HomeMy WebLinkAboutagenda.council.jointworksession.20230117AGENDA
JOINT CITY COUNCIL / BOCC
WORK SESSION
January 17, 2023
4:00 PM, BOCC Meeting Room, 1st
Floor
530 E Main St, Aspen, CO 81611
I.Work Session
I.A Joint Work Session - Agenda Item Summary
I.B Pitkin County Construction & Demolition Waste Management Program
I.C Joint Work Session Discussion - Demolition GMQS Allotments
I.D Follow Up Questions from BOCC on Castle Creek Bridge
I.E Roundtable
Zoom Meeting Instructions
View meeting via Zoom:
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Passcode: 618080
Webinar ID: 830 7868 4880
Phone: 1 719 359 4580
AIS - Aspen-Pitkin Joint Meeting 1-17-23.docx
C&D Program Presentation Joint Meeting 1.17.22.pptx
Memo_ ComDev_Joint meeting with BOCC_1_17_22.docx
Exhibit A_RDRS.pdf
1
AGENDA ITEM SUMMARY
WORK SESSION DATE: 01/17/2023
AGENDA ITEM TITLE: Joint Meeting with City of Aspen
STAFF RESPONSIBLE: Jon Peacock, County Manager
ISSUE STATEMENT:
Aspen City Council and the Board of County Commissioners meet on a regular basis to discuss
issues of common concern. The first meeting of 2023 will focus on: 1) Presentation of the county’s
Demolition Material Waste Stream regulations and lessons learned to date; 2) Presentation of the
city’s Residential Demolition Permit code amendment; 3) follow-up questions and dialogue on the
New Castle Creek Bridge outreach process.
BACKGROUND:
On April 22, 2020 the Board of County Commissioners adopted Ordinance 015-2020, in an effort to
increase the diversion of construction and demolition debris (C&D) material within the county. The
Pitkin County Solid Waste Center established the C&D Debris Recovery Program to implement the
ordinance. On October 25, 2022 the Board of Commissioners were presented with a program
evaluation, and adopted recommendations to improve the program. County staff will present the
program and statistics of its impact on diversion. This presentation is for informational purposes,
and no action is requested from either board at this time.
In June of 2022 the City of Aspen adopted a Residential Demolition Permit code amendment,
limiting the number of demolition permits within the City Limits to six per year. City staff will
provide a brief presentation on the code amendment to both bodies for informational purposes, and
no action is requested from either board at this time.
The Castle Creek Bridge on State Highway 82 is a 62 year old bridge, and the City of Aspen has
initiated public outreach about future replacement of the structure. On January 10, staff from the
City of Aspen presented information on the Castle Creek Bridge and the Record of Decision to the
Board of Commissioners. Time is set aside for ongoing dialog and questions about the City’s
outreach efforts. This outreach effort will inform future decisions both elected bodies will have to
make as bridge replacement moves forward.
LINK TO STRATEGIC PLAN:
Open Communication: We are committed to listening to our citizens and partners and to giving
accurate and timely information.
KEY DISCUSSION ITEMS:
This agenda was set up to allow an exchange of information and dialogue between the two
boards on items that will be the subject of future decisions by both bodies
BUDGETARY IMPACT:
None at this time.
RECOMMENDED BOCC ACTION:
None at this time.
ATTACHMENTS:
Presentations will be provided at the meeting.
Construction & Demolition
Debris Diversion Ordinance
Evaluation
O rdina nc e ke y c o m p o ne nts
➔Refundable Diversion Compliance Deposit collected for building and
demo permits
➔Minimum waste diversion rate and recoverable materials required to
separate from trash
➔Waste tracking and Diversion Report
➔Deposit program effective date –October 26, 2020
➔Tiered pricing structure for C&D trash
Diversion compliance deposit
The refundable Diversion
Compliance Deposit is equal to:
(Estimated total tons of waste) *
(Per Ton Rate set forth annually
by Pitkin County)
Per Ton Rate = $1000/ton
Recoverable Materials
➔Concrete & porcelain➔Asphalt➔Rock and dirt, screenable soil➔Clean wood➔Organics -grass and leaves,
branches➔Scrap metal, metal appliances➔Cardboard
Evaluation -Diversion Compliance Deposits
Projects Completed 34
Deposits Collected $1,185,374.23
Deposits Kept $8,474.16
Avg. New Construction
Deposit (3)
$2,315.15
Avg. Remodel Deposit
(18)
$6,222.01
Median Demo Deposit
(13)
$79,488 0
5
10
15
20
25
30
Full Refund Partial Refund No Refund
Refund Amounts
Evaluation -Program Compliance
5
2
3
20
Waste Diversion Rates
<25%25%-30%30%-35%>35%
Project Type Avg. Diversion
New Construction 40.45%
Remodel/Addition 43.07%
Demolition 67.32%
Evaluation -Tiered Pricing
➔Ratio of Tier 4/Tier 1 in 2020
60%/40%
➔Ratio of Tier 4/Tier 1 in 2022
53%/47%
Cost per Ton Tier Tonnages
Tier 1 $103.25/ton 0-30 tons
Tier 2 $123.25/ton 31-60 tons
Tier 3 $143.25/ton 61 tons and greater
Tier 4 $203.25/ton Mixed loads
(contains trash + recoverables)
Evaluation -Impacts on diversion
Pitkincounty.wastetracking.com
Evaluation -Impacts on diversion
Year Waste Div.
