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Help & SupportChapter 10-2: Property Maintenance Code18
(a) The City Council finds:
(1) Energy efficiency requirements for housing are necessary because:
(A) Reducing greenhouse gas emissions in existing buildings is imperative to meet the City of Boulder's sustainability goals;
(B) Rental housing represents the largest number of existing housing units in the City; and
(C) Efforts to establish incentives for voluntary energy efficiency retrofits in rental housing have proven to be ineffective.
(b) Reducing greenhouse gas emissions has been established as an important public policy objective and mandated by the City of Boulder due to:
(1) The well-documented link between reduction of such emissions and current and projected climate change; and
(2) The profound public health and safety impacts of such emissions, including but not limited to:
(A) Increased risk of extreme weather events,
(B) Increased flood severity,
(C) Increased risk and intensity of catastrophic wildfire,
(D) Increased insect invasions causing forest die-offs, and
(E) Increased risk of drought.
(c) The purposes of this chapter are as follows:
(1) To protect the public health, safety and general welfare of the residents of the City by regulating existing residential rental and privately occupied residential structures and to promote conservation and the efficient use of energy;
(2) To establish minimum energy efficiency requirements for existing rental and privately occupied housing in the City of Boulder with the goal of reducing greenhouse gas emissions; and
(3) To address the unique needs and challenges associated with energy retrofits in existing rental and privately occupied housing.
(d) The City Council hereby adopts the 2009 edition of the International Property Maintenance Code as the Property Maintenance Code of the City of Boulder. This chapter establishes minimum code standards related to: administration; definitions; general requirements; light, ventilation and occupancy limitations; plumbing facilities and fixture requirements; mechanical and electrical systems; fire safety requirements; rental licensing and existing residential rental structure energy conservation.
Ordinance Nos. 7724 (2010); 7726 (2010)
10-2-2 Adoption of the International Property Maintenance Code with Modifications.
(a) The 2009 edition of the International Property Maintenance Code (IPMC) of the International Code Council is hereby adopted by reference as the City of Boulder Property Maintenance Code and has the same force and effect as though fully set forth in this chapter, except as specifically amended for local application by this chapter.
(b) IPMC Appendix chapters A, "Boarding Standard," and B, "Rental Housing Inspections," are adopted.
(c) For ease of reference, the following identifies all chapters, sections and appendices of the published and adopted IPMC and includes specific amendments for local application. Chapter, Section, Subsection or Appendix numbers of provisions not amended appear, followed by the words, "No changes." The amended text of specifically amended provisions appears below. Chapter, Section, Subsection or Appendix numbers of any provisions not adopted appear, followed by the word, "Deleted."
CHAPTER 1
SCOPE AND ADMINISTRATION
PART 1 — SCOPE AND ADMINISTRATION
SECTION 101
GENERAL
101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Boulder, hereinafter referred to as "this code."
101.2 Scope. This code shall apply to all existing residential structures and all existing residential premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, energy conservation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; this code also specifies the responsibility of the owners, operators and occupants related to code compliance; the occupancy of existing structures and premises, and provides for administration, licensing, enforcement and penalties.
101.2.1 Application of Rental Licenses Code. Existing residential structures utilized as rental properties will also be subject to the requirements of Chapter 10-3, "Rental Licenses," B.R.C. 1981.
101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Except as provided below, existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Existing structures and premises that comply with all applicable codes in force at the time of construction will be deemed to comply with this code except where the code official determines that deviations from this code pose a danger to the health, safety or welfare of the public or occupants, and issues an order for the owner to correct those specific conditions or alterations.
101.4 Severability. No changes.
SECTION 102
APPLICABILITY
102.1 General. No changes.
102.2 Maintenance. Equipment, systems, devices and safeguards required by this code shall be maintained in accordance with the code in effect when the structure or premises was legally constructed, altered or repaired and shall be maintained in good working order.
102.3 Application of Other Codes. Repairs, additions or alterations to a structure, inspections or changes of occupancy, shall be done in accordance with the procedures and provisions of the City of Boulder Building Code, City of Boulder Residential Code, City of Boulder Residential Code, City of Boulder Fuel Gas Code, City of Boulder – Mechanical Code, City of Boulder Plumbing Code, City of Boulder Fire Prevention Code, City of Boulder Energy Conservation and Insulation Code and City of Boulder Electrical Code.
102.4 — 102.10 No changes.
PART 2 — ADMINISTRATION AND ENFORCEMENT
SECTION 103
DIVISION OF BUILDING SAFETY
103.1 General. "Division of Building Safety" means the administrative unit established by the city manager or the manager's delegates, and the personnel assigned to the unit by the manager. The Division of Building Safety administers the Property Maintenance Code. The executive official in charge of the Division of Building Safety is the code official.
