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Home My WebLink Aboutagenda.council.regular.20230124AGENDA CITY COUNCIL REGULAR MEETING January 24, 2023 5:00 PM, City Council Chambers 427 Rio Grande Place, Aspen I.Call to Order II.Roll Call III.Scheduled Public Appearances IV.Citizens Comments & Petitions V.Special Orders of the Day ZOOM Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to join. https://us06web.zoom.us/j/82320253827? pwd=UU90T0dJVWkva2lWZDJRUGVHS1lSdz09 Passcode: 81611 Or join by phone: Dial(for higher quality, dial a number based on your current location): US: +1 719 359 4580 Webinar ID: 823 2025 3827 Passcode: 81611 International numbers available: https://us06web.zoom.us/u/kC3WnL9zs (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports 1 VI.Consent Calendar VI.A Resolution #004, Series of 2023 - Concession Service at the Aspen Recreation Center VI.B Resolution #014, Series of 2023 - Pedestrian Mall and Wagner Park Furniture VI.C Resolution #015, Series of 2023 - E. Water Place Retaining Wall Improvements VI.D Resolution #017, Series of 2023 - Approving an Addendum to City of Aspen and ACRA Tourism Promotion Fund Agreement VI.E Resolution #018, Series of 2023 - Approving an Addendum to City of Aspen and Aspen Chamber Resort Association Agreement VI.F Board Appointments VI.G Draft Minutes of November 29th, 2022 VII.Notice of Call-Up (These matters may be adopted together by a single motion) Resolution #004- 23 Memo.docx RESOLUTION__004-23.docx Resolution #004-23 Agreement.pdf 230124 Council Memo Mall Furniture.docx 230105 Supply Procurement Mall Furniture.pdf 230124 Reso Mall Furniture.doc 51668_Water_Pl_Retaining_Wall_Improvement_Council_Memo.docx Resolution.council.015.23.docx Exhibit A Professional Services Agreement - Excavation Services Signed 01.11.23.pdf 01 ACRA VC and DM extension cover memo 01.17.2023.docx 02 Resolution #017-2023 Addendum to Tourism Promotion Fund.doc 03 resolution.council.180-17 DM.pdf 04 Addendum to Tourism Promotion Agreement.docx 05 Resolution #018- 2023 Addendum to ACRA Agreement for isitor and Guest Services.doc 06 resolution.council.187-16 visitor centers and events.pdf 07 Visitor Centers Adendum.pdf 08 Addendum to VC Agreement.docx Board Appointment Memo 012423.docx cc.min.112922.docx 2 VII.AHPC approval for 500 E. Durant Avenue– Minor Development Review and Commercial Design Review VIII.First Reading of Ordinances VIII.A Ordinance #03, Series of 2023 - 216 W. Hyman Avenue, Establishment of Transferable Development Rights (TDRs) IX.Public Hearings IX.A Ordinance #01, Series of 2023 - Proposed Amendments to Building Regulations Title 8, Aspen Municipal Code IX.B Ordinance #02, Series of 2023 - Formalization of Grants Steering Committee X.Action Items X.A Resolution #003, Series of 2023 - 2023 Regional State and Federal Policy Agenda Notice of Call Up Memo.500 E Durant.pdf Exhibit A_Images of approved project.pdf Exhibit B_December 14 2022 HPC packet.pdf Exhibit C_December 14 2022 Draft HPC minutes.pdf Exhibit D_HPC Resolution 18 Series of 2022.pdf 216_W_Hyman_Council Memo.pdf Ordinance 3 Series of 2023 - 216 W Hyman TDRs.pdf ExhibitA_TDRCriteria.pdf Exhibit B_216 W Hyman TDR application.pdf OrdinanceNo.1_Building Codes_Final Draft.docx 1_24_23_Code_Adoption_Second_Reading_Memo_Final.pdf OrdinanceNo.1_ExhibitA Commercial Energy.pdf OrdinanceNo.1_ExhibitB Residential Energy.pdf Memo Ex D. REMP Appendix.pdf Memo Ex A. Title 8 Document amended sections with strikethroughs.pdf Memo Ex B. Residential Energy Code Document with strike throughs.pdf Memo Ex C. Commercial Energy Code Document with strike throughs.pdf Memo Ex E. REMP Worksheet Examples.pdf Memo Ex F. City of Aspen Energy Modeling Report by Resource Engineering Group.pdf Memo Ex G. Stakeholder Feedback.pdf 2023.1.24_Grants Steering Committee Ordinance.docx Attachment_A__Ordinance_No_2.docx Attachment_B_Grant_STEERING_Committee_Charter.docx Resolution #03 (2023) - memo.docx resolution.council.003-23.docx COA-2023PolicyAgenda-11023 (1).pdf 3 X.B Resolution #016, Series of 2023 - Growth Management Allotment Carry-Forward XI.Adjournment GMQS 2022 Carry Forward Memo.pdf Resolution No. ___ Series of 2023_GMQS Rollover.pdf Exhibit A_2022 GMQS Allotments.pdf Exhibit B_GMQS Carry Forward Code Language And Review Criteria 2020.pdf Exhibit C_Growth Over 5 to 10 years.pdf Exhibit D_Council WorkSession_FollowUp_Memo_4_26_GMQS.pdf 4 MEMORANDUM TO: Mayor Torre and City Council FROM: Erin Hutchings THROUGH: MEMO DATE: 01/14/2023 MEETING DATE: 01/24/2023 RE: Resolution #004-Series of 2023 Concessions Service at the Aspen Recreation Center REQUEST OF COUNCIL: Approval of Resolution #004 Series 2023 Concession Service Agreement for the Recreation Department. SUMMARY AND BACKGROUND: The Aspen Recreation Center contractually operates a small concession space and vending machines for the membership and visitors of the recreation facility. The previous vendor terminated the agreement in May of 2022. The request for proposals went out two times. The Aspen Recreation Advisory committee met with the selected vendors and felt Kind People would be a good fit for the facility. DISCUSSION: The Aspen Recreation Center is one of few locations in the Maroon Creek Corridor that serves affordable grab-and-go snack options. The gap in operations over the summer has created challenges with special events such as swim meets and hockey tournaments. Also, facility users cannot purchase food or beverages before or after practices, fitness programs, and events. The Concession space also creates more vibrancy in the central lobby of the Aspen Recreation Center, and the climbing tower sees more usage. FINANCIAL IMPACTS: • The facility recuperates $175.00 for utility cost monthly • The Department will receive 3% of sales monthly after the initial $50,000 dollars benchmark in year one. ENVIRONMENTAL IMPACTS: ALTERNATIVES: The Recreation Department has pursued the use of additional vending services. Due to the regionality of the space, obtaining fresh food would be challenging. RECOMMENDATIONS: Approve Resolution #004-Series 2023 CITY MANAGER COMMENTS: Attachment A: Lease Agreement RESOLUTION #004 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND KIND PEOPLE LLC, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS there has been submitted to the City Council a contract for concession services between the City of Aspen and Kind People LLC, a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for concession services by and between the City of Aspen and Kind People LLC, a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ, AND ADOPTED by the City Council of the City of Aspen on the 24 day of January 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, January 24, 2023. Nicole Henning, City Clerk MEMORANDUM TO: Mayor and City Council FROM: Mike Tunte, Landscape Architect and Construction Manager THROUGH: Matt Kuhn, Parks and Open Space Director MEETING DATE: January 24, 2023 RE: Resolution #014 Series 2023: Pedestrian Mall and Wagner Park Furniture REQUEST OF COUNCIL: The Parks and Open Space Department is seeking Council approval for a contract with Landscape Forms for the procurement of replacement Pedestrian Mall and Wagner Park furniture. SUMMARY / BACKGROUND: The Aspen Pedestrian Mall furniture has reached the limit of its useful life and needs to be replaced. Parks and Open Space staff has budgeted funding to replace this furniture and have sought to maintain a similar style and color scheme as existing furniture. We will bring back Adirondack chairs lining the edges of Wagner Park. Existing Pedestrian Mall furniture DISCUSSION: Parks and Open Space staff anticipate ordering the following Pedestrian Mall furniture:  31 Tables  99 Chairs Parks and Open Space staff anticipate ordering the following Wagner Park furniture:  16 Lounge Chairs This capital project anticipates a second phase procurement for the replacement of some planters used for annual flowers on the mall. This contract will likely be completed without Council consent, due to the lower dollar amount approval threshold. Proposed Pedestrian Mall furniture Proposed Wagner Park furniture FINANCIAL/BUDGET IMPACTS: The purchase is part of the Parks fund (100). The procurement amount of $123,769.92 is within the current budget allocation for this project of $200,000. The vendor, Landscape Forms, has provided furniture for the City of Aspen in the past and we have always been satisfied with their furniture design and quality. The vendor participates in the National Cooperative Purchasing Alliance (NCPA) and is able to offer cooperative purchasing resulting in savings for the City. ENVIRONMENTAL IMPACTS: Durable is sustainable. By selecting durable products that do not require frequent replacement, the City is minimizing environmental impacts. The vendor lists environmental stewardship as a value and maintains statistics on their sustainability initiatives. ALTERNATIVES Council can suggest an alternative approach to procuring Pedestrian Mall and Wagner Park furniture. STAFF RECOMMENDATIONS: Parks and Open Space Staff recommends approval of the contract with Landscape Forms for Pedestrian Mall and Wagner Park furniture. CITY MANAGER COMMENTS: CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: ___________. AGREEMENT made as of 3rd day of January, in the year 2023. BETWEEN the City: Contract Amount: The City of Aspen c/o Mike Tunte 585 Cemetery Lane Aspen, Colorado 81611 Phone: (970) 920-5055 And the Vendor: Landscape Forms c/o Vivian Kovacs 7800 E. Michigan Avenue Kalamazoo, MI 49048-9543 Summary Description of Items to be Purchased: Pedestrian Mall furniture including 31 Tables, 99 Chairs, and 16 Lounge Chairs Exhibits appended and made a part of this Agreement: If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: ___________________________ Resolution No.:___________________ Exhibit A: List of supplies, equipment, or materials to be purchased. Total: $123,769.92 DocuSign Envelope ID: C9A733F7-5DE2-4CDF-8D18-DDC8CE523442 2023-009 DocuSign Envelope ID: 50C6CAF5-8B97-49E0-B6EB-82F620EC33C0 The City and Vendor agree as set forth below. 1. Purchase. Vendor agrees to sell and City agrees to purchase the items on Exhibit A appended hereto and by this reference incorporated herein as if fully set forth here for the sum set forth hereinabove. 2. Delivery. (FOB 585 Cemetery Lane, Aspen CO 81611) [Delivery Address] 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. Landscape Forms standard 3-year warranty 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 8. Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. DocuSign Envelope ID: C9A733F7-5DE2-4CDF-8D18-DDC8CE523442DocuSign Envelope ID: 50C6CAF5-8B97-49E0-B6EB-82F620EC33C0 11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Vendor or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (A) Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. (B) Vendor agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (C) Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (D) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. DocuSign Envelope ID: C9A733F7-5DE2-4CDF-8D18-DDC8CE523442DocuSign Envelope ID: 50C6CAF5-8B97-49E0-B6EB-82F620EC33C0 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City using state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City’s municipal code, section 13-98, pertaining to nondiscrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. DocuSign Envelope ID: C9A733F7-5DE2-4CDF-8D18-DDC8CE523442DocuSign Envelope ID: 50C6CAF5-8B97-49E0-B6EB-82F620EC33C0 IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein, of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: By: __ _________________________ Aspen City Manager _______________________________ Date Approved as to form: _______________________________ City Attorney’s Office SUPPLIER: ___________________________ By:________________________________ ___________________________________ Title ___________________________________ Date DocuSign Envelope ID: C9A733F7-5DE2-4CDF-8D18-DDC8CE523442 Customer Service Specialist 1/10/2023 | 2:39:01 PM MST Josh Powers DocuSign Envelope ID: 50C6CAF5-8B97-49E0-B6EB-82F620EC33C0 Quote CORPORATE 7800 E. Michigan Avenue Kalamazoo, MI 49048-9543 P: 800.521.2546 F: 269.381.3455 www.landscapeforms.com Federal I.D.