Rate
2019 15.92%
2020 19.89%
2021 22.95%
2022 36.62%
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
100.00%
0
500
1000
1500
2000
2500
3000
3500
4000
4500
5000
Landfill Disposal vs. Diversion 2020-2022
C&D Trash (Building-Related)Waste Diversion Rate
Evaluation -Compliance Cost Estimates
Material Quantity Cost Unit Total Cost
Concrete 10.32 45 Per Ton $464.40
Concrete 8.2 45 Per Ton $369.00
Concrete 10.38 45 Per Ton $467.10
Wood 1.2 45 Per Ton $54.00
Tier 4 Trash 3.67 198.25 Per Ton $727.58
OCC 0.5 0 Per Ton $0.00
Metal 0.35 0 Per Ton $0.00
Concrete 6.29 45 Per Ton $283.05
Tier 1 Trash 1.74 98.25 Per Ton $170.96
Tier 1 Trash 2.35 98.25 Per Ton $230.89
Concrete 1.32 45 Per Ton $59.40
Tier 1 Trash 2.63 98.25 Per Ton $258.40
Wood 0.66 45 Per Ton $29.70
Tier 1 Trash 2.59 98.25 Per Ton $254.47
Tier 1 Trash 1.83 98.25 Per Ton $179.80
$3,548.73
# Hauls 18 600 Per Haul $10,800.00
Total Cost $14,348.73
With Sorting Concrete Only
Material Quantity Cost Unit Total Tip Fee
Total Concrete 36.51 45 Per Ton $1,642.95
Total Other 17.52 198.25 Per Ton $3,473.34
$5,116.29
# Hauls 9 600 Per Haul $5,400.00
Total Cost $10,516.29
Contractor feedback:
Additional 15% to labor and 5%
to administrative time for a
large scale deconstruction.
QUESTIONS?
MEMORANDUM
TO: Aspen City Council, and
Pitkin County Board of County Commissioners
FROM: Ben Anderson, Deputy Director, Community Development
THROUGH: Sara Ott, City Manager
MEMO DATE: January 11, 2023
MEETING DATE: January 17, 2023
RE: City of Aspen Demolition GMQS Allotment Program as a response
to 2021/2022 Residential Building Moratorium
REQUEST OF CITY COUNCIL AND BOCC:
City Community Development staff were requested to provide a summary of the
Demolition GMQS Allotment system that was created as one of the elements in response
to the City’s recent Residential Building Moratorium. At the Joint Work Session on
1/17/23, staff will provide a brief presentation and will be prepared to answer any
questions that Council or the BOCC have about this policy and regulatory response to the
concerns that led to the declaration of the moratorium.
SUMMARY AND BACKGROUND:
The Residential Building Moratorium was declared in response to Council concerns about
several aspects of Aspen’s development context, including:
1) The pace and scale of free-market residential development.
2) The environmental impacts of residential development and redevelopment,
including construction waste, climate impacts, and building energy
performance standards.
3) The employee generation impacts of free-market development and
redevelopment.
4) Neighborhood impacts of intense and time-consumptive construction projects.
5) The disassociation of this kind of development from our community’s long-
standing Growth Management Quota System (GMQS).
As staff and the consultant team evaluated Council’s concerns, the tools available in the
Land Use Code, and initial comments and input from community outreach, it became
clear that of the tools available, provisions in the GMQS would be the mechanism of
response, as they have been for decades for growth related community concerns.
Aspen is mostly built out. We are not doing new subdivisions of any significance. In the
residential realm, this means that we were not using the GMQS allotment system as
Staff Memo, Joint Council/BOCC Work Session 1/17/23
Demolition GMQS Allotments
Page 2 of 4
previously designed and structured. Instead, staff’s analysis showed that the impacts of
“growth” that Council and the community were responding to were related primarily to the
scrape and replacement of free-market single-family and duplex residences – and that
year to year, the demands for these types of projects were increasing. Analysis showed
that usually, when a home was demolished, the replacement was larger, the construction
more complex, and the amenities more elaborate. Further analysis showed that
employee generation from the construction and future operations and maintenance of
these homes were intensifying.
The response:
1) Utilizing the basic framework of GMQS, Council created a new allotment
category for the demolition and redevelopment of existing single-family and
duplex residences. Annually, the limit was set at six (6) allotments. Analysis
showed that six was generally reflective of historic trends over roughly a 9 or
10-year period. This trend had recently risen dramatically with 13 demolition
projects being pursued in 2021.
Ultimately, this meant that in a given year, only six properties could pursue a
demolition allotment. Exceptions exist for deed, restricted affordable housing
and for properties that would be subject to condemnation due to life/safety
issues. It should also be noted that projects that pursue major renovations
could demolish up to 40% of their exterior wall and roof structures and not need
an allotment. Council also provided two additional annual allotments for
properties owned and resided in by local families who had been in their home
for at least 35 years.
2) Projects that receive a demolition allotment would be subject to a new set of
requirements known as the Residential Demolition and Redevelopment
Standards (attached as Exhibit A). These standards seek to apply enhanced
standards for these redevelopment projects:
• Building Performance – thermal envelope and energy efficiency
requirements
• Construction and demolition waste diversion requirement and reporting
• Enhanced stormwater requirements
• Reporting requirements related to energy benchmarking and embodied
carbon impacts
3) Three primary changes were made to the calculation of affordable housing
mitigation requirements for single-family and duplex development:
• A new, reduced employee generation rate per 1000 square feet of
development (construction and long-term maintenance and operations)
Staff Memo, Joint Council/BOCC Work Session 1/17/23
Demolition GMQS Allotments
Page 3 of 4
• Elimination of the exemption for sub-grade areas (basements) and
garages
• Elimination of the credit for existing floor area in demolition and
redevelopment scenarios
In a typical redevelopment scenario, these changes would create a roughly
four-fold increase in AH mitigation requirements in more accurately reflecting
the employee generation impacts of these projects. For projects that are
simply adding floor area in remodels or additions, mitigation requirements
would be likely be reduced in most scenarios, in comparison to the previous
code.
DISCUSSION:
It is going to be years before staff can fully evaluate the impacts of these new policies
and regulations (a project that receives a demolition allotment has up to three years to
submit a building permit for the project), but we do have some experience that we can
report.