103.2 Deleted
103.3 Deleted
103.4 Liability. Neither the City nor any employee of the City who enforces, attempts to enforce, or is authorized to enforce this code, or any related provisions or reviews under the Boulder Revised Code, shall be liable to third parties for any damage or injury to person or property as a result of enforcement or nonenforcement. The City assumes no duty of care by the adoption of this code or any related provisions or reviews under the Boulder Revised Code. No person is justified in relying upon the results of an inspection and such inspections are not a guarantee that the premises so approved, inspected and licensed in fact complies with all the requirements of this code or any related provisions or reviews under the Boulder Revised Code. It is the duty of the persons owning and controlling any building or structure to ensure that the building is maintained in accordance with the requirements of this code, and it is such persons, and not the City, who are responsible for damages caused by breach of such duty.
103.5 Fees. The fees and costs for activities and services performed by the department in carrying out its responsibilities under this code shall be detailed in section 111.9 of this code and section 4-20-47, "Zoning Adjustment and Building Appeals Filing Fees," B.R.C. 1981.
SECTION 104
DUTIES AND POWERS OF THE CODE OFFICIAL
104.1 General. The code official is hereby authorized and directed to enforce the provisions of this code, and chapter 10-3, "Rental Licenses," B.R.C. 1981. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
104.2 Inspections. No changes.
104.3 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code and as necessary to effect compliance with the provisions of this code and chapter 10-3, "Rental Licenses," B.R.C. 1981, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.
104.4 — 104.6 No changes.
104.7 Clerk and Recorder Notices. When the code official finds that there is a violation of this code a notice to that effect may be filed with the Boulder County Clerk and Recorder against the title of the land upon which the dwelling or structure is built. The code official shall inform the property owner of this action in advance, in writing according to section 107, allowing adequate time to correct the violation. When the condition upon which the notice described in the record was based has been correct, the code official shall provide a written release.
104.8 Authority to Issue Rules. The code official may adopt reasonable rules to implement the provisions of this code pursuant to chapter 1-4, "Rulemaking," B.R.C. 1981.
SECTION 105
APPROVAL
105.1 — 105.6 No changes.
SECTION 106
VIOLATIONS
106.1 — 106.3 No changes.
106.4 Violation Penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Violations of this code are punishable as provided in sections 9-15-3 through 9-15-5, of chapter 9-15, "Enforcement," B.R.C. 1981.
106.5 Abatement of Violation. No changes.
SECTION 107
NOTICES AND ORDERS
107.1 Notice to Person Responsible. No changes.
107.2 Except in those instances where section 308, "RUBBISH AND GARBAGE," or section 309, "PEST ELIMINATION," applies or if a violation of chapter 10-3, "Rental Licenses," B.R.C. 1981, is alleged, whenever the code official determines that there is or has been a violation of any provision of this code, notice shall be given of such determination to the person responsible to correct the violation. The notice shall:
1. Be in writing
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code.
5. Inform the property owner of the right to appeal.
6. Include a statement of the right to file a lien in accordance with section 106.3
107.3 Method of Service. Such notice shall be deemed to be properly served if a copy thereof is:
1. Delivered personally;
2. Sent by certified or registered mail addressed to the owner at the last known address with return receipt requested; or
3. Delivered in any other manner as prescribed by law. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
107.4 — 107.5 No changes.
107.6 Deleted.
SECTION 108
UNSAFE STRUCTURES AND EQUIPMENT
108.1 — 108.7 No changes.
SECTION 109
EMERGENCY MEASURES
109.1 — 109.6 No changes.
SECTION 110
DEMOLITION
110.1 — 110.4 No changes.
SECTION 111
MEANS OF APPEAL
111.1 Application of Appeal. Any person directly affected by a decision of the code official or a notice and order issued under this code shall have the right of appeal to the board of appeals, provided under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, if a written application for appeal is filed with the code official within ten days after the day the decision, notice or order was served. 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 the requirements of this code are adequately satisfied by other means.
111.2 Membership of Board. The board of appeals shall consist of the Board of Building Appeals, established under section 2-3-4, "Board of Building Appeals," B.R.C. 1981, unless the city manager determines, due to the nature of the issues in a particular appeal, to appoint a hearing officer under section 1-3-5, "Hearings and Determinations," B.R.C. 1981.
