Not democratic” to only award the “top
earners” – “more buy-in… if we could disburse to as many organizations as possible.” Villarreal: “Big mistake.
We were transparent with council last year that we wanted the $250,000 to be based on budget size and not
restricted by ownership of a facility.” Hughes disapproves only funding top level, a “trend in this country” that
Boulder values can go against. McCormick suggested compromise of fully funding the two groups which have
facilities and then providing a percentage to others.
As commission appeared split, Farnan plans to consult with CMO; commission will be tasked with a vote in
December. Villarreal tabled the discussion until then.
Regarding Equity Grant, staff recommend dedicating to Indigenous Peoples + Climate Change Fellowship.
Learning from indigenous peoples’ relationship to the land can assist with climate change initiative. Other ideas:
training, equity fellowship for individual artists. Chasansky: deference to the tribal leadership for artist selection
would be necessary. McCormick wondered about the impact of not funding Indigenous People’s Day. Chasansky
noted that leadership from Indigenous People’s Day “missed” the money that was not given in this past cycle. Joos
doesn’t favor equity fellowship for individuals as this would “pit” artists against each other. Villarreal, Joos, and
Hughes agreed with staff recommendation. McCormick “needs to wrap her head around it.” Staff will come back
with structure.
Villarreal moved that the $10,000 equity grant funds be dedicated to Indigenous Peoples Day + Climate Change
Fellowship as a work in progress with details and information to be decided later. Hughes seconded and all were in
favor. The commission took a short break at this time.
C. ACTION: 2020 Grants Panel
Nominees: Jasmine Baetz, Sarah Braverman, Katharine Reece, Cynthia Sliker, and Belgin Yucelin
Joos moved that Katharine Reece, Cynthia Sliker, Belgin Yucelin, Jasmine Baetz be appointed to the 2020 Boulder
Arts Commission grant panel. Hughes seconded and the motion was unanimously approved.
D. DISCUSSION: Update on Equity Fund, Martin Luther King, Jr. Day Awards – “great collaboration” with HRC per
Hughes.
E. DISCUSSION AND ACTION: Disposition of Unspent 2019 Grant Funds and Martin Luther King, Jr. Day grant
request from the Second Baptist Church
Click noted $6,243.34 in unspent 2019 funds. Staff recommend $500 for the MLK Jr. Day program/HRC
partnership, with the remainder ($5,743.34) going to 2020 Rental Assistance Funds.
Villarreal moved that $6,243.34 be dedicated as such: $500 for the MLK Jr. Day program/HRC partnership, with
the remainder ($5,743.34) going to 2020 Rental Assistance Funds. Hughes seconded and approval was unanimous.
Staff noted upcoming events: 2020 Grant Info Sessions for Applicants on 12/11/19 and Commission/Panel Grants
training on 1/21/20.
Agenda Item 6: Matters from Commissioners [1.37.09 Audio min.]
A. Annual Priorities Letter to City Council – Villarreal had provided a draft for discussion (see packet) – Addendums
to the letter are permissible. Villarreal emphasized “opportunity zone” discussion. Hughes suggested mention of
incentivizing diversity among arts organizations. Joos noted commission’s intentional desire for inclusivity with
“less of a Eurocentric lens over arts and culture than perhaps in the past,” (e.g., removal of the artistic excellence
criteria). Joos: Commission funds culture, not relegated to a museum (e.g., funding Indigenous Peoples Day).
Villarreal made a motion to approve the letter pending amendments as discussed, with continued drafting of final
copy (with one-on-one emails), with the final draft to be received by Seaton by the clerk’s due date of 12/13/19.
B. First discussion of historical data on community funding – Villarreal tabled this discussion until the December
meeting.
Agenda Item 7: Matters from Staff [1.54.33 Audio min.]
A. DISCUSSION: Questions About the Manager’s Memo - Chasansky welcomed questions by email.
B. 2020 Work Plan – (see handouts). Staff presented an overall view in the realms of Public Art (e.g., Public Art
Social), grants and support for cultural organizations (e.g., hosting quarterly cultural organization summits),
support for artists and creative professionals (e.g., Dance Bridge and Dance Showcase), creative economy and the
NoBo Art District (e.g., office relocation sponsorship), Creative Neighborhoods (e.g., East Boulder Subcommunity
Commissioner Villarreal approved these minutes on February 19, 2020; and Celia Seaton attested to it.
