ORDINANCE NO. 619 SERIES OF 2024
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN WINTER PARK, COLORADO, ADOPTING BY REFERENCE THE 2023 COLORADO ELECTRIC READY AND SOLAR READY CODE, WITH AMENDMENTS, RELATED DEFINITIONS, AND SETTING FORTH PENALTIES FOR VIOLATIONS THEREOF
WHEREAS, Colorado House Bill 2022-1362 ("HB 1362") required the Colorado Energy Office and the Colorado Department of Local Affairs to create an Energy Code Board to review, approve, and recommend energy codes for new buildings and retrofits to existing buildings;
WHEREAS, because the Town updated its building codes after July 1, 2023, HB 1362 requires the Town to adopt the model electric ready and solar ready code promulgated by the Energy Code Board;
WHEREAS, Town Council finds it necessary to adopt this ordinance providing minimum standards to safeguard the health, property, and welfare of the citizens of Winter Park by regulating and controlling the use, occupancy, maintenance, repair, design, construction and quality of materials for buildings and structures within the Town;
WHEREAS, C.R.S. § 31-16-201, et seq. sets forth certain requirements for the adoption of codes by reference;
WHEREAS, pursuant to C.R.S. § 31-16-203 and C.R.S. § 31-16-205, the Town introduced the adopting ordinance with a first reading held on March 19, 2024 and a second reading held on April 16, 2024, and shall publish such ordinance in full upon its passage;
WHEREAS, pursuant to C.R.S. § 31-16-203, the Town held a properly noticed public hearing on the adopting ordinance by publishing such notice once at least fifteen days before the public hearing and once at least eight days before the public hearing, with such notice stating the time and place of the hearing and all other information required by law; and
WHEREAS, pursuant to C.R.S. § 31-16-204, the adopting ordinance specifically sets forth penalties for violations thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL FOR THE TOWN OF WINTER PARK, COLORADO, THAT:
Section 1. Section 6-1-1 of the Winter Park Municipal Code is amended to read as follows:
6-1-1: CODES ADOPTED BY REFERENCE:
A. The following codes are adopted by reference:
International Building Code, 2021 Edition
International Residential Code, 2021 Edition
International Plumbing Code, 2021 Edition
International Mechanical Code, 2021 Edition
International Fuel Gas Code, 2021 Edition
International Energy Conservation Code, 2021 Edition
International Fire Code Including All Appendices, 2021 Edition
International Existing Building Code, 2021 Edition
National Electrical Code, 2020 Edition
Colorado Electric Ready and Solar Ready Code, 2023 Edition
B. All International Codes are published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, IL 60478, except the National Electrical Code is published by the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269, and the Colorado Electric Ready and Solar Ready Code is jointly published by the Colorado Energy Office and the Colorado Department of Local Affairs, 1600 Broadway, Suite 1960, Denver, CO 80202. All codes adopted by reference herein and all amendments to said codes are available for inspection at the office of the Town Clerk of Winter Park during normal business hours.
Section 2. Section 6-1-11 of the Winter Park Municipal Code is hereby repealed in its entirety and reenacted to read as follows:
6-1-11: COLORADO ELECTRIC READY AND SOLAR READY CODE AMENDMENTS:
The following sections of the 2023 Colorado Electric Ready and Solar Ready Code, adopted by reference in Section 6-1-1 of this Chapter, are hereby amended as follows:
Section 101.1 is amended to read as follows:
101.1 Title. This code shall be known as the Electric Ready and Solar Ready Code of the Town of Winter Park and shall be cited as such. It is referred to herein as "this code."
Section 102.1.2 is amended to read as follows:
102.1.2 Buildings Impacted by a Natural Disaster. The Town of Winter Park is permitted to authorize, upon appeal in specific cases, a waiver from the requirements of this code where, owing to a declared natural disaster that has destroyed buildings or resulted in other exceptional and extraordinary circumstances as determined by the Town of Winter Park, and the Town of Winter Park determines enforcement of the provisions of this code will result in unnecessary hardship.
Section 102.2 is amended to read as follows:
102.2 Substantial Cost Differential Waiver. The Town of Winter Park shall be permitted to authorize, upon appeal, a waiver from the requirements of this code for an applicant that asserts that compliance with this code will result in a substantial cost differential. The Town of Winter Park, when authorizing such a waiver, shall be permitted to waive certain requirements of this code only until the cost differential for compliance with the remaining requirements reaches one percent or less. The burden of proof is upon the applicant to provide substantiation of a cost differential, such as quotes or other licensed design professional analyses as approved by the Town of Winter Park.
Section 108.4 is amended to read as follows:
108.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the Town of Winter Park.
Section 109.3 is amended to read as follows:
109.2 Qualifications. The board of appeals shall consist of members who are qualified by experience and training and are not employees of the Town of Winter Park.
Section 202 is amended by the addition of the following definition, to appear in alphabetical order:
Major Renovations and Additions. A substantial change to a building's interior configuration, energy system, or major building system of an existing building.
Section 3. A new Section 6-1-12 of the Winter Park Municipal Code is hereby enacted to read as follows:
6-1-12: VIOLATION AND PENALTY:
A. It is unlawful to violate any provision of this Chapter.
B. Violations of this Chapter shall be subject to the penalties set forth in Chapter 4 of Title 1 of this Code. Each day of violation shall be a separate offense.
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED PUBLISHED IN FULL this _16th__ day of ____April______, 2024. A public hearing shall be held at the regular meeting of the Winter Park Town Council on the ___ day of ___________, 2024 at 5:30 p.m., or as soon thereafter as possible, at the Winter Park Town Hall.
TOWN OF WINTER PARK
________________________________
Nick Kutrumbos, Mayor
ATTEST:
_______________________
Danielle Jardee, Town Clerk
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ______ to ______ on the ___ day of ____________, 2024.
TOWN OF WINTER PARK
Nick Kutrumbos, Mayor
ATTEST:
_________________________________
Danielle Jardee, Town Clerk