First, 2022 allotments were made available on a first-come, first-serve basis on August
8th when the moratorium came to an end. ComDev received 13 applications. While the
number of applications was in line with what staff anticipated, we did not anticipate that
six of the applications would be submitted utilizing 400+ distinct e-mail submissions. This
tactic utilized by a single representative on behalf of these six applications made it initially
impossible to evaluate the ordering of the 13 applications as received. After much staff
time and analysis, a determination on the ordering of the receipt of the applications was
made based on commonly applied provisions in the Land Use Code. The projects that
did not receive an allotment based on this ordering appealed this determination. A
settlement to resolve the appeal was approved by Council that awarded six of the initially
denied projects an allotment from the 2023 allotments using provisions in the code that
supported this outcome. Of the 13 applications:
• Six were awarded a 2022 allotment
• Six were awarded a 2023 allotment
• One project was denied due to other factors that made the project ineligible
to apply
This settlement means that no 2023 allotments are available. Projects that desire an
allotment have a few paths forward including the pursuit of a multi-year allotment from a
coming year, an allotment that would be available to long-time locals and families, or an
appeal of a denial of a 2023 allotment. These three paths all require a review and
determination by City Council. Alternatively, a project could pursue a major renovation
that does not trigger Demolition.
Based on this experience, Council has provided direction to staff to propose
improvements to the application process. Staff will return to Council for a code change
Staff Memo, Joint Council/BOCC Work Session 1/17/23
Demolition GMQS Allotments
Page 4 of 4
in 2023 to address these concerns – likely proposing a lottery system or some other
mechanism to disincentivize the tactics that were used by some applications in this first
round of allotments.
CONCLUSION:
Six months following the passage of Ordinance 13, staff continues to believe that Council
adopted a set of policies and regulations that will eventually result in an improved
residential development context that is more reflective of long-standing goals in the
AACP. Demolition and redevelopment, rather than subdivision, will continue to be the
dominant activity in Aspen’s residential context. In further reflection since the adoption of
the ordinance, it remains staff’s perspective that this type of development activity has the
same impacts of “growth” that have been regulated by this community since the late
1970s. However, it remains to be seen over time – whether these new policies and rules
regarding residential demolition will translate into the observable improvements for the
community that Council set out to achieve in declaring the moratorium.
EXHIBITS:
A – Residential Demolition and Redevelopment Standards
Page 1 of 13
Residential Demolition and Redevelopment Standards
Purpose: The City of Aspen has various sustainability, affordable housing, and construction
policies and goals to address the impacts of construction and development. The Residential
Demolition and Redevelopment Standards supplement existing policies in the Aspen Municipal
Code, stated goals of the City of Aspen City Council, and community goals as stated in the Aspen
Area Community Plan to ensure residential construction activity for single family and duplex
residential development is meeting regulatory requirements, community expectations, and
resulting in high quality design.
Intent: The intent of the Residential Demolition and Redevelopment Standards is to ensure
complex projects with significant community, construction, and environmental impacts are
designed in a manner that mitigates those impacts. The standards seek to ensure that projects
reduce environmental impacts, energy consumption, and carbon footprint. Single-family and
duplex residential structures should be designed in a way that exceeds industry standards in
building performance. The design and ongoing operations of these structures should:
• Reduce reliance on sources of energy that rely on fossil fuels,
• Source sustainable materials,
• Implement smart technology to reduce operational energy demands,
• Support the implementation of fully electric heating and cooling systems,
• Reduce the demands of luxury loads (including audio visual systems, lighting, security
systems, snowmelt, etc.),
• Offset carbon or energy demands through onsite energy production,
• Reduce water consumption, and
• Divert waste from the landfill by reusing and recycling materials.
Where no specific or applicable rules, regulations or standards appear to be set forth in the
Residential Demolition and Redevelopment Standards, other rules, regulations, standards,
guidelines, and recommended practices, as published by professional associates, technical
organizations, model code groups, and similar entities, may be used by the City for guidance.
Adoption of Residential Demolition and Redevelopment Standards: Pursuant to the powers
and authority conferred by the Charter of the City, the City Council hereby adopts and incorporates
by reference redevelopment standards, hereinafter referred to as the Residential Demolition and
Redevelopment Performance Standards, which are incorporated by reference into the City of
Aspen Land Use Code. The Residential Demolition and Redevelopment Standards set forth the
design parameters to ensure residential redevelopment improves solid waste diversion, increases
the energy efficiency of structures, and reduces negative impacts of construction. The Residential
Demolition and Redevelopment Standards may be amended, updated, and expanded from time to
time by City Council Resolution. The Residential Demolition and Redevelopment Standards shall
be available for public inspection on the Community Development Department’s web page.
Projects that are pursuing a Demolition Allotment as described in Section 26.470.090.C will be
reviewed according to these standards.
(Ord. 13, Series of 2022).
Page 2 of 13
Applicability: These Residential Demolition and Redevelopment Standards shall be used to
evaluate projects that trigger Demolition as defined by Section 26.104.100 and Section 26.580 of
the Land Use Code. These Residential Demolition and Redevelopment Standards shall be the basis
for determining a project’s compliance with the review criteria for projects requesting a
Demolition allotment pursuant to Land Use Code Section 26.470.090.C. A project must meet the
Residential Demolition and Redevelopment Standards in effect at the time the land use application
is deemed complete.
Review Authority: The Community Development and Engineering Departments, or designee, is
authorized to enforce the rules and regulations contained in the Residential Demolition and
Redevelopment Standards in order to carry out the intent of the standards and requirements of the
Municipal Code.
Exemptions: The Community Development Director may exempt the following development
activities from a portion or all of the requirements below:
1. The property is a Historically Designated landmark and compliance with some, or all, of
the requirement of these standard is not practical. If this is the case, at the discretion of the
Community Development Director, with a recommendation from the Historic Preservation
Officer, some or all requirements may be exempted from a project. The applicant must
provide a report and summary of what requirements cannot be met, identify the specific
constraint, and alternative design elements that are proposed to offset the lack of
compliance. Alternatives could include improved thermal envelopes, energy efficient
equipment, additional renewable energy offsets, etc.
2. Projects where 100% of the units are currently, or proposed to be, deed restricted with the
Aspen Pitkin County Housing Authority.