# 38-1897577 FSC# NC-COC-001261 Date:01/03/2023 LF Quote#:0000375132 PO#: Project:Aspen Pedestrian Mall (Aspen, CO) Bill To:City of Aspen Parks and Open Space ATTN: Michael Tunte 585 Cemetery Lane Aspen, CO 81611 Ship To:City of Aspen Parks and Open Space ATTN: Michael Tunte 585 Cemetery Lane Aspen, CO 81611 Ship To Contact Phone:(970) 429-2029 Ship Via: Common Carrier F.O.B.: Destination Page: 1 of 4 Cust #:67914 SSR:Joshua Powers Rep:Vivian Kovacs, DR2 Purchaser Seller Qty Description Unit Price Total Price CONTRACT: NCPA 07-53 When ordering please conﬁrm: Shipping address and contact information (name and ph#)· Billing address and contact information· Is your ﬁrm or the project tax exempt? If so, exemption certiﬁcate must accompany order· Delivery schedule:· ___Ship immediately upon completion OR Ship On/After the date:_____ 31 Tables $ 984.48 $ 30,518.88 Top Style:Catena Powdercoated - Solid Size:30" Dia. Umbrella Hole:No Support/Mounting:Catena - Freestanding Table Top Color:Titanium Support Color:Titanium 99 Catena Chair $ 562.56 $ 55,693.44 Style:Catena Chair Powdercoat Color:Titanium Standard Features:Stackable 16 Americana Lounge $ 1,635.60 $ 26,169.60 Tablet Arm Option:No Tablet Arms Seat Color:Apple Red Powdercoat Color:Apple Red Mounting:Freestanding Bag Hanger:No Bag Hanger 24 Catena chair replacement glide.$ 2.00 $ 48.00 EXHIBIT 'A'DocuSign Envelope ID: C9A733F7-5DE2-4CDF-8D18-DDC8CE523442DocuSign Envelope ID: 50C6CAF5-8B97-49E0-B6EB-82F620EC33C0 Quote CORPORATE 7800 E. Michigan Avenue Kalamazoo, MI 49048-9543 P: 800.521.2546 F: 269.381.3455 www.landscapeforms.com Federal I.D.# 38-1897577 FSC# NC-COC-001261 Date:01/03/2023 LF Quote#:0000375132 PO#: Project:Aspen Pedestrian Mall (Aspen, CO) Bill To:City of Aspen Parks and Open Space ATTN: Michael Tunte 585 Cemetery Lane Aspen, CO 81611 Ship To:City of Aspen Parks and Open Space ATTN: Michael Tunte 585 Cemetery Lane Aspen, CO 81611 Ship To Contact Phone:(970) 429-2029 Ship Via: Common Carrier F.O.B.: Destination Page: 2 of 4 Cust #:67914 SSR:Joshua Powers Rep:Vivian Kovacs, DR2 Purchaser Seller Qty Description Unit Price Total Price Item Total $ 112,429.92 Due to the recent increases on fuel related costs that are being seen globally, Landscape Forms has temporarily included an additional 2% surcharge on all Shipping and Handling quotes Shipping & Handling $ 11,340.00 Sub Total $ 123,769.92 Estimated Tax $ 0.00 Document Total $ 123,769.92 Payment Terms: Pending-Net30 Landscape Forms, Inc. reserves the right to change payment terms based on payment history as well as information obtained from commercial credit reporting agencies. •Purchaser is responsible for conﬁrming options, materials, quantities, etc., for completeness and conformity to plans and speciﬁcations. •Changes to or cancellations of orders may incur a penalty charge of 30% or more. Special orders may not be changed or cancelled. •Studio 431 (custom) orders cannot be cancelled once purchase order is received and approved. •Studio 431 orders are subject to price increase after engineering/product development is complete and approved by designer, end user and purchaser. Modiﬁcations in price will be handled via Change Order. •All orders that include a swing product must include an executed liability waiver to be accepted and entered into production. •Only the Material Supplier Standard Limited Warranty shall apply to all product sold by Landscape Forms. No other warranties or changes to the standard warranty will be applied or accepted. •No merchandise can be returned without authorization from Landscape Forms. Returns may be subject to a disposition fee of 30-100%. •Prices based on quantities shown and quantity changes may affect price. DocuSign Envelope ID: C9A733F7-5DE2-4CDF-8D18-DDC8CE523442DocuSign Envelope ID: 50C6CAF5-8B97-49E0-B6EB-82F620EC33C0 Quote CORPORATE 7800 E. Michigan Avenue Kalamazoo, MI 49048-9543 P: 800.521.2546 F: 269.381.3455 www.landscapeforms.com Federal I.D.# 38-1897577 FSC# NC-COC-001261 Date:01/03/2023 LF Quote#:0000375132 PO#: Project:Aspen Pedestrian Mall (Aspen, CO) Bill To:City of Aspen Parks and Open Space ATTN: Michael Tunte 585 Cemetery Lane Aspen, CO 81611 Ship To:City of Aspen Parks and Open Space ATTN: Michael Tunte 585 Cemetery Lane Aspen, CO 81611 Ship To Contact Phone:(970) 429-2029 Ship Via: Common Carrier F.O.B.: Destination Page: 3 of 4 Cust #:67914 SSR:Joshua Powers Rep:Vivian Kovacs, DR2 Purchaser Seller •QUOTED prices are held for 60 days. After receipt of a written ORDER, prices will be held for up to twelve months from receipt of the order. Changes in quantity or speciﬁcation may affect pricing. Upﬁt pricing will only be held for six months after receipt of a written order. •Lighting Poles only-QUOTED prices are held for up to 30 days. ORDERS received on valid quotes for immediate release will be accepted at quoted. Orders received for a future dated release are subject to current pricing at the time of order release. •Pricing includes selection from our standard color palette. Optional colors and custom color matches are available for an additional fee and will extend lead-time. Please contact our corporate ofﬁce for more information. •Fixtures for custom products are the property of Landscape Forms, Inc., and are not available for sale. •Landscape Forms is a supplier only and ships via common carrier. Customer is responsible for ofﬂoading and installing unless otherwise indicated above. •Handling fees alone will apply on third party and customer pick-up orders. •Mounting hardware is only available on a limited number of products. Please consult the installation recommendations or contact our corporate ofﬁce to conﬁrm. In the event hardware is provided, it MUST be used for proper installation. •Refer to Care and Maintenance guidelines for more detailed information and instructions. •All orders ship upon completion of fabrication. A one-week grace period may be available, after which storage fees will apply. •This Agreement contains the entire understanding between the parties. All prior communications are merged into this Agreement. The terms of this Agreement shall control any conﬂict between documents. •This Agreement may be signed by the parties separately and by facsimile, and together they shall be deemed one binding, original Agreement. •Purchaser shall pay all costs and expenses paid or incurred by Landscape Forms, Inc. in collecting any amounts due for goods purchased by Purchaser, including without limitation, reasonable attorneys' fees and collection costs. Balances on invoices not paid within 30 days of date of invoice, or within an alternate period of time as determined and indicated by Landscape Forms, shall incur interest at a rate of 18% per annum. Cash discounts are not offered. •Tax is estimated. Actual tax will be charged on ﬁnal invoice and shall be payable by the Purchaser. U.S. customers must provide a valid sales tax exemption or resale certiﬁcate to remove liability. •To the extent purchaser supplies or modiﬁes the standard speciﬁcations for any products, Landscape Forms, Inc. expressly disclaims all representations and warranties related to such products or their design whether express or implied except that the products shall be manufactured in accordance with purchaser's speciﬁcations. •REMITTANCE OPTIONS: For information on paying via credit card, ACH, direct bank transfer, or wire please email us at AR@landscapeforms.com. Please note all credit card charges will be subject to a 3% surcharge. Mail payments to: DocuSign Envelope ID: C9A733F7-5DE2-4CDF-8D18-DDC8CE523442DocuSign Envelope ID: 50C6CAF5-8B97-49E0-B6EB-82F620EC33C0 Quote CORPORATE 7800 E. Michigan Avenue Kalamazoo, MI 49048-9543 P: 800.521.2546 F: 269.381.3455 www.landscapeforms.com Federal I.D.# 38-1897577 FSC# NC-COC-001261 Date:01/03/2023 LF Quote#:0000375132 PO#: Project:Aspen Pedestrian Mall (Aspen, CO) Bill To:City of Aspen Parks and Open Space ATTN: Michael Tunte 585 Cemetery Lane Aspen, CO 81611 Ship To:City of Aspen Parks and Open Space ATTN: Michael Tunte 585 Cemetery Lane Aspen, CO 81611 Ship To Contact Phone:(970) 429-2029 Ship Via: Common Carrier F.O.B.: Destination Page: 4 of 4 Cust #:67914 SSR:Joshua Powers Rep:Vivian Kovacs, DR2 Purchaser Seller USD Checks Landscape Forms, Inc. Dept 78073 PO Box 78000 Detroit, MI 48278-0073 USA CAD Cheques Landscape Forms, Inc. PO Box 2408 Station A Toronto, Ontario M5W 2K6 CAN DocuSign Envelope ID: C9A733F7-5DE2-4CDF-8D18-DDC8CE523442DocuSign Envelope ID: 50C6CAF5-8B97-49E0-B6EB-82F620EC33C0 RESOLUTION #014 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND LANDSCAPE FORMS AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for procurement of Pedestrian Mall and Wagner Park furniture, between the City of Aspen and Landscape Forms, a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for procurement of Pedestrian Mall and Wagner Park furniture, between the City of Aspen and Landscape Forms, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 24th day of January, 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, January 24, 2023. Nicole Henning, City Clerk MEMORANDUM TO: Mayor Torre and City Council FROM: Ben Levenson, Project Manager II, Asset Management THROUGH: Rob Schober, Director, Asset Management MEMO DATE: January 10th, 2023 MEETING DATE: January 24th, 2023 RE: Water Place Retaining Wall Improvement REQUEST OF COUNCIL: Approval of a contract with Excavation Services in the amount of $195,460 for repair of the deteriorating retaining wall located south of 13, 14, & 15 E Water Pl. SUMMARY AND BACKGROUND: The retaining wall which supports the back yards of 13, 14, & 15 E Water Pl. is deteriorated and failing. The retaining wall is located on the hillside between E Water Pl and Castle Creek Rd. The retaining wall is composed of two types, the west section being built from railroad ties and the east section being a boulder wall. Both sections are failing, with the boulder wall located south of 14 E Water Pl showing the most deterioration. Boulders have begun to shift and roll out of place. The elevation of the grade behind 14 E Water Pl has dropped around 5 inches. DISCUSSION: Staff is recommending approval of the attached contract ‘Exhibit A’ with Excavation Services. Excavation services was selected via a formal RFP procurement process. Staff agrees that Excavation Services is a qualified contractor who will be able to perform the work in a timely manner. FINANCIAL IMPACTS: The project is funded from the 505 Employee Housing Fund. Spending authority for the Retaining Wall Improvement – Water Place (Project #51668) equal to $200,000 was approved in 2022 and will be submitted for re-appropriation in the Spring Supplemental for 2023. ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: If the project is not performed the retaining wall will continue to deteriorate and fail. The grade of 13, 14, and 15 E Water Pl back yards will continue to drop and eventually cause foundation damage and failure. RECOMMENDATIONS: Staff recommends approval of the Excavation Services contract. CITY MANAGER COMMENTS : RESOLUTION # 015 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND EXCAVATION SERVICES INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for E Water Pl. retaining wall improvements, between the City of Aspen and Excavation Services Inc., a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for $195,460, between the City of Aspen and Excavation Services Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 24th day of January, 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, January 24th, 2023. Nicole Henning, City Clerk Agreement Professional Services Page 0 CITY OF ASPEN STANDARD FORM OF AGREEMENT PROFESSIONAL SERVICES City of Aspen Contract No.: ____________. AGREEMENT made this 10th day of January, in the year 2023. BETWEEN the City: Contract Amount: The City of Aspen c/o Sara Ott 427 Rio Grande Place Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Excavation Services c/o Justin Nuun P.O. Box 1159 Carbondale, CO 81623 Phone: (970)-963-8355 For the Following Project: E Water Place Retaining Wall Improvements Exhibits appended and made a part of this Agreement: The City and Professional agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $50,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: ___________________________ Resolution No.:___________________ Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Total: $195,460.00 DocuSign Envelope ID: 787770FD-3E99-420D-8CDF-C85979D874AD 2022-314 Agreement Professional Services Page 1 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than July 1 2023. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an DocuSign Envelope ID: 787770FD-3E99-420D-8CDF-C85979D874AD Agreement Professional Services Page 2 employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such DocuSign Envelope ID: 787770FD-3E99-420D-8CDF-C85979D874AD Agreement Professional Services Page 3 coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Worker's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Worker's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and DocuSign Envelope ID: 787770FD-3E99-420D-8CDF-C85979D874AD Agreement Professional Services Page 4 minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 15.04.570, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or DocuSign Envelope ID: 787770FD-3E99-420D-8CDF-C85979D874AD Agreement Professional Services Page 5 indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Worker Without Authorization prohibited – CRS §8-17.5-101 & §24-76.5-101 Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21- 1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(III) as it relates to the employment of and contracting with a “worker without authorization” which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a Professional who knowingly hires with a worker without authorization to perform work under the contract. The law also requires that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. 1. "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. 2. "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). 3. "Public Contract for Services" means this Agreement. 4. "Services" means the furnishing of labor, time, or effort by a Professional or a subprofessional not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. 5. “Worker without authorization” means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States By signing this document, Professional certifies and represents that at this time: DocuSign Envelope ID: 787770FD-3E99-420D-8CDF-C85979D874AD Agreement Professional Services Page 6 1. Professional shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and 2. Professional has participated or attempted to participate in either the e-verify program or the department program in order to verify that new employees are not workers without authorization. Professional hereby confirms that: 1. Professional shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Professional shall not enter into a contract with a subprofessional that fails to certify to the Professional that the subprofessional shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3. Professional has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Professional shall not use the either the e-verify program or the department program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. If Professional obtains actual knowledge that a subprofessional performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Professional shall: 1. Notify such subprofessional and the Owner within three days that Professional has actual knowledge that the subprofessional is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subprofessional if within three days of receiving the notice required pursuant to this section the subprofessional does not stop employing or contracting with the worker without authorization; except that Professional shall not terminate the Public Contract for Services with the subprofessional if during such three days the subprofessional provides information to establish that the subprofessional has not knowingly employed or contracted with a worker without authorization. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5-102 (5), C.R.S. If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual damages to the Owner arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. DocuSign Envelope ID: 787770FD-3E99-420D-8CDF-C85979D874AD Agreement Professional Services Page 7 It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. 17. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except t hose that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 18. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 19. General Terms. DocuSign Envelope ID: 787770FD-3E99-420D-8CDF-C85979D874AD Agreement Professional Services Page 8 (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 20. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 21. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 22. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Professional or City may assign this Agreement in accordance with the specific written permission, any right to claim damages or to bring any suit, action or other proceeding against either the City or Professional because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 23. Attorney’s Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney’s fees. DocuSign Envelope ID: 787770FD-3E99-420D-8CDF-C85979D874AD Agreement Professional Services Page 9 24. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 25. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or any lower tier participant was unable to certify to the statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 26. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, Professional understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 27. Authorized Representative. The undersigned representative of Professional, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Professional for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: ________________________________ ______________________________ [Signature] [Signature] By: _____________________________ By: _____________________________ [Name] [Name] Title: ____________________________ Title: ____________________________ Date: ___________________ Date: ___________________ Approve as to Form: _____________________ City Attorney DocuSign Envelope ID: 787770FD-3E99-420D-8CDF-C85979D874AD Presidet 1/11/2023 | 11:17:13 AM MST Justin Nuun Agreement Professional Services Page 10 General Conditions and Special Conditions can be found on City of Aspen Website. Purchasing | Aspen, CO DocuSign Envelope ID: 787770FD-3E99-420D-8CDF-C85979D874AD Agreement Professional Services Page 11 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT Scope of work DocuSign Envelope ID: 787770FD-3E99-420D-8CDF-C85979D874AD EXCAVATION SERVICES INC. PO Box 1159 CARBONDALE, CO. 81623 PHONE 970-963-8355, FAX 970-963-4336 PROPOSAL DATE 12/22/2022 CONTRACTING PARTY COA Capital Assets Ben Levenson ADDRESS OF PROPERTY: 13-14 Waters Place Aspen, CO 81611 DESCRIPTION OF WORK TO BE DONE: We are pleased to submit the following bid for work done at the site listed above. Bid based on site visits with COA, Excavation Services, and B&Y Drilling. Due to ongoing shortages of plastic resins, cement, and other materials, the manufactures cannot guarantee availability or pricing of PVC, HDPE, precast products, pumps, or related items. Therefore, pricing or scheduling for associated line items cannot be guaranteed until time of contract execution and products are ordered. Due to drastically fluctuating fuel prices a fuel surcharge may be assessed each billing cycle. The surcharge may be adjusted to keep with current market fuel costs. Mobilization. $ 2,725.00 (Move equipment to and from site as needed to complete work.) Construction access. $ 10,270.00 (Import road base to create access road and remove trees.) Remove patio. $ 1,300.00 (Remove and palatize paver from existing patio to complete shoring.) Excavation. $ 9,210.00 (Excavate a 15’ by 65’ area 3’ deep, and export form site to accommodate micro pile wall.) Site support. $ 13,100.00 (Provide shoring support, concrete cleanout, and toilet for the duration of the project.) Micro pile wall. $ 144,395.00 (Supply and install shoring system to prevent further patio and bank failure.) Backfill and reset patio. $ 10,610.00 (Import, backfill, compact, prep, and reset patio pavers, returning patio to original condition.) DocuSign Envelope ID: 787770FD-3E99-420D-8CDF-C85979D874AD Reclamation. $ 3,850.00 (Remove access road, spread topsoil, seed, and straw disturbances.) Total. $ 195,460.00 Exclusions: Fire suppression flushing records Sound fencing Storm Water Management Plans and record keeping Rock excavation Survey and layout Soils testing Snow removal Winter protection GPS As- builts Pricing terms: Pricing per line item and total price presented above, are good for one calendar year from date of contract execution. Should pricing for individual line items or total price need to be adjusted, due to increase in cost of materials and goods, an assessment can be made and pricing adjusted accordingly annually. Payment terms: Billing statements will be forwarded on or before the 25th of each month for work completed that month. Payment is due upon receipt. Amounts outstanding after the 15th of the next month shall bear interest at the rate of 1.5% per month or 18% annually. Rock Clause: Blasting or splitting of rocks encountered, and special rock handling, including rocks in excess of 2.5 cubic yards or ledges 4 inches or more, shall be charged on a cost plus basis. Dewatering: In the event that underground water is encountered, dewatering the site shall be charged on a cost plus basis. Underground Utilities: Excavation Services is not responsible for the cost of any repairs to private utility lines not shown or located by owner or contracting party. Permits and Tap Fees: Contracting party is responsible for payment of all permits, taps and tap fees, public or private (subdivision regulations) prior to commencement of work. THIS CONTRACT IS ENTERED INTO BETWEEN THE UNDERSIGNED PARTIES AS OF THE DAY AND YEAR ABOVE WRITTEN. EXCAVATION SERVICES INC. CONTRACTING PARTY ___________________________ _________________________ DocuSign Envelope ID: 787770FD-3E99-420D-8CDF-C85979D874AD Agreement Professional Services Page 12 EXHIBIT B PROFESSIONAL SERVICES AGREEMENT Fee Schedule Mobilization $2,725.00 Construction access $10,270.00 Remove patio $1,300.00 Excavation $9,210.00 Site Support $13,100.00 Micro Pile wall $144,395.00 Backfill & reset patio $10,610.00 Reclamation $3,850.00 Total $195,460.00 DocuSign Envelope ID: 787770FD-3E99-420D-8CDF-C85979D874AD MEMORANDUM TO: Mayor and City Council FROM: Sara Ott, City Manager MEMO DATE: January 17, 2023 MEETING DATE: January 24, 2023 RE: Resolution # 017 of 2023 Amending the Visitor Services and Event Production Agreement with the Aspen Chamber Resort Association (ACRA) Resolution #018 of 2023 Amending the Destination Marketing Agreement with the Aspen Chamber Resort Association (ACRA) REQUEST OF COUNCIL: Staff recommends approval of agreement extensions with the Aspen Chamber Resort sociation (ACRA) to allow for additional time for finalizing terms for new agreements. Specifically, Council support is requested to extend the visitor services and event production, and destination marketing agreements for an additional