Plan), and civic dialog/Boulder Arts Week (e.g., Climate Change Initiative). Venues (CCS tax) and programs for
youth (such as sponsorship of the Open Studios High School Program) were also discussed.
The Office of Arts and Culture has partnered with the Climate Initiatives Department to address the urgent
situation facing the world. Chasansky presented a diagram featuring culture/arts as an integral component along
with equity and resilience when considering the change necessary in land use, resources, financial systems,
ecosystems and energy.
Agenda Item 10: Adjournment [2.31.25 Audio min.]
There being no further business to come before the commission at this time, the meeting was adjourned.
Date, time, and location of next meeting:
The next Boulder Arts Commission meeting will be at 6 p.m. on Wednesday, December 18, 2019, in the Boulder
Creek Room at the Main Library, 1001 Arapahoe Ave., Boulder, CO 80302.
CITY OF BOULDER
BOULDER, COLORADO
BOARDS AND COMMISSIONS MEETING
MINUTES
Name of Board/ Commission: Boulder Arts Commission
Date of Meeting: December 18, 2019 at the Main Boulder Public Library, 1001 Arapahoe Ave.
Contact information preparing summary: Celia Seaton, 303-441-3206
Commission members present: Mark Villarreal, Kathleen McCormick, Erica Joos, Bruce Borowsky (Joos arrived at 6:10, left
at 8:05 PM), Devin Hughes (Hughes arrived at 6:15 PM) note: Meeting began at 6:00 PM.
Commission members absent: None.
Library staff present:
Matt Chasansky, Office of Arts & Culture Manager
Lauren Click, Coordinator, Grants
Mary Haan, Coordinator, Programs for Artists
Mandy Vink, Coordinator, Public Art
David Farnan, Director
Celia Seaton, Administrative Specialist
City staff present:
None
Members of the public present: Jessie Friedman, Jules Levinson, Rick Dallago, Gwen Burak, Maria Pacca.
Type of Meeting: Regular
Agenda Item 1: Call to order and approval of agenda [0:00:05 Audio min.]
The meeting was called to order. As Joos and Hughes were not yet present, the review of the minutes will follow public
comment. McCormick moved to approve the agenda as amended, Villarreal seconded, and the motion carried unanimously.
Agenda Item 2: Public comment [0.01.59 Audio min.]
Executive Director of the Jaipur Literature Festival (JLF), Jessie Friedman, expressed appreciation for commission’s
“arduous” work and discussed new funding ($250,000). She spoke to the “unfortunate outcomes” last spring when several
larger organizations who met the threshold failed to garner funding (including Chautauqua, Boulder Ballet, and her own).
“Absurd and lamentable” for these groups to not be city-funded. Concerned that commission distribute the funds in a
“manner” along with council’s intent (largest organizations in need of support). “Specific purpose” that should be
“respected, honored and fulfilled.”
Levinson (also associated with JLF) spoke next. “Spreading the money around … was absent from the process last spring.”
“Notion of equitable action that evening was based on …distorted… and erroneous” report of JLF receiving an “unfair share
of funding.” City’s funding for JLF only 1/3 of that reported, so the “notion that JLF received more than their fair share of
funding is false.” Acknowledged commission’s “agonizing” task making funding decisions. Advised commission act
“careful and cognizant in conversations and attempts to be equitable and democratic” and distribute the funds in accordance
with council’s intent.
Agenda Item 3: Review of Minutes [0:12:11 Audio min.]
Item 3A, Approval/Review of November 2019 Meeting Minutes
Villarreal asked the commission for changes or addendums regarding these minutes. Villarreal and McCormick both
requested a summarizing statement that commission was in accord with the original decision made for the Yazzie sculpture
donation location. McCormick moved to approve the November minutes as amended, Hughes seconded, and the motion
was unanimously approved.
Agenda Item 4: Grant Program [0.14.15 Audio min.]