3. When a project proposes to demolish and revegetate a site, with no new development
proposed, the demolition of the structure is subject to waste diversion requirements, but
any requirements applicable to the new structure may be waived. An approved demolition
and revegetation permit is required. Upon redevelopment of the site with a new structure,
the new structure will be subject to the requirements of Section 26.580 and Section
26.470.090.C, as amended and subject to vesting requirements of the code. All timing and
code requirements will be memorialized as a condition of approval.
Requirements: Projects that trigger Demolition and are seeking a Demolition allotment pursuant
to Section 26.470.090.C must satisfy the following required Performance Elements prior to
building permit issuance and will be included as a condition of approval:
1. Waste Diversion: All projects are required to source separate non-hazardous waste
materials and divert a minimum of 35%, by weight, from the landfill. Materials may be
salvaged or recycled to meet the waste diversion requirements. This will be included as a
condition of approval to be met prior to building permit issuance and prior to final
inspection, and shall be documented in the Construction Management Plan.
A. Recyclable/diverted materials may include:
Page 3 of 13
i. Asphalt,
ii. Clean concrete,
iii. Metals,
iv. Wood,
v. Single stream recyclables,
vi. Gypsum board, and/or
vii. Carpet.
A final determination of actual recyclable materials will be based on the local
recycling facility capability.
B. A construction waste management plan may include salvage for resale, salvage and
reuse (on or off site), recycling, and/or disposal.
C. The project must track all waste materials by type through the Green Halo System.
All waste must be quantified by weight or volume, but the same units of measure
must be used through the project.
D. All waste generated by the project that is to be included as diverted waste to meet
the minimum diversion requirements shall be recycled at the Pitkin County
Landfill, or another approved recycling facility as approved by the Construction
Mitigation Officer.
E. A Waste Management Plan shall be included as part of the Construction
Management Plan to be approved prior to building permit issuance.
i. Waste reduction calculations, including anticipated rates for salvage,
recycling, and disposal as a percentage of total waste generated by the work,
using the Green Halo system. The waste management plan must indicate
anticipated types and quantities of demolition and construction waste
generated by the work, including estimated quantities and assumptions.
ii. Plan implementation: The project must maintain logs of each load
including:
1. Type of load,
2. Load weight,
3. Name of hauling service,
4. Landfill or recycling center, and
5. Date accepted by the recycling center or landfill.
iii. A final waste diversion report shall be submitted as part of the Final
Inspections for the project prior to issuance of a Certificate of Occupancy.
1. The final waste diversion report shall include recycling and
processing facility records that indicate acceptance of recyclable
waste by recycling and processing facilities, and other records
including sales and donations as applicable and required to
substantiate conformance with waste diversion requirements.
2. Embodied Carbon: Environmental Product Declaration (EPD) Disclosure. Product-
specific Type III EPDs shall be submitted for 50% of steel and concrete. EPDs used for
Page 4 of 13
compliance with this section shall be certified as complying with the goal and scope for
the cradle-to-gate requirements in accordance with ISO Standards 14025 and 21930 and
be available in a publicly accessible database.
3. Energy Reporting: All projects that trigger Demolition are subject to Section 8.60 –
Building IQ of the Aspen Municipal Code and shall follow the requirements for a “Non-
City Covered Property.” The Single-Family and Duplex structures subject to these
Redevelopment Requirements shall comply with the requirements of the Multi-Family
Residential structures over 15,000 square feet. This will be included as a condition of
approval. This requirement shall supersede the applicability statements in Section 8.60.030
and the exceptions listed in Section 8.60.020.M, as amended.
4. Building Energy Performance: Projects shall comply with the requirements of the
Supplemental Building Code requirements attached as Appendix A to the Residential
Demolition and Redevelopment Standards.
5. Engineering: In addition to compliance with all applicable requirements of the URMP,
CMP, and the Engineering Design Standards, the project shall meet the following
requirement:
A. Runoff from 50% of the site impervious area shall be treated in above grade
sustainable Best Management Practices (BMPs) such as bioretention areas,
pervious pavers, tree canopy, grass buffer or other approved above grade BMPs as
outlined in the URMP. 50% of the site’s impervious area is permitted to be treated
in subsurface BMPs.
Alternative Compliance: A project may request variations from these standards if the Planning
and Zoning Commission makes a determination the project meets the review criteria for Special
Review (Section 26.430.040.J).
Amendments: Any future amendments to the Residential Demolition and Redevelopment
Standards shall be made by City Council via Resolution.
Violations and Penalties: Any person violating any provision of these standards may be punished
by a fine, imprisonment or both a fine and imprisonment, as set forth in Section 1.04.080 of the
City of Aspen Municipal Code. Each day any violation of this Chapter shall continue shall
constitute a separate offense.
Page 5 of 13
Appendix A:
RESIDENTIAL DEMOLITION ALLOTMENT
MIXED FUEL LOW CARBON APPENDIX
Residential demolition allotment new one- and two-family dwellings shall comply with the 2015 Building Codes as
adopted by the City of Aspen with the following amendments. These amendments shall not apply to additions or
renovations. This document will be replaced by the 2021 Building Codes when and as adopted by the City of Aspen.
INTERNATIONAL ENERGY CONSERVATION CODE
SECTION C408
SYSTEM COMMISSIONING
C408.1 General. This section covers the commissioning of the building mechanical systems such as heating,
cooling, ventilation, and snowmelt in Section C403 and electrical power and lighting systems in Section C405.
C408.2 Mechanical systems and service water-heating systems commissioning and completion requirements.
Prior to the final mechanical and plumbing inspections, the registered design professional or approved agency shall
provide evidence of mechanical systems commissioning and completion in accordance with the provisions of this
section.
Construction document notes shall clearly indicate provisions for commissioning and completion requirements in
accordance with this section and are permitted to refer to specifications for further requirements. Copies of all
documentation 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.
Exceptions: The following systems are exempt:
1. Mechanical systems and service water heater 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 C403.3 that serve individual dwelling units and sleeping units.
R202 Definitions
APPLIANCE. A device or apparatus that is manufactured and designed to utilize energy and for which this code
provides specific requirements.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, service water heating,
cooking, clothes drying, or lighting that uses fuel gas or fuel oil.