two months. PREVIOUS COUNCIL ACTION: Council previously approved the current visitor services agreement in 2017. This agreement was extended for one year to December 31, 2022 and extended again until January 31, 2023.. Further the current destination marketing agreement was schedule to expire on December 31, 2022 and was extended to January 31, 2023. City and ACRA staffs are in negotiations, and City staff requests until March 31, 2023 to finalize a few remaining details before presenting a new master agreement for destination marketing, visitor services and event production to our respective governing bodies. DISCUSSION: The City Manager and ACRA Executive Director have been in discussions of aligning all ACRA agreements into one master agreement in 2022 and need an additional time to fully vet the proposed language. These two agreements include the Visitor Services and Event Agreement and the Destination Marketing Agreement. These agreements are set to expire on January 31, 2023. The parties request until March 31, 2023. During this time the parties may also be able to finalize leasing details for the transition of the ACRA from the Old Powerhouse to the Armory in the fall of 2023. FINANCIAL/BUDGET IMPACTS: Funding for this contract is included in the 2023 Operating Budget and would be paid from revenues to the Visitor Benefit Tax Fund (aka lodging taxes). RECOMMENDED ACTION: Staff recommends approval of Resolutions #017 of 2023 and #018 of 2023. RESOLUTION # 017 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN ADDENDUM TO CITY OF ASPEN AND ACRA TOURISM PROMOTION FUND AGREEMENT DATED JANUARY 1, 2018, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID ADDENDUM ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an Addendum to City of Aspen and ACRA Tourism Promotion Fund Agreement Dated January 1, 2018, a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Addendum to City of Aspen and ACRA Tourism Promotion Fund Agreement Dated January 1, 2018 and does hereby authorize the City Manager to execute said Addendum on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 17th day of January, 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, January 17, 2023. Nicole Henning, City Clerk RESOLUTION NO. 180 SERIES OF 2017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO,APPROVING A FIFTH AMENDED AND RESTATED AREEMENT BETWEEN THE CITY OF ASPEN, COLORADO AND THE ASPEN CHAMBER RESORT ASSOCIATION SETTING FORTH THE TERMS AND CONDITIONS REGARDING MARKETING AND TOURISM PROMOTION SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS,there has been submitted to the City Council a Fifth Amended and Restated Agreement between the City of Aspen, Colorado and the Aspen Chamber Resort Association, LLLP, a copy of which document is annexed hereto and made a part thereof. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves a Fifth Amended and Restated Agreement between the City of Aspen, Colorado and the Aspen Chamber Resort Association regarding marketing and tourism promotion services for the City of Aspen, a copy of which document is annexed hereto, and does hereby authorize the City Manager of the City of Aspen to execute said document on behalf of the City of Aspen. pRESOLVED,APPROVED, AND ADOPTED this I2 th day of December 2017, by the City Council for the City of Aspen, Colorado. I Steven Skad on, Mayor I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held December 4, 2017. W 01 f. Linda Manning, City Clerk CITY OF ASPEN AND ACRA TOURISM PROMOTION FUND AGREEMENT THIS AGREEMENT is effective this 1st day of January 2018, by and between the CITY OF ASPEN the"City")and the ASPEN CHAMBER RESORT ASSOCIATION ("ACRA"), RECITALS 1. The City and ACRA entered into that certain Agreement dated February 27, 2001, which agreement has been renewed over the years, and the parties hereto desire to again renew said agreement. 2. The City Council has adopted Ordinance No.45, Series of 2000, which imposes a 1.0% visitor benefits tax on condition that the voters of the City of Aspen approve the aforementioned ballot question at the November 7, 2000 municipal election,which the voters did approve. 3. Ordinance No.45, Series of 2000, requires the City Council to appropriate 50%of all revenues generated by the original tax for marketing and promotional efforts for the City's tourism industry. 4. The City Council has adopted Ordinance No. 31, Series of 2010,which imposes an additional 1%visitor benefit and promotion tax on condition that the voters of the City of As approve the aforementioned ballot question at the November 2, 2010 municipal election,which the. voters did approve. S. Ordinance No. 31,Series 2010, requires the City Council to appropriate 100%of all revenues generated by the additional 1%tax for marketing and promotional efforts for the City's tourism industry. 6. Asa result, 25%of all revenues generated by the total 2%visitor benefit and promotion tax shall be used to enable the City to meet its financial obligations to the Roaring Fork Regional Transportation Authority or other similar transportation services provider, and 75%of all revenues generated shall be used for marketing and promotional efforts for the City's tourism industry. 7. The foregoing taxes are codified at Aspen Municipal Code Chapter 23.50,and are referred to herein as the Visitor Benefit Tax or"funds" or"marketing funds." The City desires to contract with an organization capable of performing the marketing and promotional efforts contemplated by said ordinance and funded by the Visitor Benefit Tax. 8. The Aspen Chamber Resort Association desires to contract with the City to receive funds appropriated by the City Council for tourism promotion activities and to thereafter perform such tourism promotion activities on behalf of the City of Aspen. AGREEMENT In consideration of the mutual covenants herein contained and other good and valuable consideration,the receipt and sufficiency of which are hereby mutually acknowledged,the parties agree as follows: 1.Intent of the Parties. The parties to this Agreement agree that the following sets forth their intent in entering into this agreement and the principles set forth below shall help guide all future interpretations of this Agreement and the parties continuing relationship with respect to the expenditure of tourism promotion funds of the City of Aspen. a.The parties acknowledge that the City shall use funds generated by the visitor benefit and promotions tax imposed by Ordinance No.45,Series of 2000, and Ordinance No. 31, Series 2010,to meet its financial obligations pursuant to this Agreement. Accordingly, the parties acknowledge that the purpose, limitations,and administrative requirements of such funds as set forth in said ordinances shall apply to this Agreement. b.The parties intend to enter into a continuing relationship for the multi-year planning and implementation of tourism promotion activities as set forth herein. 2.Scope of Services and Marketing Program. a.During the City's annual budget review and adoption procedures, ACRA shall recommend a marketing plan and budget for City Council's consideration for the forthcoming calendar year. City Council may approve the budget for the marketing plan as it may deem necessary. b.The marketing plan and budget shall include the following: 1.planning and implementing the advertisement, promotion, and development of tourism and special events in the City of Aspen; 2.tourism advertising,written and graphic materials, and cooperative and matching promotional materials; 3.gathering and disseminating information on the tourist industries and attractions of the City of Aspen; 4.purchasing such equipment, materials, and supplies as shall be necessary,to be used solely for tourist promotion; S.contracting for those services and materials as may be incidental, necessary, and appropriate to the accomplishment of the purposes of the fund, including but not limited to, administrative, secretarial, clerical, or professional services deemed necessary; 6.attracting conferences, conventions, and meetings of a commercial, cultural, educational, or social nature to the City of Aspen; 7.attracting sporting events and social and cultural events sponsored by non-profit organizations; 8.defraying administrative and clerical costs of collecting and administering the tax, provided such expenses do not exceed the actual costs of such administrative and clerical costs. For the year 2018,the contribution shall be $35,000.00, and the contribution shall not increase by more than 3%in any year. Notwithstanding the foregoing,the City shall reduce ACRA's required contribution to such costs in any year to the extent necessary so that when such costs are added to other non-program costs in the budget, the total non- program costs do not exceed the limits of Paragraph 2(b)(8). C.The marketing services shall be primarily for strategies and activities developed since February 27, 2001, and ACRA shall not defray costs of programs existing on that date (such as existing special events and marketing efforts,visitor center support, among others)with funds from the Visitor Benefit Tax. Marketing funds maybe used to enhance or promote existing tourism promotion programs and special events. d.The general nature and content of advertising paid for by the marketing fund shall follow these guidelines: the purpose of advertising and promotion shall be to enhance the year-round economy and public welfare of the City as a whole; advertising and promotional efforts shall avoid undue emphasis upon any particular commercial activity or enterprise that might be construed to create a competitive disadvantage to other similar commercial enterprises; and there shall be no advertising or promotion that is misleading or deceptive and therefore opposed to the public interest or prejudicial to the interests of the City. e.ACRA shall be solely responsible for planning and implementation of specific details of the marketing program and may include the lodging community in such planning. ACRA shall monitor the program and ensure conformance to its budget. At least 70 per cent of the funds are to be expended on program costs, rather than on support or staff. ACRA shall not use fund proceeds for its existing operational costs, or for expenses not directly attributable to the purposes of this Agreement, or for expenses not identified in its annual marketing plan and budget (initial or revised) as approved by the City Council. f.The ACRA and Aspen Lodging Association shall meet at least annually in the last quarter of each calendar year to review a tourism promotion plan and budget for the City's following fiscal year prior to presentation to the City Council. 3.Term. The term of this Agreement shall be from January 1, 2018 through December 31, 2022. This agreement may be terminated by either party as set forth as Section 8, below. 4.Reporting and Budgeting. ACRA shall submit a detailed marketing program and expense budget for inclusion in the City's budgeting packets, along with a review of the previous year's program. The City Manager shall provide budget recommendations, including an estimate of prospective tax proceeds,general fund contributions, prior year carry-forward balance, and interest income. The marketing fund shall be eliminated from the City's Grant Panel Review process in that it is its own separate fund. The ACRA is allowed and encouraged to attend and advise the City Council at all such meetings where the marketing program and budget is discussed. During the course of the year,ACRA may submit a revised budget to the City Council for their consideration in order to accomplish such additional strategic marketing objectives as they may identify. City Council may approve the revised budget as it may deem necessary,with the understanding that City Council need not approve such a revised budget unless revenues from the Visitor Benefit Tax are available. ACRA shall provide reports to the City on the fund and expenditures from it, including quarterly income statements and any independent reviews or audits that ACRA receives. 