A. ACTION: Funding structure of the 2020 grants cycle – Farnan clarified that if commission prefers an option other
than staff recommendation, consultation with City Council will be required for “permission to not use [the funding]
in the way it was intended.” Chasansky clarified council-approved directive for the 2020 budget: targeting these
monies to facilities-based cultural organizations, thus “closing the gap of inadequate government grant funding for
the city’s largest cultural destinations.” Borowsky reported how his conversations with council members fortified
his sense that commission process should align with the above directive. Borowsky made a motion for the staff
recommended distribution of funds across extra-large and large 2019 GOS applicants with scores above the
threshold.
Other options discussed: fully funding extra-large and large 2019 GOS applicants with scores above the threshold
and distributing funds across all GOS category applicants, with scores above the threshold. Villarreal queried
where the extra $10,000 would come from if fully funding. Click noted the grants that have not yet opened for
application (e.g., cultural field trip funds, equity fund, second round of rental assistance fund). However, relevant
informational sessions on these grants have occurred. The idea of modifying already-published funding
opportunities “leaves a bad taste in [Villarreal’s] mouth.” Joos and McCormick agreed. McCormick aligned with
staff recommendation. Joos: “we are beholden to council to use the funds for what they were intended,” speaking
to commission “integrity.” She noted importance of continuing to champion the smaller organizations.
For the decision process, staff recommended letting 2019 scores stand (though applicants may submit a statement
clarifying any updates or changes to 2019 application) as opposed to going through the full application process
again. McCormick favored the staff recommendation – “these groups have already qualified.” Villarreal: as this is
just for 2 years and not 3, unfair to run applicants through the whole process again. Borowsky agreed.
Discussion of this being determined as a 1 or 2-year commitment. Chasansky discussed inherent issues in granting
multi-year funding within a city budget that is redetermined annually. McCormick noted that language could be
included clarifying that the monies fall dependent on the city budget accommodating this funding. Villarreal,
Borowsky, and McCormick agreed on 2-year duration. Joos wondered about future possibility of repurposing
money to include smaller organizations. Historically, Farnan explained, identified needs are responded to
incrementally. As the Cultural Plan calls for more funding, commission is likely to request further funding from
council. Joos feels strongly that this conversation was initiated by large organizations who were also facilities
because they could offer better services for smaller groups (“trickle-down effect”). She sees a shift to addressing
the gap of funding for larger groups, which is a different thing – smaller groups also have a funding gap. Joos
beseeched commission be open to further conversation down the road (as she views current “heavy weighting”
toward large and extra-large when all sizes are underfunded). Hughes, Borowsky, and McCormick agreed.
Chasansky reminded commission that the funds granted in 2015 amounted to $250,000 total – now grown to
2020’s $925,000 overall ($748,000 of that in general operating support).
Borowsky moved that, in 2020, the $250,000 in grant funds be dedicated to distributing funds across extra-large
and large 2019 GOS applicants with scores above the score threshold set by the Boulder Arts Commission. Scores
from 2019 stand; applicants may submit a statement clarifying any updates or changes to their 2019 application.
McCormick seconded. Villarreal made a friendly amendment to adjust the time period from 2020 to 2020-2021.
The motion was approved 3-2, with Hughes and Joos in dissent.
Commission and Panel Grants Training set for January 21st at the Boulder Public Library.
Break taken, wherein commissioners viewed the newly installed mural art in the reconstructed Main Library
bathrooms – the first fully-realized project stemming from the Percent for Art program.
Agenda Item 5: Matters from Commissioners [0.58.59 Audio min.]
A. Final discussion of the letter to City Council – gracious extension to get this to City Clerk by December 19th.
Group discussed suggested adjustments to the draft in the packet with Chasansky capturing changes. Villarreal
will incorporate edits and relay to Seaton by tomorrow, December 18th. McCormick made a motion to approve the
letter as redrafted in the meeting. Villarreal seconded, and the motion was unanimously approved.
B. Discussion of historical data on community funding – Villarreal noted that staff’s findings disproved his sense that
dance was underfunded (graph in packet). He provided a monetary breakdown of the historical funding for various
organizations (see handouts). Borowsky: year-by-year comparisons may assist with future discussion (e.g., one
year, music is most funded - the next, visual art). Group concurred that “catch-up” funding is not needed for any
single disadvantaged group.
Commissioner Villarreal approved these minutes on February 19, 2020; and Celia Seaton attested to it.