ELECTRIC VEHICLE (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses,
trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like, primarily powered by an electric
motor that draws current from a rechargeable storage battery, a fuel cell, a photovoltaic array, or another source of
electric current. Plug-in hybrid electric vehicles are electric vehicles having a second source of motive power. Off-
road, self propelled electric mobile equipment, such as industrial trucks, hoists, lifts, transports, golf carts, airline
ground support equipment, tractors, boats and the like, are not considered electric vehicles.
ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). The conductors, including the ungrounded, grounded,
and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fittings,
devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the
premises wiring and the electric vehicle.
Page 6 of 13
EQUIPMENT. Piping, ducts, vents, control devices and other components of systems other than appliances that are
permanently installed and integrated to provide control of environmental conditions for buildings. This definition
shall also include other systems specifically regulated in this code.
EV-READY SPACE. A parking space that is provided with an electrical circuit capable of supporting an installed
EVSE.
SOLAR-READY ZONE. 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.
R401.2 Compliance. New projects shall comply with R401 through R404.
TABLE R402.1.2
INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT
CLIMAT
E
ZONE
FENESTRATION
U-FACTORb, i
SKYLIGHTb
U-FACTOR
GLAZED
FENESTRATION
SHGCb, e
CEILING
R-VALUE
WOOD
FRAM
E
WALL
R-VALUEg
MASS
WALL
R-VALUEh
FLOOR
R-VALUE
BASEMENTc,g
WALL
R-VALUE
SLABd
R-
VALUE
&
DEPTH
CRAWL
SPACEc,g
WALL
R-VALUE
7
0.28 0.22
0.55
0.44
NR
49
60
20 + 5ci or
13 + 10ci
34+12ci or
20 + 20ci
or
13 + 25ci
or
0+35ci
19/21
25ci
38 15ci or 19 or
13 + 5ci
20ci or 5 +
15ci or 13
+ 10ci
10ci, 4 ft 15ci or 19
or 13 +
5ci
20ci or 5
+ 15ci or
13 + 10ci
d. R-5 shall be added to the required slab edge R-values for heated slabs. Insulation depth shall be the depth of the footing or 2
feet, whichever is less in Climate Zones 1 through 3 for heated slabs. R-10 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. Slab edge insulation
shall be installed to separate conditioned from unconditioned spaces including adjacent garages, entries, and porches.The slab-
edge insulation for heated slabs shall not be required to extend below the slab.
TABLE R402.1.4
EQUIVALENT U-FACTORSa
d. Ceilings with attics may use an equivalent U-factor of 0.024.
R402.1.5 “Total UA Alternative”
a. If the total building thermal envelope UA (sum of U-factor times assembly area) is less than or equal to the
total UA resulting from using the U-factors in Table R402.1.4, as amended, (multiplied by the same
assembly area as in the proposed building), the building shall be considered in compliance with amended
Table R402.1.2. The UA calculation shall be done using a method consistent with the ASHRAE Handbook
of Fundamentals and shall include the thermal bridging effects of framing materials. The SHGC
requirements shall be met in addition to UA compliance.
b. If using REScheck software to show compliance with this alternative path for the 2015 edition of the code,
the proposed design must be a minimum of 2% 30% more efficient than the standard reference design in
order to accommodate the amended prescriptive Fenestration U-factor.
R402.3.6 Maximum area. The vertical fenestration area, not including opaque doors and opaque spandrel panels,
CLIMAT
E ZONE
FENESTRATION
U-FACTORf
SKYLIGHT
U-FACTOR
CEILING
U-FACTOR
WOOD
FRAM
E
WALL
U-FACTOR
MASS WALL
U-FACTORb
FLOOR
U-FACTOR
BASEMENT
WALL
U-FACTOR
CRAW
L
SPACE
WALL
U-FACTOR
7 0.28 0.22 0.55
0.44
0.026
0.018d
0.045
0.026
0.057
0.036
0.028 0.050
0.044
0.055
0.044
Page 7 of 13
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.
R402.4.1.2 Testing. The building or dwelling unit shall be tested for air leakage. The maximum air leakage rate for
any building or dwelling unit shall not exceed 1.5 air changes per hour. Testing shall be conducted in accordance
with ANSI/RESNET/ICC 380, ASTM E779 or ASTM E1827 and reported at a pressure 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 performed at any time after creation of all penetrations of the building thermal envelope have been sealed.
R403.5 Service hot water systems. Energy conservation measures for service hot water systems shall be in
accordance with Sections R403.5.1 and R403.5.4 through R403.5.5.
R403.5.5 Combustion service hot water heating. Combustion equipment may not be used for service hot water
heating unless the following conditions are met.
1. The service hot water system shall comply with the provisions of C408, and
2. Each piece of equipment shall be provided with the following:
a. A condensate drain that is no more than 2 inches higher than the base of the installed water
heater and allows natural draining without pump assistance shall be installed within 3 feet of
the water heater.
b. A dedicated, appropriately phased branch circuit(s) that shall have a minimum amperage
requirement for comparable heat pump(s) and , if specified in the design, supplemental
electric resistance heat service water heating capacity and recovery, terminating within 3 feet
of the water heater with no obstructions. Both ends of the branch circuit(s) shall be labeled
with the words "For Future Electric Service Water Heating" and be electrically isolated.
c. The equipment shall be installed in a space sized to fit future equivalent electric heat
pump(s) and, if specified in the design, supplemental electric resistance heat water heating
equipment or a minimum 3 feet by 3 feet by 7 feet high (per heat pump), whichever is larger.
d. Water heaters shall be installed in a space with a minimum volume of 700 cubic feet or with
the equivalent of one 16-inch by 24-inch grill to a heated space and one 8-inch duct of no
more than 10 feet in length for cool exhaust air.