5.Accounting. The City shall pay all actual lodging tax revenues generated by the Visitor Benefit Tax during the term of this Agreement to ACRA as they are generated from the City of Aspen each month, except for such funds as have been designated in the approved Budget to be deposited in the reserve account described in Paragraph 6 below. ACRA shall be responsible for paying its vendors, suppliers, subcontractors, staff, and the like. ACRA shall maintain the tax fund receipts in an interest- bearing bank account separate from its other funds. The City may inspect ACRA's records upon reasonable notice. ACRA shall account for any funds not expended for the purposes set forth in this Agreement. 6.Reserves. ACRA's budget shall include a reserve account of up to$300,000. The funds in the reserve account shall be held for use to supplement actual tax revenues in the event of an economic downturn. Specifically, if the actual tax revenues for the 12 months prior have paced at a decrease of at least 5 percent from the prior 12 months, ACRA may request that a specific amount of reserve funds be appropriated as a supplement to the actual tax revenues. The reserve shall be held as a restricted fund balance by the City of Aspen in the City Tourism Promotion Fund, separate and distinct from any other funds or accounts used or maintained by the City for any other purposes. The funds in the reserve account will be appropriated to be used for the marketing program proposed by ACRA upon written request to and approval by City Council. The reserve funds shall not be used to fund any specific event or sponsorship request that is not part of the annual marketing plan. The reserve funds may be used for no purpose other than a purpose that is(a) permitted pursuant to Ordinance No.31, Series 2010 and (b) supplements the tax revenues appropriated pursuant to paragraph 5 of this Agreement following a 12 month period during which tax revenues have decreased. The parties agree that ACRA will use good faith efforts to build the fund to$300,000 by December 2019. The funds in the reserve account are separate and distinct from any funds paid to and set aside by ACRA to provide contingency or cash flow during the budget year. 7.Equal Access. Any and all businesses within the City shall be permitted equal access and opportunity to participate in cooperative advertising efforts and package promotions specifically related to and supported by the use of the marketing funds referenced in this Agreement,whether or not the business is a member of the ACRA or the Aspen Lodging Association. That is,to the maximum extent possible,ACRA shall make a distinction between member service and other existing programs supported by membership dues, and new programs supported by the City and this Agreement, and as to the latter, not discriminate based on membership in the organizations. 8.Termination. Either party may terminate this agreement effective on December 31 of any year; provided, however, that written notice is delivered to the other party not later than June 30 of the year that termination is to become effective. 9.Other Restrictions and Provisions a.These are intended to be additional funds for marketing, and the intent is that the City will continue its existing funding (for the visitors center, etc.) as a floor, and not lessen those so that the marketing funds from the tax are not absorbed into existing ACRA/City programs. b.The marketing funds shall not be used for city capital projects such as the construction of visitor information centers or other tourist amenities. C.The City Council shall not, without prior consultation with ACRA, change the agent assigned to manage the tourism marketing funds. Nor shall the City change that agent without some sort of cause and explanation, and it shall consult with the ACRA as to any new fund manager. d.ACRA shall not use any of the marketing funds for providing direct reservation services. e.ACRA shall not use fund proceeds to influence the outcome of any election. 10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns and to any person into or with which any party hereto may merge, consolidate,or reorganize. 11. Acknowledgements. The parties declared that they have read and understand the terms of this Agreement,that they have had an opportunity to be represented by counsel with regard to the execution of this Agreement, and that they execute this Agreement voluntarily and without being pressured or influenced by any statement or representation made by any person acting on behalf of anyone else. 12. Indemnification. ACRA agrees to indemnify and hold harmless the City, its officers, employees, insurers, from and against all liability, claims and demands on account of injury, loss, or damage,arising out of or in any manner connected with this Agreement, if such injury, loss, or damage is caused in whole or part, or is claimed to be caused in whole or part by,the act,omission, error, mistake, negligence, or other fault of ACRA, employee, representative, or agent. ACRA agrees to investigate, handle, respond to, and to provide a defense for and defend against any such liability, claims or demands at the sole expense of ACRA, or at the option of the City, ACRA agree to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage.was caused in whole or part by the act, omission, or other fault of the City, its officers,or its employees,the City shall reimburse ACRA for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. If any lawsuit challenges the City's authority to impose the visitor benefits tax,the City shall be primarily responsible for the defense of the suit. 13. No Warranties. Except as expressly set forth in this Agreement,the parties have not made and make no other representations,warranties, statements, promises or agreements to each other. 14. Entire Agreement. The parties agree that this Agreement represents the entire agreement and supersedes all prior agreements between and among them with regard to the subject matter set forth herein, and may not be amended nor may any condition contained herein be waived except by written instrument signed by all parties. 15. Notices. Notices hereunder shall be sent to the City Manager and the City Attorney at 130 S. Galena Street, Aspen CO 81611;to ACRA at Aspen Chamber Resort Association, 425 Rio Grande Place,Aspen CO 81611; and to Oates, Knezevich &Gardenswartz, P.C., 533 East Hopkins Avenue,Aspen CO 81611. 16. Counterpart Signatures. This document may be executed in counterpart original copies, with the original signatures on separate pages to be collated together on one original form of the agreement. CITY OF ASP a unix al c oration By: Stephen H. Barwick . Ci y Clerk ASPEN CHAMBER RESORT ASSOCIATION Attest: By: Debbie Braun, President S cretary ADDENDUM TO CITY OF ASPEN AND ACRA TOURISM PROMOTION FUND AGREEMENT DATED JANUARY 1, 2018 THIS ADDENDUM is effective this 31st day of January 2023, by and between the CITY OF ASPEN (the “City”) and the ASPEN CHAMBER RESORT ASSOCIATION (“ACRA”), RECITALS WHEREAS, on January 1, 2018, the City and ACRA entered into an Agreement for the distribution and use of tourism promotion funds, and WHEREAS, such agreement was for an initial term of January 1, 2018, through December 31, 2022; and WHEREAS, both parties wish to extended this agreement for an additional month to and including January 31, 2023; and WHEREAS, the City wishes to extended this agreement for an additional two months to and including March 31, 2023, to continue negotiations for the entry into a long-term agreement between the parties. AGREEMENT In consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows: 1. The term of this Agreement is hereby extended to and through March 31, 2023. 2. All other terms and conditions of the Agreement shall remain in full force and effect. 3. This Addendum shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns and to any person into or with which any party hereto may merge, consolidate, or reorganize. 4. This document may be executed in counterpart original copies, with the original signatures on separate pages to be collated together on one original form of the agreement. CITY OF ASPEN, a municipal corporation Attest: __________________________________ _____________________________ By: Sara G. Ott City Clerk ASPEN CHAMBER RESORT ASSOCIATION Attest: ___________________________________ By: Debbie Braun, President _____________________________ Secretary RESOLUTION # 018 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN ADDENDUM TO CITY OF ASPEN AND ASPEN CHAMBER RESORT ASSOCIATIONAGREEMENT DATED DECEMBER 13, 2016, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID ADDENDUM ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an Addendum to City Of Aspen And Aspen Chamber Resort Association Agreement Dated December 13, 2016, for the operation of visitor and guest services a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Addendum to City of Aspen and Aspen Chamber Resort Association Agreement Dated December 13, 2016 and does hereby authorize the City Manager to execute said Addendum on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 17th day of January 2023. Torre, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, January 17, 2023. Nicole Henning, City Clerk DocuSign Envelope ID: 3DF6CD5F-1E35-4307-B70D-068E8EF0142E ADDENDUM TO CITY OF ASPEN AND ASPEN CHAMBER RESORT ASSOCIATION AGREEMENT DATED DECEMBER 13, 2016 THIS ADDENDUM is effective this 31st day of January 2023, by and between the CITY OF ASPEN (the “City”) and the ASPEN CHAMBER RESORT ASSOCIATION (“ACRA”), RECITALS WHEREAS, on December 13, 2016, The City and ACRA entered into an Agreement for the operation of visitor and guest services., and WHEREAS, such agreement was amended pursuant to an Addendum executed on July 1, 2020, and an Addendum executed on December 10, 2021, and an addendum executed on December 13, 2022; and WHEREAS, both parties wish to further amend the Agreement of December 13, 2016. AGREEMENT In consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows: Section I: Operation of Visitors Centers. 1. ACRA will operate visitor centers at the Wheeler Opera House lobby, Cooper Street guest services pavilion and 590 N. Mill Street. 2. The hours of operation will remain unchanged. In the event ACRA wishes to reduce hours or suspend service at a location, the City will be notified in writing of such request. If the request is granted, the City will receive a corresponding credit for the reduction of hours, prorated to a daily rate per location. Section II: Special Events. ACRA will be the executive producer of Winterskol for 2023. Section III. Payments. In consideration of services with the adjustments above, the City of Aspen shall pay to ACRA from the Visitor Benefit Tax Fund: 1. Staffing and Operation of the 590 N. Mill Street, Wheeler Opera House lobby and Guest Services Pavilion Visitor Centers 2. Special Events, including Wintersköl. Section IV. Miscellaneous. 1. All terms of the Agreement dated December 13, 2016, and the Addendum dated July 1, 2020, and the addendum dated December 10, 2021, not amended or otherwise inconsistent with the terms of this Addendum shall remain in full force and effect. If there is any inconsistency between the Agreements, this Addendum shall prevail. 2. Term. The term of the Agreement as amended by this Addendum shall be through March 31, 2023. 3. Binding Effect. This Addendum shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns and to any person into or with which any party hereto may merge, consolidate, or reorganize. 