111.2.1 Alternate Members. Deleted.
112.2.2 Chairman. Deleted.
112.2.3 Disqualification of Member. Deleted.
112.2.4 Secretary. Deleted.
112.2.5 Compensation of Members. Deleted.
111.3 Notice of Meeting. Deleted.
111.4 Open Hearing. Deleted.
111.4.1 Procedure. Deleted.
111.5 Postponed Hearing. Deleted.
111.6 Board Decision. Deleted.
111.6.1 Records and Copies. Deleted.
111.6.2 Administration. Deleted.
111.7 Court Review. Deleted.
111.8 Stays of Enforcement. Deleted.
111.9 Fees. The fee for filing an appeal is that prescribed in section 4-20-47, "Zoning Adjustment and Building Appeals Filing Fees," B.R.C. 1981.
SECTION 112
STOP WORK ORDER
112.1 — 112.3 No changes.
112.4 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 the "Violation Penalties" as detailed in section 106.4.
CHAPTER 2
DEFINITIONS
SECTION 201
GENERAL
201.1 — 201.5 No changes.
SECTION 202
GENERAL DEFINITIONS
(No changes except as follows)
CODE OFFICIAL. The city manager and any city manager's delegate charged with the administration and enforcement of this code.
KITCHEN SINK. A kitchen sink shall be no smaller than twenty inches by sixteen inches, with a minimum uniform depth of six inches and a maximum uniform depth of twenty inches. Laundry tubs, lavatory basins or bathtubs are not acceptable substitutes for required kitchen sinks.
MANUFACTURED HOME. Means a structure, transportable in sections, built on a permanent chassis and designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" includes "modular home" but does not include "recreational vehicle."
TECHNICALLY IMPRACTICAL. Alterations that are unlikely to be accomplished because existing structural conditions or site constraints prohibit practical modifications or addition of elements or features that would attain the energy efficiency requirements of Appendix C of Title 10-2, "Property Maintenance Code," B.R.C. 1981.
CHAPTER 3
GENERAL REQUIREMENTS
SECTION 301
GENERAL
301.1 — 301.3 No changes.
SECTION 302
EXTERIOR PROPERTY AREAS
302.1 — 302.3 No changes.
302.4 Weeds. Weed control is regulated and enforced under chapter 6-2, "Weed Control," B.R.C. 1981.
302.5 Rodent Harborage. Rodent control is regulated and enforced under chapter 6-5, "Rodent Control," B.R.C. 1981.
302.6 — 302.7 No changes.
302.8 Motor Vehicles. Motor vehicle parking and storage are regulated by Title 7, "Regulation of Vehicle, Pedestrian and Parking," B.R.C. 1981.
302.9 Defacement of Property. Graffiti control is regulated and enforced under chapter 5-4-14, "Graffiti Prohibited," B.R.C. 1981.
SECTION 303
SWIMMING POOLS, SPAS AND HOT TUBS
303.1 — 303.2 No changes.
SECTION 304
EXTERIOR STRUCTURE
304.1 General. No changes.
304.2 Protective Treatments. Deleted.
304.3 Premises identification. No changes.
304.4 Structural members. No changes.
304.5 Foundation walls. No changes.
304.6 Exterior walls. No changes.
304.7 Roofs and Drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
304.8 Decorative Features. No changes.
304.9 Overhang Extensions. All overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, sandpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition.
304.10 Stairways, Decks, Porches and Balconies. No changes.
304.11 Chimneys and Towers. Deleted.
304.12 Handrails and Guards. No changes.
304.13 Window, skylight and Door Frames. No changes.
304.13.1 Glazing. Deleted.
304.13.2 Openable Windows. Deleted.
304.14 Insect Screens. Deleted.
304.15 Doors. No changes.
304.16 Basement Hatchways. No changes.
304.17 Guards for Basement Windows. Deleted.
304.18 Building Security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
SECTION 305
INTERIOR STRUCTURE
305.1 General. No changes.
305.1.1 Unsafe Conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the City of Boulder Building Code or the International Building Code as required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Structural members are incapable of supporting nominal loads and load effects;
5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.
Exceptions:
1. When substantiated otherwise by an approved method.
2. Demolition of unsafe conditions shall be permitted when approved by the code official.
305.2 Structural Members. No changes.
305.3 Interior Surfaces. Deleted.
305.4 — 305.6 No changes.
SECTION 306
COMPONENT SERVICEABILITY
306.1 & 306.1.1 No changes.
SECTION 307
HANDRAILS AND GUARDRAILS
307.1 General. Every exterior and interior flight of stairs having four or more risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) high above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the adopted building code.