R403.6.2 Heat or energy recovery ventilation. Dwelling units shall be provided with a heat recovery (HRV) or
energy recovery (ERV) ventilation system. The system shall be balanced to within 10% of the average supply and
exhaust rates. Minimum HRV and ERV requirements, measured at the lowest tested net supply airflow, shall be
greater than or equal to 65 percent Sensible Recovery Efficiency (SRE), a minimum 1.2 cubic feet per minute per
watt determined at a static pressure of not less than 0.2 inch w.c. (49.85 Pa), and shall not use recirculation as a
defrost strategy.
R403.9 Snow and ice melt systems Snow- and ice- melting systems shall comply with R403.9.1 through R403.9.3.
R403.9.1 Efficiency. Combustion equipment may not be used for snow and ice melt systems unless the
following conditions are met.
1. The snowmelt system shall comply with the provisions of C408, and
2. Each piece of equipment shall be provided with the following:
a. A condensate drain located within 3 feet, and
b. A dedicated, appropriately phased branch circuit(s) that shall have a minimum amperage
requirement for a comparable electric hydronic snowmelt system sized in accordance with
NEC 440.4(B) and 440.35, and terminating within 3 feet of the heating equipment with no
obstructions. Both ends of the branch circuit shall be labeled “For Future Electric
Snowmelting” and be electrically isolated.
R403.9.2 Controls. Systems shall include automatic controls capable of shutting configured to shut off the
system when the pavement temperature of the snowmelted surface is greater than 5040°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).
Page 8 of 13
R403.9.3 Snow Melt Slab Insulation. R-10 insulation shall be installed under the snow melted surface.
R403.9.4 Maximum area. The snow melted area shall not be greater than 2,500 square feet per parcel.
R403.10 Pools and permanent spa energy consumption (Mandatory). The energy consumption of pools and
permanent spas shall be in accordance with Sections R403.10.1 through R403.10.3.
R403.10.1 Heaters. The electric power to heaters shall be controlled by an on-off switch that is an integral part
of the heater mounted on the exterior of the heater in a location with ready access, or external to and within 3
feet (914 mm) of the heater. 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 continuously burning ignition pilots. Combustion equipment may not be used for pool or spa
heating unless the following conditions are met:
1. Heaters shall not be equipped with continuously burning ignition pilots,
2. Each piece of combustion equipment shall be provided with the following:
a. A condensate drain located within 3 feet, and
b. A dedicated, appropriately phased branch circuit that shall have a minimum amperage
requirement for a comparable electric heater, sized in accordance with NEC 440.4(B) and
440.35, terminating within 3 feet of the heating equipment with no obstructions. Both ends of
the branch circuit shall be labeled “For Future Electric Pool Heating” and be electrically
isolated.
R403.13 Heating outside a building. Systems installed to provide heat outside a building shall be electric
radiant systems. Such heating systems shall be controlled by an occupancy sensing device or a timer switch,
so that the system is automatically de-energized when occupants are not present.
R403.14 Combustion space heating. Combustion equipment may not be used for primary space heating unless the
following conditions are met:.
1. The space heating system(s) shall comply with the provisions of C408, and
2. Each piece of equipment shall be provided with the following:
a. A condensate drain located within 3 feet, and
b. A dedicated, appropriately phased branch circuit(s) that shall have a minimum amperage
requirement for a comparable electric heat pump and, if specified in the design, electric
resistance supplemental heat sized in accordance with NEC 440.4(B) and 440.35, and
terminating within 3 feet of the heating equipment with no obstructions. Both ends of the
branch circuit(s) shall be labeled “For Future Electric Space Heating” and be electrically
isolated.
Exception:
1. Where an electrical circuit in compliance with NEC 440.4(B) and 440.35
exists for space cooling equipment.
R404.1 Lighting equipment. Not less than 75 percent of the lamps in permanently installed lighting fixtures shall
be high-efficacy lamps or not less than 75 percent of the permanently installed lighting fixtures shall contain only
high-efficacy lamps. All permanently installed lighting fixtures, excluding kitchen appliance lighting fixtures, shall
contain only high-efficacy lighting sources.
R404.1.1 Lighting equipment (Mandatory). Fuel gas lighting systems shall not have continuously burning pilot
lights be permitted.
R404.2 Renewable energy infrastructure. Buildings shall comply with Sections R404.4.1 through R404.4.7.
Exceptions:
1. A building with a permanently installed on-site renewable energy system.
Page 9 of 13
2. A building with less than 600 square feet (55 m2) of roof area oriented between 110 degrees and 270
degrees of true north.
3. A building where all areas of the roof that would otherwise meet the requirements for a solar-ready
zone are in full or partial shade for more than 70 percent of daylight hours annually.
R404.2.1 Solar-ready zone area. The total area of the solar-ready zone shall not be less than 300 square feet and
shall be composed of areas not less than 5.5 feet in width and not less than 80 square feet exclusive of access or set
back areas as required by the International Fire Code.
R404.2.2 Obstructions. Solar-ready zones shall be free from obstructions, including but not limited to vents,
chimneys, and roof-mounted equipment.
R404.2.3 Shading. The solar-ready zone shall be set back from any existing or new permanently affixed
object on the building or site that is located south, east or west of the solar zone a distance not less than
two times the object’s height above the nearest point on the roof surface. Such objects include, but are
not limited to, taller portions of the building itself, parapets, chimneys, antennas, signage, rooftop
equipment, trees and roof plantings.
R404.2.4 Roof load documentation. The structural design loads for roof dead load and roof live load
shall be clearly indicated on the construction documents.
R404.2.5 Electrical service reserved space. The main electrical service panel shall have a reserved space to allow
installation 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.
R404.2.6 Electrical interconnection. An electrical junction box shall be installed within 24 inches of the main
electrical service panel and shall be connected to a capped roof penetration sleeve or a location in the attic that is
within 3 feet (914 mm) of the solar ready zone by one of the following:
1. Installed conduit with pull string sized to accommodate future renewable energy infrastructure
requirements.
2. Minimum #10 Metal copper 3-wire
Where the interconnection terminates in the attic, location shall be no less than 12” (35 mm) above ceiling
insulation. Both ends of the interconnection shall be labeled “For Future Solar Electric”.