4. Counterpart Signatures. This document may be executed in counterpart original copies, with the original signatures on separate pages to be collated together on one original form of the agreement. CITY OF ASPEN, a municipal corporation Attest: __________________________________ _____________________________ By: Sara G. Ott City Clerk ASPEN CHAMBER RESORT ASSOCIATION Attest: ___________________________________ By: Debbie Braun, President _____________________________ Secretary MEMORANDUM TO: Mayor and City Council FROM: Nicole Henning MEMO DATE: January 18, 2023 MEETING DATE: January 24th, 2023 RE: Board Appointments By adopting the Consent Calendar, Council is making the following appointments: David Hyman – Election Commission 1 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 29, 2022 At 5:00 p.m. Mayor Torre called the regular meeting to order with Councilors Doyle, Richards, Mesirow, and Hauenstein present. Scheduled Public Appearances: Mayor Torre announced proclamation honoring Virgil Simon. Mayor Torre read the proclamation. He is a well-known sketch and watercolor artist and co-founded the Aspen Choral Society. Mr. Simon thanked council. Public comment: Ruth Harrison – Ms. Harrison congratulated Michael Buglione on the election and becoming the new sheriff and all of the winners and Adam Frisch for what he did. She spoke about affordable dining in town and referenced Clark’s. She asked about a vacancy tax in Aspen and named all of the shuttered businesses in town, which are owned by Mark Hunt. She also mentioned the stairs coming into City Hall aren’t shoveled. Mike Maple – Mr. Maple said he lives at 1250 Mountainview Drive. He said he thinks it’s a disservice to the community that the agendas aren’t posted in the paper. He spoke about the budget and the massive growth in the city budget. He would like to see them spend more money in Community Development. It’s troubling to him how long it takes to get things done in this community along with change orders after the initial permits are issued. He would like to see more money given to APCHA. He thinks they need more staff. He also commented on the Action Item tonight, which is regarding a settlement and said this legislation was wrong from the beginning. Commissioner Comments: Councilor Doyle said he is happy to see winter return. This is what Aspen is all about. Councilor Richards wished everyone a Happy Thanksgiving. Councilor Hauenstein said, as we enter the holiday season, find some joy in life, and spend time with loved ones. Mayor Torre said the city of Aspen will be hosting a community event with Pete McBride starting at 6:00 p.m. at the Wheeler Opera House. Agenda Amendments: City Attorney, James R. True, said Resolution #136 was set as an Action Item by accident and should have been added to the Consent Calendar. Councilor Richards motioned to move Resolution #136 to the Consent Calendar; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. City Manager Comments: None. Board Reports: None. Consent Calendar: Mayor Torre pulled Resolution #139, Series of 2022 - Change Order to the New Castle Creek Bridge Outreach Project. 2 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 29, 2022 Jack Dannenberg, Civil Engineer and Trish Aragon, City Engineer were present to answer questions. Mayor Torre asked if this project should be delayed and City Manager, Sara Ott, said no. Councilor Doyle motioned to adopt the Consent Calendar; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. HPC Call Up for 413 E. Main Street – Minor Development and Commercial Design Review – Amy Simon, Planning Director and Ben Rose, representing Jing. Ms. Simon said this request is to add a porch to the outdoor dining area at Jing. HPC approved a smaller footprint and was a unanimous approval and staff recommends that council uphold the approval. Councilor Richards doesn’t see a need for call up. Councilor Hauenstein agreed. Mayor Torre said there will be no call up. Public Hearings: Resolution #124, Series of 2022 – City of Aspen Component Units – 2023 Budget – Pete Strecker, Finance Director Mr. Strecker summarized the process the 2023 budget has gone through, which is now ready for adoption. Mayor Torre opened the public hearing. Mayor Torre closed the public hearing. Councilor Hauenstein reminded the public that they had six work sessions going over the entire budget. Councilor Richards motioned to approve; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Resolution #125, Series of 2022 – Aspen Pitkin County Housing Authority and Component Units – 2023 Budget – Pete Strecker, Finance Director Mayor Torre opened public comment. Mayor Torre closed public comment. Councilor Doyle motioned to approve; Councilor Mesirow seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Ordinance #16, Series of 2022 – Updates to Title 25, Utilities – Tyler Christoff, Utilities Director Mr. Christoff said this is their annual update to rates and fees. This was reviewed on November 15th, at first reading and no changes have been made. Mayor Torre opened public comment. Mayor Torre closed public comment. 3 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 29, 2022 Councilor Richards motioned to approve; Councilor Hauenstein seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Ordinance #18, Series of 2022 – City of Aspen 2022 Fall Supplemental Budget Adjustment – Pete Strecker, Finance Director Mr. Strecker summed up the fall supplemental asks. Councilor Hauenstein motioned to approve. Mayor Torre opened the public hearing. Mayor Torre closed the public hearing. Councilor Richards seconded Councilor Hauenstein’ s motion. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Ordinance #19, Series of 2022 – City of Aspen Fee Schedules – Pete Strecker, Finance Director Mr. Strecker summarized the ordinance. Councilor Doyle motioned to approve; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Mayor Torre thanked staff very much. It’s a team effort. We will give some awards for best budget presentation next year. Photos matter and music matter, but this year, everyone is a winner. Resolution #145, #146, #147, Series of 2022 – Jing 413 E. Main Street, Limelight 355 S. Monarch Street, Almresi 219 E. Durant Avenue – Temporary Use Request – Ben Anderson and Kevin Rayes, City Planners Mr. Rayes summarized all three requests but asked council to act on the each one individually. He reviewed the resolution that was passed for temporary structures during COVID. Councilor Mesirow asked why temporary uses were banned in 2015. Kevin explained the materials were not durable and there was discussion on how to approach air locks. It was more about the protrusion into the right of way. Mr. Rayes summarized the temporary use standards. City Council shall consider location, size, design, operating characteristics, and visual impacts of the proposed use. The impacts of the proposed temporary use on pedestrian and vehicular traffic and traffic patterns, municipal services, noise levels and neighborhood character. The duration of the proposed temporary use and whether a temporary use has previously been approved for the structure and parcel, how the proposed temporary use will enhance or diminish the general health of the public, impact fees and affordable housing mitigation. He spoke about the commercial design review and the Aspen area community plan and council’s vision. He said staff is recommending denial of Jing’s request, approval of the Limelight’s request, and denial of Almresi’s request. Mr. Rayes said if any of these receive council approval, they would not have to go back through the building permit process. 4 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 29, 2022 Jing (413 E. Main Street) – Ben Rose, Attorney – Mr. Rose thanked council for being here. He asked for clarification on staff concerns. Mr. Rayes said the structure is somewhere between a permanent and temporary structure. Mr. Rose described the materials being used. He said the are offering to pay extra mitigation costs. Councilor Richards said this is painful, but she can’t support this application. Pedestrian amenity in our town is important. She’s concerned where things go from here. We’re dialing back the COVID protocols. She appreciates their business and thinks they have great food. Councilor Doyle agreed and said he sees this as an “unleveling” of the playing field. Mayor Torre opened the public hearing. Mayor Torre closed the public hearing. Councilor Hauenstein said this is the best-looking request he’s seen. You can’t make everyone happy though. Councilor Mesirow said he appreciates these structures contributing to the messy vitality of town, but we have a huge employee housing crisis in town. Mayor Torre said he loves this and the outdoor there and wishes he could say yes. He said the precedent and ramifications would be far and wide. Unfortunately, the mitigation does not meet the usage. This is not a one off. Mr. Rose thanked them and said he appreciates the approvals they have gotten this year. He understands where they are coming from. Councilor Doyle motioned to deny Resolution #145; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Limelight (355 S. Monarch) – John Berko, Project Manager of Aspen Skiing Company Mr. Berko showed the vestibule on screen and said part of the renovation was the bell stand and guest entrance desks as well. Every time the door opens, cold air comes in and is very drafty. The desired goals are to increase energy efficiency and we have updated the mechanical systems. He showed the elevation of the vestibule. Councilor Richards thanked him for talking about the renovation and the cold air issue. She doesn’t like the 2–3-year approval. She said they should only consider one year tonight. Councilor Doyle said he is comfortable approving this for a year. He thinks it’s a good idea and he supports it. Councilor Hauenstein said he supports the one year and fully approves of this to make an impact on greenhouse gases. Councilor Mesirow said he will not support this because the code doesn’t comport. It seems clear to him. 5 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 29, 2022 Councilor Doyle motioned to approve Resolution #146 for one year; Councilor Hauenstein seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, no; Richards, yes; Torre, yes. 4-1, motion carried. Almresi (219 E. Durant Avenue) – Frank Thoma and Alyssa Thoma, Owners Mr. Thoma said they had restaurants in Germany, Aspen, and Vail. They had to close for two years because they couldn’t bring enough staff in. This year is a learning curve because they have tried to have a patio these past couple of years. Last year they bought the space from the Dancing Bear and see the gondola experience as something unique. Ms. Thoma said they understand there are things they could change in regard to the code with shininess and heating, etc. The gondolas only add 6-12 more seats so it would not require more employees and are only open five days a week. The structures would be up from December through April. It doesn’t block the sky; it blocks more the view to the building. She said they have five gondolas currently at the Vail location. Councilor Hauenstein said he wants to do a road trip to Vail to check out the gondolas. Considering the location, you should consider having mud pie on the dessert menu. He can’t support this for a variety of reasons. It’s an interesting concept, but in violation of all issues alongside the Jing application. Mayor Torre said he is open to this, and he likes it. Councilor Richards said she can understand why. She appreciates them coming in and meeting them. She’s excited to see a real European restaurant back in town. She can’t support the issues regarding mass, however. Councilor Doyle said he also has to say no, but he had an amazing dinner there pre COVID and he’s looking forward to another. Councilor Mesirow said he likes seeing them out there even if they aren’t being used. For all the same reasons, he has come to the same conclusion, but for a shorter period, this could still happen. Councilor Richards agreed and said they could reapply for a shorter time period. Councilor Doyle motioned to deny Resolution #147; Councilor Richards seconded. Mayor Torre said he will vote against. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, no. 4-1, motion carried. Mayor Torre announced a five-minute break at 7:18 p.m. Council reconvened at 7:27 p.m. Action Items: Resolution #128, Series of 2022 – 2023 Budget Year Mill Levy Adoption – Pete Strecker, Finance Director Mr. Strecker said annually council is required to adopt two Mill Levy’s: the general-purpose Mill Levy and a dedicated storm water Mill Levy program. Councilor Doyle motioned to approve; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. 6 REGULAR MEETING ASPEN CITY COUNCIL NOVEMBER 29, 2022 Resolution #140, Series of 2022 – Settlement Related to Demolition Allotment Applications – Ben Anderson, City Planner and Phillip Supino, Community Development Director Mr. Anderson this resolution was drafted in coordination with the City Attorney’s office in appeal to the demolition allotment applications. Community Development had received 13 applications on August 8th, and on that same day, received 800 emails. Staff made a determination to deny six of those applications and the denied applications appealed. The settlement agreement is outlined in the memo. Mr. True said this is not a public hearing, but if council wishes to take public comment, they are welcome to. Councilor Doyle asked if there are safeguards in place to make sure this doesn’t happen again from another planning firm. Mr. Supino said we can’t control what people do, but we have put some thought of how to make guard rails even clearer in the future. Councilor Hauenstein said it’s unfortunate this is before us. We should revisit Ordinance #13, Series of 2022 before we have another allotment process. Mayor Torre said we will take up that conversation after this action. Councilor Richards said this is a reasonable and fair agreement to take this forward. Councilor Doyle motioned to approve; Councilor Richards seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. Mr. True introduced the Executive Session. Councilor Richards motioned to move into Executive Session; Councilor Doyle seconded. Roll call vote: Doyle, yes; Hauenstein, yes; Mesirow, yes; Richards, yes; Torre, yes. 5-0, motion carried. ___________________________ Nicole Henning, City Clerk Page 1 of 2 427 Rio Grande Place | aspen.gov MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Amy Simon, Planning Director THRU: Ben Anderson, Deputy Community Development Director MEETING DATE: January 24, 2023 RE: Notice of Call Up, HPC approval for 500 E. Durant Avenue– Minor Development Review and Commercial Design Review APPLICANT /OWNER: 450 S Galena Investors, LLC with the consent of property co-owner Marcus Galena Durant, LLC REPRESENTATIVE: BendonAdams LOCATION: Street Address: 500 E. Durant Avenue Legal Description: Durant Galena Condominiums, City and Townsite of Aspen, Colorado Parcel Identification Number: PID# 2737-182-22-007 and 008, and 2737-182-22-800 CURRENT ZONING & USE: CC, Commercial Core, Retail, restaurant, office PROPOSED LAND USE: No change SUMMARY: Certain land use approvals granted by HPC or P&Z require that Council be notified of the decision through a brief staff summary. The notification is not a public hearing and no applicant presentation or public comment has been accepted in the past. During the Call Up Notice, City Council may uphold the HPC or P&Z decision. Alternatively, Council may request more detailed information be provided through a presentation by staff and the applicant at a future meeting. After hearing the additional project description, Council may uphold the boards’ decision or may remand it to require reconsideration of specific issues at a new public hearing. HPC’s or P&Z’s decision on remand shall be final. BACKGROUND: On December 14, 2022, HPC reviewed and then granted Minor Development and Commercial Design approval for exterior alterations to the building located at 500 E. Durant Avenue. This commercial building was constructed around 1974 and is not landmarked, but is located in the Commercial Core Historic District. The work is subject to HPC review to ensure architectural compatibility with the neighborhood. 500 E. Durant Avenue Page 2 of 2 427 Rio Grande Place | aspen.gov STAFF RECOMMENDATION: The applicant intends to increase restaurant and café uses in this building, and to reduce retail space. To accomplish this, a proposal was submitted for design review approval for exterior changes including enlarging an elevator and balconies, adding awnings, replacing windows and other materials, replacing mechanical equipment, and improving waste and recycling storage. The project includes some building massing changes in the form of an elevator extension and an enclosed dining area on the upper floor balcony. These are within the existing footprint of the structure. A number of alterations are proposed to fenestration, materials, and there is to be a new retractable awning over south facing outdoor dining. This building is not designated historic. It’s pitched roof is unusual in the downtown core, but reflects the transition from traditional commercial architecture to ski base architecture. There are no adjacent historic structures on the Durant frontage, but the Independence building, a large Victorian era hotel, sits to the north. Staff supported the project, with the exception of the original design for new windows on the upper floor of the south elevation, and the proposal to lime-wash existing masonry, which is a request that becoming increasingly common downtown, and which staff finds is a character change to the historically unpainted brick downtown. The applicant amended the window design as requested. HPC was supportive of the lime-wash application, but did require a sample be reviewed in order to agree on an appropriate level of opacity. The project was approved by a vote of 5 to 0. FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: N/A RECOMMENDATION: Staff recommends Council uphold HPC’s decision. Alternative Motion for Call-up “I move to call-up HPC’s approval for 500 E. Durant Avenue, Minor Development and Commercial Design Review.” CITY MANAGER COMMENTS: ___________________________________________________________________________________ ___________________________________________________________________________________ _______________________________________________________________________. EXHIBITS: A – Images of approved project B – December 14, 2022 HPC packet C – December 14, 2022 Draft HPC meeting minutes D – HPC Resolution #18, Series of 2022 ISSUED DATEPROJECT NUMBER© Clayton Korte|The Design Professional's electronic seal or signature is effective only as to that version of this document as originally published by Clayton Korte. Clayton Korte is not responsible for any subsequent modification, corruption, or unauthorized use of such document. To verify the validity or applicability of the seal or signature, contact the Design Professional.12/12/2022 5:43:00 PM500 E. DURANT REMODEL 510 E. DURANT AVENUE ASPEN, COLORADO 81611 HPC SET12/09/202221030 PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER 510 E. DURANT AVENUEASPEN, COLORADO 81611HPC6.0 3D VIEW500 E. DURANT REMODELHPC SET 21030 12/09/2022 1/4" = 1'-0"2 VIEW FROM E. DURANT AVE. AWNING CLOSED 1/4" = 1'-0"1 VIEW FROM E. DURANT AVE. AWNING OPEN Page 1 of 5 427 Rio Grande Place | aspen.gov MEMORANDUM TO: Aspen Historic Preservation Commission FROM: Amy Simon, Planning Director MEETING DATE: December 14, 2022 RE: 500 E. Durant Avenue– Minor Development Review, Commercial Design Review, PUBLIC HEARING APPLICANT /OWNER: 450 S Galena Investors, LLC with the consent of property co- owner Marcus Galena Durant, LLC REPRESENTATIVE: BendonAdams LOCATION: Street Address: 500 E. Durant Avenue Legal Description: Durant Galena Condominiums, City and Townsite of Aspen, Colorado Parcel Identification Number: PID# 2737-182-22-007 and 008, and 2737-182-22-800 CURRENT ZONING & USE CC, Commercial Core, Retail, restaurant, office PROPOSED LAND USE: No change SUMMARY: The applicant requests approval for exterior changes to the subject property, including enlarging an elevator and balconies, adding awnings, replacing windows and other materials, replacing mechanical equipment, and improving waste and recycling storage. This commercial building was constructed around 1974 and is not landmarked, but is located in the Commercial Core Historic District. The work is subject to HPC review to ensure architectural compatibility with the neighborhood. STAFF RECOMMENDATION: Staff recommends approval with conditions to retain the natural finish of the brick and to limit alterations to the windows on the upper floor of the Durant Avenue façade. 500 E. Durant Avenue Page 2 of 5 427 Rio Grande Place | aspen.gov REQUEST OF HISTORIC PRESERVATION COMMISSION (HPC) The Applicant is requesting the following land use approvals: • Minor Development (Section 26.415.070.C) and Commercial Design Review (Section 26.412.040.E)- a one-step design review of exterior alterations to a non-historic property in a historic district. The Historic Preservation Commission (HPC) is the final review authority. The project is subject to Call-Up notice to City Council. ASSOCIATED ADMINISTRATIVE REVIEWS THAT WILL BE PROCESSED BY STAFF • Growth Management Exemption (Section 26.470.070.E)- The proposed project increases the floor area of the building by approximately 583 square feet, but the net leasable area is decreased because some spaces currently leased to individual tenants are becoming shared circulation corridors and the like. An INCREASE in net leasable is typically a trigger for requiring affordable housing mitigation, parking mitigation, and other fees and requirements. This is not the case for the proposed project. Following HPC review staff will produce an Administrative Growth Management exemption for documentation. • View Plane Administrative Review (Section 26.435.050.E)- The proposed project sits within the foreground of a view plane. New development that pierces a view plane in a foreground area is prohibited or highly regulated. That said, elements such as new mechanical equipment can be allowed if demonstrated to be the minimum size necessary for their function, are compliant with setbacks and are not be visible from the origination point of the view plane. Because the Independence Building completely blocks the subject property from the view plane starting point in front of 520 E. Cooper, staff will prepare an Administrative exemption for the new rooftop mechanical in this project. To the extent that any of the equipment does not meet the required setbacks from the Durant and Galena building façades (this appears to be the case only for an existing vent and new equipment on top of the elevator,) the Community Development Director can grant an allowance per code section 26.575.020.K to accommodate features necessary for code compliance and building function when the impact is minimized and no other practical solution exists. This is not a variance and no need to demonstrate hardship is needed. The pitched roof on this building limits locations for mechanical to be placed. STAFF COMMENTS: The applicable review criteria and staff findings are detailed in Exhibit A. The proposed project includes some building massing changes in the form of an elevator extension and an enclosed dining area on the upper floor balcony. These are within the existing footprint of the structure. A number of changes are proposed to fenestration, materials, and features such as balconies and partially covered outdoor dining. In general, staff finds that the design guidelines are met as this building is not designated historic and there are no adjacent historic structures on the Durant frontage. This pitched roof building is unusual in the downtown core, but