SECTION 308
RUBBISH AND GARBAGE
308.1 Accumulation of Rubbish or Garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish and garbage as required by chapter 6-3, "Trash, Recyclables and Compostables," B.R.C. 1981.
308.2 Disposal of Rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers as required by chapter 6-3, "Trash, Recyclables and Compostables," B.R.C. 1981.
308.2.1 Rubbish Storage Facilities. Deleted.
308.2.2 Refrigerators. Deleted.
308.3 Disposal of Garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers as required by chapter 6-3, "Trash, Recyclables and Compostables," B.R.C. 1981.
308.3.1 Garbage Facilities. Deleted.
308.3.2 Containers. Deleted.
SECTION 309
PEST ELIMINATION
309.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall promptly have the infestation eradicated by approved processes that will not be injurious to human health. After eradication, proper precautions shall be taken to prevent reinfestation. Rodent control is regulated and enforced under chapter 6-5, "Rodent Control," B.R.C. 1981.
309.2 Owner. The owner of any structure shall be responsible for eradication within the structure prior to renting or leasing the structure.
309.3 Single Occupant. The occupant of a one-family dwelling or single-tenant structure shall be responsible for eradication on the premises.
309.4 Multiple Occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy or a rooming house shall be responsible for eradication in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for eradication.
309.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for the eradication.
309.6 Preapplication Pesticide Notification. No operator or occupant shall fail to comply with the preapplication pesticide notification provisions of section 6-10-7, "Notification to Tenants and Employees of Indoor Application," B.R.C. 1981.
SECTION 310
FLOODPLAIN SAFETY SIGNAGE
310.1 General. The owner and operator of every property located in the floodplain as detailed in chapter 9-3-3(a)(10), B.R.C. 1981, shall post and maintain on the exterior of the premises at the entrance a sign approved by the code official stating that the property is subject to flood hazard in accordance with the following:
1. The sign shall state: "This property is located in an area subject to sudden and severe flooding. In case of flood emergency be prepared to seek high ground immediately. For information go to www.boulderfloodinfo.net" or similar language.
2. The sign shall be a metal plaque with minimum ¼ inch letters in a contrasting color attached with nonremovable fasteners on the exterior of the structure at the entrance.
CHAPTER 4
LIGHT, VENTILATIONS AND OCCUPANCY LIMITATIONS
SECTION 401
GENERAL
401.1 —401.3 No changes.
SECTION 402
LIGHT
402.1 — 402.3 No changes.
SECTION 403
VENTILATION
403.1 Habitable Spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1.
Exceptions:
1. Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m). The ventilation openings to the outdoors shall be based on a total floor area being ventilated.
2. In R-3 occupancies the glazed area need not be openable, where the opening is not required to be an emergency escape and rescue opening, and an approved mechanical ventilation system capable of producing 0.35 air changes per hour in the room is provided.
403.2 Bathrooms and Toilet Rooms. Deleted.
403.3 Cooking Facilities. Deleted.
403.4 Process Ventilation. Deleted.
403.5 Clothes Dryer Exhaust. No changes.
SECTION 404
OCCUPANCY LIMITATIONS
404.1 — 404.7 No changes.
CHAPTER 5
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS No changes.
CHAPTER 6
MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 No changes.
SECTION 602
HEATING FACILITIES
602.1 Facilities Required. No changes.
602.2 Residential Occupancies. Deleted.
602.3 Heat Supply. Interior space intended for human occupancy shall have active or passive space-heating systems capable of maintaining a minimum indoor temperature of 68°F (20ºC). No portable space heaters shall be used to achieve compliance with this section.
602.4 Occupiable Work Spaces. Deleted.
602.5 Room Temperature Measurement. No changes.
SECTION 603
MECHANICAL EQUIPMENT
603.1 — 603.6 No changes.
SECTION 604
ELECTRICAL FACILITIES
604.1 — 604.3.2.1 No changes.
SECTION 605
ELECTRICAL EQUIPMENT
605.1 — 605.2 No changes.
605.2.1 Non-grounding type electrical receptacles (two-prong receptacles). Where attachment to an equipment grounding conductor (two-wire circuits) does not exist in the receptacle enclosure, the installation shall comply with 1, 2 or 3 below.
1. A two-prong receptacle shall be permitted to be replaced with another two-prong receptacle.
2. A two-prong receptacle may be replaced with a ground-fault circuit interrupter-type (GFCI) three-prong receptacle. These receptacles shall be marked "No Equipment Ground." An equipment grounding conductor shall not be connected from the GFCI-type receptacle to any outlet supplied from the GFCI-type receptacle.