R404.2.7 Construction documentation certificate. A permanent certificate, indicating the solar-ready
zone and other requirements of this section, shall be posted near the electrical distribution panel, water
heater or other conspicuous location by the builder or registered design professional.
R404.3 Electric vehicle charging infrastructure. Buildings with a dedicated attached or detached garage or with
on-site parking spaces shall be provided with one EV-ready space dwelling unit. The branch circuit shall meet the
following requirements:
1. A minimum capacity of 9.6 kVA
2. Terminates at a junction box or receptacle located within 3 feet (914 mm) of the parking space and
labelled “For electric vehicle charging”, and
3. The electrical panel directory shall designate the branch circuit as “For electric vehicle charging”.
R404.4 Energy storage infrastructure. Each building site shall have a dedicated location for the installation of
future on-site energy storage in accordance with the following:
1. Dedicated floor area not less than 2 feet in one dimension and 4 feet in another dimension and located in
accordance with Section 1207 of the 2021 International Fire Code and Section 110.26 of the NFPA 70.
2. The main electrical service panel shall have a reserved space to allow installation of a two-pole circuit
breaker for future electrical energy storage system installation. This space shall be labeled “For Future
Electric Storage.” The reserved spaces shall be positioned at the end of the panel that is opposite from the
panel supply conductor connection.
Page 10 of 13
3. Installed conduit with pull string sized to accommodate future energy storage electrical requirements.
Exception: Where an onsite electrical energy system storage system is installed.
R404.5 Additional electric ready infrastructure. Combustion equipment shall be installed in accordance with this
section.
R404.5.1 Combustion clothes drying. A dedicated 240-volt branch circuit with a minimum capacity of 30 amps
shall terminate within 6 feet (1829 mm) of natural gas clothes dryers and shall be accessible with no obstructions.
Both ends of the branch circuit shall be labeled with the words “For Future Electric Clothes Drying” and be
electrically isolated.
R404.5.2 Combustion cooking. A dedicated 240-Volt, 40A branch circuit shall terminate within 6 feet (1829 mm)
of natural gas cooking equipment and appliances and be accessible with no obstructions. Both ends of the branch
circuit shall be labeled with the words “For Future Electric Range” and be electrically isolated.
R404.5.3 Other combustion equipment. Combustion equipment and end-uses not covered by Sections R404.6.2-5
shall be provided with a branch circuit sized for an electric appliance, equipment or end use with an equivalent
capacity that terminates within 6 feet (1829 mm) of the appliance or equipment. Both ends of the branch circuit shall
be labeled with the words “For Future Electrification” and be electrically isolated.
INTERNATIONAL FUEL GAS CODE
Section 301.2.1 Appliance Controls. Fuel burning appliances, such as fireplaces and firepits, used for purposes
other than space conditioning, water heating, snow melting, and cooking shall be controlled by an occupancy
sensing device or a timer switch, so that the appliance shuts off when occupants are not present or within an hour
of being turned on.
Exception: A manual override switch may be provided that, when initiated, shall permit the controlled appliance
to remain on for not more than 2 hours.
INTERNATIONAL RESIDENTIAL CODE
Section R313 Automatic fire sprinkler systems. (reference Chapter 9 of the Fire Code with the exception of
R313.2 as amended herein:)
R313.2 One- and two-family dwellings automatic fire systems. An automatic residential fire sprinkler system
shall be installed in one- and two-family dwellings.
R313.2.1 Design and installation. Automatic residential fire sprinkler systems shall be designed and installed in
accordance with Section P2904 or NFPA 13D.
Chapter 8.49
INTERNATIONAL WILDLAND-URBAN INTERFACE CODE
Sec. 8.49.010. Adoption of the 2021 Edition of the International Wildland-Urban Interface Code.
Pursuant to the powers and authority conferred by the laws of the State and the Charter of the City, there is hereby
adopted and incorporated herein by reference as if fully set forth those regulations contained in the International
Wildland-Urban Interface Code, 2021 Edition, and all errata as published by the International Code Council, 4051
West Flossmoor Road, Country Club Hills, Illinois, 60478-5795, except as otherwise provided by amendment or
deletion as contained in Section 8.49.020 of this Chapter. At least one (1) copy of the International Wildland-Urban
Interface Code shall be available for inspection during regular business hours.
Page 11 of 13
Sec. 8.49.020. Amendments.
The International Wildland-Urban Interface Code, 2021 Edition, as adopted by the City at Section 8.49.010, is
hereby amended to provide and read as follows:
(a) Section [A]101.1 Title. These regulations shall be known as the International Wildland-Urban Interface Code of
City of Aspen hereinafter referred to as “this code.”
(Delete in entirety with the exception of Section 505 as amended below and associated references.)
SECTION 505
CLASS 2 IGNITION-RESISTANT CONSTRUCTION
503.2 Ignition-resistant building material. Ignition-resistant building materials shall comply with any one of the
following:
1. Material shall be tested on all sides with the extended ASTM E84 (UL 723) test or ASTM E2768, except
panel products shall be permitted to test only the front and back faces. Panel products shall be tested with a
ripped or cut longitudinal gap of 1/8 inch (3.2 mm). Materials that, when tested in accordance with the test
procedures set forth in ASTM E84 or UL 723 for a test period of 30 minutes, or with ASTM E2768,
comply with the following: 1.1. Flame spread. Material shall exhibit a flame spread index not exceeding 25
and shall not show evidence of progressive combustion following the extended 30-minute test.
1.2 Flame front. Material shall exhibit a flame front that does not progress more than 101/2 feet (3200 mm)
beyond the centerline of the burner at any time during the extended 30-minute test.
1.3. Weathering. Ignition-resistant building materials shall maintain their performance in accordance with
this section under conditions of use. Materials shall meet the performance requirements for weathering
(including exposure to temperature, moisture and ultraviolet radiation) contained in the following
standards, as applicable to the materials and the conditions of use:
1.3.1. Method A “Test Method for Accelerated Weathering of Fire-Retardant-Treated Wood for
Fire Testing” in ASTM D2898, for fire-retardant treated wood, wood-plastic composite and plastic
lumber materials.