C. Proposed letter of support for Los Seis de Boulder – Villarreal discussed this advocacy for a permanent sculpture at
28th and Arapahoe where Colorado Department of Transportation (CDOT) has the right-of-way. Villarreal distilled
a few points for the letter. 1)This was originally a project awarded by Arts Commission as a grant recipient,
backed up by commission letter of support to make the sculpture permanent on the CU campus. 2)Project provides
needed alternative history of Boulder that is overlooked. 3)Commission recommends to CDOT that this would be
a worthwhile project.
Hughes made a motion to endorse the Los Seis CDOT project via a letter of support. Seconded by McCormick, all
were in favor; the motion passed unanimously.
Agenda Item 6: Matters from Staff [2.09.47 Audio min.]
A. DISCUSSION: Questions About the Manager’s Memo - Chasansky welcomed questions by email.
B. January 2020 meeting – Chasansky proposed that the regular January 2020 meeting be replaced by a “meet and
greet” session (“The Year Ahead”) mingling commissioners with local artists and organizations. Informal
interaction with the arts community that won’t be gathered through official presentations in the upcoming grant
cycles. Opportune timing as no grant deadlines occur in January. Borowsky noted this opportunity as “good for
public relations in the community.” Villarreal made a motion to replace the regular January meeting in favor of
this gathering. McCormick seconded; all were in favor and the motion passed unanimously.
Agenda Item 7: Adjournment [2.16.11 Audio min.]
There being no further business to come before the commission at this time, the meeting was adjourned.
Date, time, and location of next meeting:
The next Boulder Arts Commission meeting will be replaced by an event (“The Year Ahead”) at 6 p.m. on
Wednesday, January 15, 2020, at Bohemian Biergarten, 2017 13th St, Boulder, CO 80302.
CITY OF BOULDER, COLORADO
BOARDS AND COMMISSIONS MEETING MINUTES
Name of Board/ Commission: Water Resources Advisory Board
Date of Meeting: 27 January 2020
Contact Information for Person Preparing Minutes: Karen Sheridan, 303-441-3208
Board Members Present: Kate Ryan, Kirk Vincent, Trisha Oeth, Gordon McCurry
Board Members Absent: Ted Rose
Staff Present: Joe Taddeucci, Director of Public Works for Utilities
Douglas Sullivan, Principal Utilities Engineer
Cole Sigmon, Engineering Project Manager
Ken Baird, Senior Financial Manager
Josh Meck, Acting Utilities Maintenance Manager
Kim Hutton, Acting Water Resources Manager
Stephen Grooters, Engineering Manager
Chris Olson, Civil Engineer
Chris Douville, Wastewater Treatment Manager
Tom Settle, Water Treatment Manager
Candice Owen, Stormwater Program Supervisor
Michelle Wind, Drinking Water Program Supervisor
Molly Scarbrough, Senior Project Manager
Cory Forrester, Application System Administrator/Asset Management Program Lead
Lynn Yarmey, Project Manager
Karen Sheridan, Board Secretary
Agenda Item 1 -Call to Order [6:04 p.m.]
Agenda Item 2-Approval of the 16 December 2019 Meeting Minutes
Approved as presented
Moved by: Vincent Seconded by: McCurry
Vote: 4:0; Oeth Abstained
Agenda Item 3 -Public Participation and Comment
Public Comment: No public comment was made
Agenda Item 4-2019 Utilities Year in Review
Kate Dunlap, Source Water Program Coordinator, presented this item.
EXECUTIVE SUMMARY:
[6:05 p.m.]
[6:05 p.m.]
[6:06 p.m.]
This memo is intended to provide WRAB with a broad overview of Utilities' accomplishments and
challenges in 2019, including highlights of major infrastructure and policy initiatives. It also outlines
significant work efforts anticipated for 2020. While WRAB is primarily responsible for making
recommendations regarding the capital improvement program and significant policy issues, information
about day-to-day operations, maintenance, construction and administration may provide relevant context
to inform those decisions.
WRAB Board Discussion Included: •Acknowledgement of staff work on programs and memo. Recognition of achievements in
areas including hydropower, the water distribution system, and record-low nitrogen discharges
at the WRRF. Additionally, the Betasso CIP was recognized with an excellence award, and
Water Quality samplings are very proactive in testing for many different anolytes.