3. A two-prong receptacle may be replaced with a three-prong, grounding-type receptacle where supplied through a GFCI device. Three-prong, grounding-type receptacles, supplied through the GFCI shall be marked "GFCI Protected" and "No Equipment Ground." An equipment grounding conductor shall not be connected between the grounding-type receptacles.
605.3 Luminaires. Deleted.
605.4 Branch Circuits in Buildings with More Than One Occupancy. Each occupant shall have ready access to all circuit breakers protecting the conductors supplying that occupancy.
605.5 Flexible Cord Uses Not Permitted. Flexible cords and cables shall not be used:
1. As a substitute for the fixed wiring of the structure.
2. Where run through holes in walls, structural ceilings, suspended ceilings, dropped ceilings or floors.
3. Where run through doorways, windows or similar openings.
SECTION 606
ELEVATORS, ESCALATORS AND DUMBWAITERS
606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the State of Colorado. The inspection and tests shall be performed at not less than the periodic intervals as required by the State of Colorado.
606.2 Elevators. No changes.
SECTION 607
DUCT SYSTEMS
607.1 General. No changes.
SECTION 608
CARBON MONOXIDE ALARMS
608.1 General. Carbon monoxide alarms shall be installed in existing residential structures in accordance with Colorado state law, including Title 38, Article 45, Carbon Monoxide Alarms, C.R.S.
608.2 Carbon Monoxide Alarms. Carbon monoxide alarms shall be installed in existing dwellings and rented single and multi-family dwellings that have fuel fired heaters, appliances or fireplaces or attached garages based on the following:
1. Alarms must be installed within 15' of the entrance to each sleeping area and must be wired to AC power, connected to an electrical panel, plugged into an electrical outlet without a switch or, if battery operated, attached to the wall or ceiling per the manufacturer's installation instructions and in accordance with National Fire Protection Association 70.
2. Alarms must be installed in existing rental dwellings upon change of tenant occupancy after July 1, 2009.
3. Alarms must be installed in all newly constructed or renovated single family and multi-family rental units.
4. Alarms may be installed within 25' of any fuel-fired heater or appliance, fireplace or garage entrance in a multi-family dwelling used for rental purposes ONLY if the multi-family dwelling is equipped with a centralized alarm system or other mechanism that allows a responsible person to hear the alarm at all times (commercially-monitored system).
5. Rental owners are responsible for replacing nonfunctioning carbon monoxide alarms upon written request of the tenant or when the unit is being vacated and rerented.
6. Carbon monoxide detectors shall not be disarmed, removed or have the batteries removed to make them inoperable.
608.3 Carbon Monoxide Alarm Inspections. Carbon monoxide alarm inspections shall be conducted by the property owner or agent as detailed below.
1. Carbon monoxide alarms that receive their primary power from the building wiring shall be checked for good operating condition once each year and supplied with battery backup. The battery shall be replaced as necessary for proper function of the carbon monoxide alarm.
2. Battery-powered carbon monoxide alarms shall be tested for proper function on an annual basis. Batteries shall be replaced as necessary for proper function of the carbon monoxide alarm.
CHAPTER 7
FIRE SAFETY REQUIREMENTS
SECTIONS 701 — 703
No changes.
SECTION 704
FIRE PROTECTION SYSTEMS
704.1 — 704.4 No changes.
704.5 Residential Rental Smoke Alarms. In R-occupancies governed by chapter 10-3, "Rental Licenses," B.R.C. 1981, smoke alarms shall be installed and inspected as required in this section.
704.6 Smoke Alarm Inspections. Smoke alarm inspections shall be conducted by the property owner or agent as detailed below.
1. Smoke alarms that receive their primary power from the building wiring shall be checked for good operating condition once each year and if supplied with battery backup, the battery shall be replaced as necessary for proper function of the smoke alarm.
2. Battery-powered smoke alarms shall be tested for proper function on an annual basis. Batteries shall be replaced as necessary for proper function of the smoke alarm.
704.7 Fire Alarms. Fire alarms in existing residential structures shall be installed in accordance with chapter 10-8, section 907.3, "Fire Prevention Code," B.R.C. 1981.
SECTION 705
PORTABLE FIRE EXTINGUISHERS
705.1 Where Required. Portable fire extinguishers shall be installed as required by the City of Boulder Fire Code Section 906.
705.1.1 In new and existing R-1, R-2 and R-4 occupancies, portable fire extinguishers need only be installed when interior corridors and common areas exist in accordance with section 906.1 and table 906.3(2) for light (low) hazard occupancies and sections 906.3 through 906.9.
APPENDIX A
BOARDING STANDARD
A101 — A103 No changes.