1.3.2. ASTM D7032 for wood-plastic composite materials.
1.3.3. ASTM D6662 for plastic lumber materials.
1.4 Identification. Materials shall bear identification showing the fire test results.
Exception: Materials composed of a combustible core and a noncombustible exterior covering made from
either aluminum at a minimum 0.019 inch (0.48 mm) thickness or corrosion-resistant steel at a minimum 0.0149
inch (0.38 mm) thickness shall not be required to be tested with a ripped or cut longitudinal gap.
2. Noncombustible material. Material that complies with the requirements for noncombustible materials in
Section 202.
3. Fire-retardant-treated wood. Fire-retardant-treated wood identified for exterior use and meeting the
requirements of Section 2303.2 of the International Building Code.
4. Fire-retardant-treated wood roof coverings. Roof assemblies containing fire-retardant-treated wood shingles
and shakes that comply with the requirements of Section 1505.6 of the International Building Code and
classified as Class A roof assemblies as required in Section 1505.2 of the International Building Code.
505.1 General. Buildings shall be of Class 2 ignition-resistant construction shall be in accordance with Sections
505.2 through 505.11.
Page 12 of 13
505.2 Roof assembly. Roofs shall have a roof assembly that complies with not less than a Class A rating when
tested in accordance with ASTM E108 or UL 790, or an approved noncombustible roof covering. For roof
assemblies where the profile allows a space between the roof covering and roof deck, the space at the eave ends
shall be firestopped to preclude entry of flames or embers, or have one layer of cap sheet complying with ASTM
D3909 installed over the combustible roof deck.
505.2.1 Roof valleys. Where provided, valley flashings shall be not less than 0.019-inch (0.48 mm) (No. 26
galvanized sheet gage) corrosion-resistant metal installed over a minimum 36-inch-wide (914 mm) underlayment
consisting of one layer of 72-pound (32.4 kg) mineral-surfaced, nonperforated cap sheet complying with ASTM
D3909 running the full length of the valley.
505.3 Protection of eaves. Combustible eaves, fascias and soffits shall be enclosed with solid materials with a
minimum thickness of 3/4 inch (19 mm). Exposed rafter tails shall not be permitted unless constructed of heavy
timber materials.
505.4 Gutters and downspouts. Gutters and downspouts shall be constructed of noncombustible material. Gutters
shall be provided with an approved means to prevent the accumulation of leaves and debris in the gutter.
505.5 Exterior walls. Exterior walls of buildings or structures shall be constructed with one of the following
methods:
1. Materials approved for not less than 1-hour fire-resistance-rated construction on the exterior side.
2. Approved noncombustible materials.
3. Heavy timber or log wall construction.
4. Fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for
exterior use and meet the requirements of Section 2303.2 of the International Building Code.
5. Ignition-resistant materials on the exterior side.
Such material shall extend from the top of the foundation to the underside of the roof sheathing.
505.6 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground, with
exterior walls in accordance with Section 505.5.
Exception: Complete enclosure shall not be required where the underside of exposed floors and exposed structural
columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated
construction or heavy timber construction or fire-retardant-treated wood. The fire-retardant-treated wood shall be
labeled for exterior use and meet the requirements of Section 2303.2 of the International Building Code.
505.7 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces
and projections, such as decks, shall be not less than 1-hour fire-resistance-rated construction, heavy timber
construction or constructed of one of the following:
1. Approved noncombustible materials.
2. Fire-retardant-treated wood identified for exterior use and meeting the requirements of Section 2303.2
of the International Building Code.
3. Ignition-resistant building materials in accordance with Section 503.2.
Exception: Coated materials shall not be used as the walking surface of decks.
505.7.1 Underfloor areas. Where the attached structure is located and constructed so that the structure or any
portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure shall
have underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in
accordance with Section 505.5.
505.8 Exterior glazing. Exterior windows, window walls and glazed doors, windows within exterior doors, and
skylights shall be tempered glass, multilayered glazed panels, glass block or have a fire protection rating of not less
than 20 minutes.
Page 13 of 13
505.9 Exterior doors. Exterior doors shall be approved non-combustible construction, solid core wood not less
than 1 3/4 inches thick (45 mm), or have a fire protection rating of not less than 20 minutes. Windows within doors
and glazed doors shall be in accordance with Section 505.8.
Exception: Vehicle access doors.
505.10 Vents. Attic ventilation openings, foundation or underfloor vents or other ventilation openings in vertical
exterior walls and vents through roofs shall not exceed 144 square inches (0.0929 m2) each. Such vents shall be
covered with noncombustible corrosion-resistant mesh with openings not to exceed 1/4 inch (6.4 mm) or shall be
designed and approved to prevent flame or ember penetration into the structure.
505.10.1 Vent locations. Attic ventilation openings shall not be located in soffits, in eave overhangs, between
rafters at eaves, or in other overhang areas. Gable end and dormer vents shall be located not less than 10 feet (3048
mm) from lot lines. Underfloor ventilation openings shall be located as close to
505.11 Detached accessory structures. Detached accessory structures located less than 50 feet (15 240 mm) from
a building containing habitable space shall have exterior walls constructed with materials approved for not less
than 1-hour fire-resistance-rated construction, heavy timber, log wall construction, or constructed with approved
noncombustible materials or fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall
be labeled for exterior use and meet the requirements of Section 2303.2 of the International Building Code.
505.11.1 Underfloor areas. Where the detached accessory structure is located and constructed so that the structure
or any portion thereof projects over a descending slope surface greater than 10 percent, the area below the structure
shall have underfloor areas enclosed to within 6 inches (152 mm) of the ground, with exterior wall construction in
accordance with Section 505.5 or underfloor protection in accordance with Section 505.6.
Exception: The enclosure shall not be required where the underside of exposed floors and exposed structural
columns, beams and supporting walls are protected as required for exterior 1-hour fire-resistance-rated
construction or heavy-timber construction or fire-retardant-treated wood on the exterior side. The fire-retardant-
treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the International
Building Code.