•Question about Mile High Flood District. Explanation that it is the renamed Urban Drainage
and Flood Control District.
•Comment that city purchased 712 Pleasant A venue, to get it out of harm's way. It is one of
over 400 dwellings in a high hazard zone, ranking high on that list. Will be deconstructed this
summer.
•Interest expressed in Tracer Study. Report that the majority of work done in-house by staff
because of expertise and cost savings. A much more thorough analysis done, testing
disinfectant basins as well as different ways that water flows through the plant, providing
greater understanding about how to disinfect water during times of emergency or planned
outages. Work was done in partnership with the Colorado Department of Public Health and
Environment. A way was found to use sodium chloride instead of lithium chloride, equating to
cost savings.
•Question whether the decrease in revenue is problematic in the short term or long term. Report
that these trends do have an effect and budget and rate structure will be presented at an
upcoming meeting prior to May.
•Regarding concern over E. coli, request that signage be considered in areas where people are
recreating along the creek.
•Report that board member attended a meeting of the Keep it Clean Group, comprised of the 5
major municipal water districts in the county. This group is well aware of the E. coli problem,
and reports that it is not unique to Boulder.
•Question about Greenbelt Meadows stormwater collection system and what effect the draining
system had on the mosquito populations.
•Question about Knollwood Annex regarding how much of the water utility system expansion
into this development is paid by the development versus the non-new development portion of
the city.
Agenda Item 5-Progress on Development of a Utilities Division-wide [6:37 p.m.]
Asset Management Program
Lynn Yarmey, Project Manager, Cory Forrester, Application System Administrator/Asset Management
Program Lead and presented this item.
EXECUTIVE SUMMARY:
This Information Item shares updates on the implementation of Beehive asset management software
program and the development of a more comprehensive Asset Management Program across the Utilities
Division. The implementation of Beehive software as a platform for asset management has benefitted
the Division with improved data, standardized processes, and systematic approaches and tools for work
planning. This work will be further leveraged to facilitate operational decisions at the workgroup level
and for improved analysis and collaboration across workgroups and assets within the Utility.
Connections to other city departments will offer further opportunities moving forward.
The purpose of this item is to share updates on the Utilities component of the Public-Works wide Asset
Management Program (AMP) development, including implementation of the Beehive asset
management software tool, and to provide WRAB members an opportunity to ask questions or request
additional information.
WRAB Board Discussion Included:
•Question if any Beehive data is public facing.
•Question about the role of Beehive in the CIP update.
Agenda Item 6-Matters from Board [7:01 p.m.]
•Board Member McCurry reported on recent articles about E. coli. One of the reasons why E.
coli delineations were expanded had to do with how the CDPHE had changed their definitions.
Discussion that methodology has changed and could be discussed further at a future meeting if
requested.
Agenda Item 7 -Matters from Staff [7:03 p.m.]
•Council had a study session summarizing all board letters. Council member summarized
WRAB letter well, editorializing. Council really connected with the priorities that WRAB laid
out. Acknowledgement and thanks to Board Members Oeth and Rose for their work on the
letter.
•SBC Process Subcommittee met and had good conversation about process and schedule,
ramping up for a February study session.
-Hoping to get feedback from council, trying to get final definition on the concept that willmove forward.-There has been some activity on annexation discussion from CU.-February study session should be focused on the work Utilities is doing, conceptual design,and flood modeling.-University has formalized their position; they are refining their view on their plan to dohousing there. This will be a second part of the February study session.-Concept design report will be an attachment to the study session materials to council. Thisshould be available to council on Feb 12 for Feb 25 council study session.•Discussion about the brief letter to editor naming a concern about the amount of time betweenUtilities bill receipt and payment due date. Explanation that city policy is still in line with whatother municipalities do, and the time frame noted in the letter was not altered with other policyupdates.•Report that link to the CU Annexation web page was sent to board prior to meeting andcontains documents the university recently sent to the city.•Report that information was sent to board by Water Resource Manager concerning CU'sJanuary 31 Silver Lake watershed event.•Announcement that Me�han Wilson has been named Water Quality Mana�er.