APPENDIX B
RENTAL HOUSING INSPECTION AND LICENSING
B101 Scope. Appendix B sets standards for administering the rental housing maintenance, inspection and licensing process.
B102 Rental Licenses. Residential rental licenses are applied for and renewed in accordance with chapter 10-3, "Rental Licenses," B.R.C. 1981.
B103 Inspections. "Baseline" and "Renewal inspections" shall be performed and certified by licensed contractors as detailed in chapter 4-4, "Building Contractor License," B.R.C. 1981.
APPENDIX C
ENERGY EFFICIENCY REQUIREMENT
EXISTING RESIDENTIAL RENTAL STRUCTURES ENERGY CONSERVATION
C101
SCOPE
C101.1 Scope. Appendix C sets standards for residential rental dwelling unit energy efficiency. Effective January 2, 2019, the energy efficiency requirements of this section shall apply to all residential rental dwelling units licensed according to B.R.C. 1981, 10-3-2, Rental Licenses, except:
1. Buildings that can be verified as meeting or exceeding the energy efficiency requirements of the Energy Conservation and Insulation Code, Chapter 10-7, B.R.C. 1981.
2. Any manufactured home.
3. Accessory Dwelling Units and Attached Owner Accessory Units as detailed in section 9-6-3, "Specific Use Standards Residential Uses." B.R.C. 1981.
C101.2 Compliance. The energy efficiency of existing residential rental dwelling units must comply with Section C101.2.1 for performance-based energy efficiency requirements or Section C101.2.2 for prescriptive-based energy efficiency requirements. The code official may grant exceptions as follows:
1. Innovative Materials: Buildings achieving equivalent energy efficiency performance through the use of innovative materials, methods and/or equipment in accordance with Section 105 of this code as an alternative to the performance and prescriptive methods. The code official shall determine the relative values and effectiveness of innovative materials, methods and/or equipment in satisfying the intent and purpose of this code.
2. Historic Buildings: Reasonable modifications in the award of prescriptive and performance points of this appendix upon a finding by the code official that the application of this section requires an exterior alteration to an individual landmark or a contributing building within a historic district established under chapter 9-11, "Historic Preservation," B.R.C. 1981, that would not be eligible for a landmark certificate.
3. Affordable Housing: Rental dwelling units meeting the requirements for a permanently affordable unit as follows:
a. Units weatherized according to state or federal subsidy program standards after September 1994;
b. Units eligible for weatherization according to state or federal subsidy program standards that have applied for weatherization service: an exception for one rental license cycle, to reach compliance. The code official may approve additional time to achieve compliance if one rental license cycle is not adequate.
c. Units not qualifying for weatherization according to state or federal subsidy programs: an exception for one rental license cycle to achieve compliance. The code official may approve additional time to achieve compliance if one rental license cycle is not adequate.
4. Technically Impractical: Buildings where energy efficiency upgrades are technically impractical in accordance with IPMC sec. 105.1. Owners shall demonstrate equivalent code compliance as follows:
a. Except as provided below, owners shall make the energy efficiency improvements that are practical and shall purchase, for each rental license cycle, qualifying carbon offsets prorated for the improvements that are impractical.
b. If the building is the subject of an application for concept review, site review or a demolition permit, and the application shows that the building will be demolished or substantially remodeled within the next licensing period, the owner need not make energy efficiency improvements, but must purchase, for each rental license cycle, carbon offsets for the improvements not made.
C101.2.1 Performance energy efficiency option. Existing residential rental structures shall demonstrate energy efficiency compliance by obtaining a minimum Home Energy Rating System (HERS) index of 120 per rental dwelling unit. A HERS index shall be determined by a rater accredited by the Residential Energy Services Network (RESNET). For multi-dwelling rental structures, a HERS index sampling protocol authorized and approved by the code official may be utilized.
C101.2.2 Prescriptive energy efficiency option. The energy efficiency of residential structures shall be determined by an energy efficiency inspection score of 100 points as documented on table C101.2. The applicant shall provide an energy efficiency compliance certificate signed by a licensed and approved contractor per subsection 4-4-4(g), "Building Contractor License," and section 4-4-5, "License Application and Qualifications," B.R.C. 1981.
Table 101.2
SmartRegs Prescriptive Pathway
Need 100 Total Points + Mandatory Water Conservation Measures
WALLS
R-VALUE |
FINAL |
|||
25% |
50% |
75% |
100% |
|
No Insulation |
0 |
0 |
0 |
0 |
R-3 Continuous (must be at least R-3) |
3 |
6 |
9 |
12 |
R-5 Continuous |
4 |
8 |
12 |
15 |
R-13 or Uninsulated Basement Wall |
5 |
10 |
15 |
20 |
R-19 or Better |
5 |
11 |
16 |
21 |
Shared Wall or Insulated Basement Wall |
6 |
13 |
19 |
26 |
WINDOWS/FENESTRATIONS
TYPE |
FINAL |
|||
25% |
50% |
75% |
100% |
|
Single Metal (1.2 U-Value) |
0 |
0 |
0 |
0 |
Single Non-Metal1 (.95 U-Value) |
0 |
1 |
1 |
2 |
Double Metal (.8 U-Value) |
1 |
2 |
3 |
4 |
Double Non-Metal1 (.55 U-Value) |
2 |
3 |
5 |
6 |
0.35 U-Value1 |
3 |
7 |
10 |
13 |
0.30 U-Value |
3 |
7 |
10 |
14 |
0.25 U-Value or Better |
4 |
7 |
11 |
14 |
1 Historically designated properties and properties older than 50 years with wooden window frames that rehabilitate and install storm panels will receive credit at the 0.35 U-Value level
ATTIC
TYPE |
FINAL |
|||
25% |
50% |
75% |
100% |
|
No Insulation |
0 |
0 |
0 |
0 |
R-19 |
6 |
12 |
18 |
24 |
R-30 |
6 |
13 |
19 |
26 |
R-38 or Better |
7 |
13 |
20 |
26 |
Shared Ceilings |
7 |
14 |
20 |
27 |
INFILTRATION
nach POINTS BASE |
FINAL |
1.20 nACH or Less |
2 |
0.75 nACH |
4 |
0.50 nACH |
6 |
0.35 nACH or Less (ventilate per ASHRAE 62.2) |
7 |
SLAB ON GRADE |
||||
TYPE |
25% |
50% |
75% |
100% |
Slab Edge: R-0 |
2 |
3 |
5 |
6 |
Slab Edge: R-5 |
2 |
4 |
5 |
7 |
Slab Edge: R-10 or Better |
2 |
4 |
6 |
7 |
Slab Edge R-10 plus Under Slab: R-10 or Better |
3 |
6 |
8 |
11 |
BELOW GRADE SLAB (Basement Slab) |
||||
Basement Slab |
2 |
4 |
6 |
8 |
FOUNDATION WALLS (Crawlspace) |
||||
R-0 |
0 |
0 |
0 |
0 |
R-2 |
2 |
3 |
5 |
6 |
R-11 |
2 |
4 |
6 |
8 |
R-19 or Better |
2 |
5 |
7 |
9 |
FLOOR |
||||
Floor Over Crawl: R-0 |
0 |
0 |
0 |
0 |
Floor Over Crawl: R-13 |
3 |
5 |
8 |
11 |
Floor Over Crawl: R-25 |
3 |
6 |
9 |
12 |
Floor Over Crawl: R-38 or Better |
4 |
7 |
11 |
14 |
Shared Floor |
4 |
8 |
11 |
15 |
SLAB/FOUNDATION Base: Final:
DUCT LEAKAGE
CFM per 100 SF POINTS BASE |
FINAL |
80 cfm @ 25 Pa |
0 |
60 cfm @ 25 Pa |
4 |
40 cfm @ 25 Pa |
9 |
20 cfm @ 25 Pa |
14 |
10 cfm @ 25 Pa or Less or no ducts (radiant) |
17 |
DUCTS/RADIANT
LOCATION/INSULATION |
FINAL |
|||
25% |
50% |
75% |
100% |
|
Uninsulated Ducts (In Unconditioned Space) |
0 |
0 |
0 |
0 |
Ducts Insulated to at Least R-4 (In Unconditioned Space) |
1 |
3 |
4 |
6 |
Radiant Heat or Ducts Entirely Within Conditioned Space |
2 |
3 |
5 |
7 |
HEATING
SPECIFICATION POINTS BASE |
FINAL |
Electric, Oil or ASHP |
0 |
Gas 65 AFUE or worse |
0 |
Gas 80 AFUE |
13 |
Gas 90 AFUE |
17 |
Gas 96 AFUE |
19 |
GSHP (COP 3.3) |
29 |
GSHP (COP 4.1) |
38 |
GSHP (COP 4.8) |
43 |
COOLING
SPECIFICATION POINTS BASE |
FINAL |
10 SEER or worse |
0 |
13 SEER |
4 |
15 SEER/Evaporative Cooler/no A/C |
6 |
17 SEER |
7 |
19 SEER/Indirect Evaporative Cooler |
8 |
GSHP (>EER 13.5) |
4 |
FANS
SPECIFICATION POINTS BASE |
FINAL |
Whole House Fan (In Addition to Cooling Points) |
2 |
LIGHTING
HIGH-EFFICIENCY LIGHTING POINTS BASE (solar tubes/light tunnels counted as light fixtures) |
FINAL |
0% |
0 |
25% |
2 |
50% |
4 |
75% |
6 |
100% |
7 |
HOT WATER
SPECIFICATION POINTS BASE |
FINAL |
Electric, Oil or Heat Pump |
0 |
Gas 56 EF |
0 |
Gas 60 EF |
1 |
Gas 64 EF |
2 |
Gas Tankless 82 EF or Better |
6 |
Gas Boiler Side Arm (65 AFUE Boiler) |
0 |
Gas Boiler Side Arm (80 AFUE Boiler) |