Agenda Item 7-Discussion of Future Schedule [7:14 p.m.] •February: Drought Plan Update; Water Resources Recovery Facility Update; South BoulderCreek Flood Mitigation Project (SBC) "Matters" Update.•March: Comprehensive Flood and Storm water Utility Master Plan (CFS) Update; SBC"Matters" Update•April: Water Supply Update; Budget, Revenue, Trends; SBC Action Item•End ofYear: CUNiwot Rid�e Research
[7:18 p.m.] Agenda Item 8 - Adjournment
Motion to adjourn by: Oeth Seconded by: McCurry Motion Passes 4:0
Date, Time, and Location of Next Meeting: The next WRAB meeting will be Monday, February 24, 2020 at 6:00 p.m., at the City's Municipal
Services Center. 5050 Pearl St .• Boulder. CO 80301
APPROVED BY:
Board Chair: \/\A �.
Date: 2/ 20 I 1--0
ATTESTED BY:
Board Secretary: ��
Date: /J I Jc/ 0 JI Jo
An audio recording of the full meeti.ng for which these minutes are a summary is available on the Water
Resources Advisory Board web page.
https://bouldercolorado.gov/boards-commissions/water-resources-advisory-board-next-meeting-agenda-and-packet
February 24, 2020
Dear City Council Members,
Here is some important information about a recent report on Circular Economy and the new
restroom in the Civic Area.
Circular economy report released
As part of the city’s Climate Mobilization Action Plan (CMAP), the city worked with
sustainability consultant Metabolic to develop a holistic picture of materials being consumed,
transformed and wasted in Boulder. This study has helped the city more deeply understand the
current material flows, identify opportunities for creating less waste, and find more ways to close
the recycling loop locally. The report and the vision it lays out, also draws on feedback from
stakeholder and community input. You will find hard copy versions of this report in council
mailboxes.
Takeaways of the report include:
Waste is a small part of our greenhouse gas inventory as currently measured; however
when looking at all the materials used and product consumption rather than just waste,
emissions from that consumption are larger than all local sources of emissions (electricity
+ natural gas + gasoline fuel, etc.) put together.
The largest contributors to these so-called “embodied” emissions are electronics, clothing
and textiles, while packaging materials make up 28% of the city’s waste.
The city will need to find new ways to measure its progress in creating a more circular
Boulder, paying close attention to the fact that an estimated 58,000 people travel into
Boulder every day for work.
For more information on this report or the Circular Economy focus area of CMAP, please
contact Kara Mertz, Sustainability Manager for Climate Initiatives, (303) 441-3153 or
mertzk@bouldercolorado.gov.
New Public Restroom Added to Boulder’s Civic Park
Next week, Boulder Parks & Recreation (BPR) will open a new public restroom to serve the
Civic Park and the Boulder Creek Path at the corner of 9th Street and Canyon Boulevard, on the
west side of the Main Public Library.
The addition of this public restroom was made possible in part by using the Phase One “Park at
the Core” remaining capital dollars. Community members will recall that the first phase of Civic
Improvements opened in 2017 and was funded by the first portion of 2A Community, Culture
and Safety (CCS) Tax proceeds. The project also was aided, in part, by a gifted Tree House
playground feature from the Wagner Family facilitated by The PLAY Boulder Foundation, the
department’s local nonprofit fundraising partner. That gift offset funds for the project leaving
just under $100,000 in unspent contingency funds. With council input, staff studied the highest
and best use for these funds to benefit the community. The addition of a public restroom was
identified as a priority and supported by council following staff’s issuance of a Heads Up and the
“Provision of Public Restrooms in City of Boulder Urban Parks” Memorandum included in the
Jan. 16, 2018, council packet.
Like other city-owned and operated public restrooms located in Boulder’s urban parks, this new
restroom facility will be open during peak operating hours. The year-round amenity is ADA-
accessible and will provide facilities for both park visitors and individuals using the creek path.
BPR staff will ensure routine servicing of the facility in accordance with the department’s
current practices. Other public restrooms in and around Boulder’s Civic Area will remain in
service and include portable toilets at the East Bookend and facilities located in the Boulder
Main Library and the Municipal building (during regular hours of operation). Three new trees
will be planted, and other landscape improvements will be completed this spring as temperatures
begin to increase.
Council members seeking more information on this project should contact Ali Rhodes, Director
of Parks & Recreation, at 303-413-7249 or rhodesa@bouldercolorado.gov.
Regards,
Jane