3 |
Gas Boiler Side Arm (95 AFUE Boiler) |
5 |
REFRIGERATION
SPECIFICATION POINTS BASE |
FINAL |
750 kWh |
0 |
650 kWh |
2 |
450 kWh |
3 |
350 kWh or Better |
4 |
SOLAR THERMAL
SPECIFICATION POINTS BASE |
FINAL |
Points per 20 sq ft of collector surface area |
8 |
PV (includes power purchase agreements and solar leases) or verified subscription in a Community Solar Garden2
kW POINTS BASE |
FINAL |
Points per kW |
44 |
2 Must earn 70 prescriptive pathway points in other categories to be eligible to earn PV Points
OCCUPANT
MEASURE POINTS BASE |
FINAL |
Sub-Metering: Real Time Energy Monitoring Device |
1 |
Programmable Thermostat |
1 |
Provide Operation/Training Manual |
1 |
Tenant Attends Energy Conservation Class |
1 |
OTHER
MEASURE POINTS BASE |
FINAL |
Heat Pump Desuperheater |
1 |
Electrically Commutated Motor ("ECM") |
3 |
Passive Solar Design |
Discretionary - approved by City of Boulder |
Innovative Practice |
Discretionary - approved by City of Boulder |
Technically Impractical Exception |
Carbon Offsets valued at 8 points per ton |
MANDATORY WATER CONSERVATION
Must Earn Two Points Regardless of Whether Performance or Prescriptive SmartRegs Pathway is Chosen
WATER CONSERVATION MEASURE3 |
POINTS PER FIXTURE |
Low flow showerhead5 |
1 |
Low flow lavatory faucets4 |
1 |
Self-closing faucet valves |
1 |
High-efficiency or duel-flush toilet6 |
2 |
ENERGY STAR washing machine |
2 |
ENERGY STAR dishwasher |
2 |
3 Points earned in this category do not count towards prescriptive 100 point requirement.
4 The average flow rate for all bathroom faucets must be less than or equal to 1.5 gallons per minute (gpm).
5 The average flow rate for all shower heads must be less than or equal to 2.0 gpm.
6 The average flow rate for all toilets, including dual-flush toilets, must be less than or equal to 1.28 gpf (gallons per flush). A common dual-flush toilet has a 1.6 gpf and a 0.8 gpf. This makes an average of 1.2, which would qualify.
Definitions of acronyms:
R-value: a measure of thermal resistance used to describe insulation. The bigger the number, the better the insulation's effectiveness.
U-value: the overall heat transfer coefficient, describes how well a building element conducts heat. U-value is the inverse of R-value. The lower the U-value, the better.
nACH: natural air changes per hour
HVAC: Heating, Ventilating and Air Conditioning
cfm: cubic feet per minute
Pa: Pascal; a measure of force per unit area
ASHP: air source heat pump
AFUE: annual fuel utilization efficiency; the most widely used measure of a furnace's heating efficiency
GSHP: ground source heat pump
COP: coefficient of performance of a heat pump is the ratio of the change in heat at the "output" (the heat reservoir of interest) to the supplied work
SEER: seasonal energy efficiency ratio; used to measure the efficiency of air conditioners
EF: energy factor is the ratio of useful energy output from the water heater to the total amount of energy delivered to the water heater. The higher the EF is, the more efficient the water heater.
kWh: kilowatt hour; a unit of energy equal to 1000 watt hours
kW: kilowatt
C101.3 Administration and enforcement. Administration and enforcement of these measures shall be as detailed in Part 2 of this code.
Ordinance Nos. 7724 (2010); 7726 (2010); 7772 (2010)
18 Adopted by Ordinance No. 7724; amended by Ordinance 7725; effective commencing January 3, 2011.