does reflect the transition from traditional commercial architecture to ski base architecture. The programming of the building Page 3 of 5 427 Rio Grande Place | aspen.gov is likely to create an active streetscape, which will be a positive outcome at this very busy intersection. Staff does find that two topics in particular warrant discussion and additional evaluation by the applicant. The first, seemingly a trend in downtown renovations, is the proposal to apply a coating to the red brick elements of the building. The coating is described as a blackened limewash. Applying the proposed finish to the brick literally washes over the reading of the masonry units and grout lines, and reduces the visual interest of the façades. Masonry was historically not painted in the historic district, and doing so can cause long-term deterioration to the brick, and negatively impacts the relationship of the building to the surrounding context in terms of texture, color, and the human scale that the masonry units provide. Brick is a relatively limited part of the material palette of this building, but nonetheless, it was included at the time of construction presumably as a reflection of the typical materials in the area. The photo below, showing the building under construction and free of some of the alterations that have occurred subsequently, shows the nearby brick buildings and a relationship to context. This photograph also shows how the building reflected common design themes in Aspen in the 70s, including wood windows, glass that extended through the gable end, Chalet architecture references, etc. While the building is not designated and staff is not suggesting it be held to preservation standards, there is a vocabulary and a sensitivity to context that is being significantly changed by this application and should be discussed. Staff brings this up in particular on the Durant Avenue façade and the impacts of altering the brick and changing the windows to multi-pane. While there are no historic structures impacted by this façade, the district was intentionally drawn in the 1970s to include this blockface and to ensure some future dialogue amongst the development in the area. Photo: Aspen Historical Society Proposed south facade Page 4 of 5 427 Rio Grande Place | aspen.gov Staff recommends project approval, with the condition that the brick remain natural and the upper floor window design changes do not proceed. As seen in the photo of the Galena Street façade below, that elevation is currently complex in part because of awnings, the roof shape on the elevator, and the paint scheme. The project appears to be an improvement and simplification in this regard. That said, the proximity of the large red brick Independence building again emphasizes the need to be thoughtful about the treatment of the brick. Page 5 of 5 427 Rio Grande Place | aspen.gov REFERRAL COMMENTS: The application was referred out to other City departments to preliminarily identify requirements that may affect permit review. There has been significant dialogue with the Building Department, Zoning, Environmental Health, Engineering and Parks in an effort to trouble-shoot the project before it advances to permit. The aspects of those conversations of most interest to HPC’s review are a required reconfiguration of the trash service area along the alley, the removal of a large tree at the front of the site, and the need for the outdoor dining patio at the front of the site to be constructed of pervious pavers. The progress made in these discussions is reflected in the drawings being presented to HPC. Additional dialogue will be needed with these review groups, which is a condition of approval. RECOMMENDATION: Staff recommends HPC approve the proposal with conditions stated in the attached Resolution. ATTACHMENTS: Resolution #____, Series of 2022 Exhibit A- Design Review/Staff Findings Exhibit B- Application Page 1 of 9 Exhibit A Minor Development Commercial Design Standards and Guidelines Staff Findings 26.415.070. Development involving designated historic property or property within a historic district. No building, structure or landscape shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or a property located within a Historic District until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review. An application for a building permit cannot be submitted without a development order. 26.415.070.C Minor Development 1. The review and decision on the issuance of a certificate of appropriateness for minor development shall begin with a determination by the Community Development Director that the proposed project constitutes a minor development. Minor development work includes: a) Expansion or erection of a structure wherein the increase of the floor area of the structure is two hundred and fifty (250) square feet or less or b) Alterations to a building façade, windows, doors, roof planes or material, exterior wall materials, dormer porch, exterior staircase, balcony or ornamental trim when three (3) or fewer elements are affected and the work does not qualify for a certificate of no negative effect or c) Erection or installation of a combination or multiples of awning, canopies, mechanical equipment, fencing, signs, accessory features and other attachments to designated properties such that the cumulative impact does not allow for the issuance of a certificate of no negative effect or d) Alterations that are made to non-historic portions of a designated historic property that do not qualify for a certificate of no negative effect or e) The erection of street furniture, signs, public art and other visible improvements within designated historic districts of a magnitude or in numbers such that the cumulative impact does not allow for the issuance of a certificate of no negative effect. The Community Development Director may determine that an application for work on a designated historic property involving multiple categories of minor development may result in the cumulative impact such that it is considered a major development. In such cases, the applicant shall apply for a major development review in accordance with Subsection 26.415.07.D. 3. The procedures for the review of minor development projects are as follows: b) Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code sections. This report will be transmitted to the HPC with relevant information on the proposed project and a recommendation to approve, disapprove or approve with conditions and the reasons for the recommendation. The HPC will review the application, the report and the evidence presented at the hearing to determine the project's conformance with the City Historic Preservation Design Guidelines. Page 2 of 9 c) The HPC shall approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. If the application is approved, the HPC shall issue a certificate of appropriateness and the Community Development Director shall issue a development order. Staff Findings: The proposed work has been determined to qualify as Minor Development. Although there is some increase in building square footage, it is within the existing footprint and associated with extending the elevator to serve all floors and enclosing two areas on the second floor balcony. One of the second floor enclosed areas is code related as the path from the elevator to the occupied space must be an interior path in this case. The second enclosure on the upper level is to create a dining area that captures views. Staff does not perceive that the scope of work would benefit from a two-step review. Because the affected structure is not designated, the Historic Preservation Design Guidelines, adopted in 2016 do not apply. The document states that “These design guidelines are specifically for properties listed on the “Inventory of Historic Sites and Structures,” inside and outside of the historic districts.” New guidelines for development in the Commercial Core were created in 2017 and will be used in the evaluation of this application. Per the Commercial, Lodging and Historic District Design Standards and Guidelines, “a property located within the Main Street Historic District or Commercial Core Historic District, but not a designated landmark is subject to the applicable Commercial, Lodging and Historic District Design Standards and Guidelines, but is not subject to the Historic Preservation Design Guidelines.” The applicable guidelines for this remodel are found in the General, Commercial Core Historic District and Pedestrian Amenity chapters. Below, staff has identified information pertinent to the scope of work, highlighting topics found not to be met. Regarding the proposal to apply a limewash to the existing natural red brick, the applicant intends to provide a sample of the proposed blackened limewash for the board’s review at the hearing. This is required in order to completely assess whether Standard 1.22 is met Similar to the board’s recent consideration of applying limewash to the structure at 520 E. Cooper Avenue, staff finds that this alteration does not comply with mandatory standards 1.23 and 1.33, guideline 1.24 and guideline 2.14. Applying the proposed finish to the masonry literally washes over the reading of the masonry units and grout lines, and reduces the visual interest of the façade. Masonry was historically not painted in the district, and doing so can cause long-term deterioration to the brick, and negatively impacts the relationship of the building to the surrounding context in terms of texture, color, and the human scale that the masonry units provide. This building is architecturally an anomaly in the neighborhood but represents the transition of the downtown from very traditional commercial architecture to Modernism, with chalet references particularly appropriate to the base of Aspen Mountain. While staff does not believe that the existing building was reviewed by HPC when it was constructed, it was built at the time that the district was being formed and includes materials, such as red brick and wood siding, common to the surroundings. The district boundary included the Durant Avenue blockface, even though there are not historic buildings on this streetscape, because it is part of the Commercial Core zone district and is part of a commonly understood neighborhood that is united through intensity of use and certain architectural characteristics. Staff recommends that HPC look carefully at context to ensure that visual connection to the Commercial Core is not lost in this project. Page 3 of 9 In addition to the concern with erasing the red brick material, staff is concerned that the proposed changes to the upper floor windows on the south façade of the building are not compatible with the district, where ground floor windows sometimes are multi-paned or decorative, as proposed in this project, but upper floor windows are generally simpler. Staff recommends that the request to install divided lights on the upper floor be denied because it does not meet guidelines 1.34 and 1.35. There are some mandatory design standards applicable to this project that cannot be met because of existing conditions. This project is a remodel, not all new construction and many characteristics of the building and the site are fixed. The guidelines state that a remodel should meet design guidelines and neighborhood character where feasible. It is not possible, for instance for the trash area along the alley to be screened in compliance with Standard 1.27. Currently the trash collection sits in the alley. Correcting this has been a major discussion leading to this HPC review. The property occupants are going to use smaller rolling toters for trash and recycling rather than large dumpsters. There is truly not an inch to spare that can be devoted to screening. Although the building is being improved with airlocks designed to reduce heat loss as doors open and close, which meets Standard 1.15, the proposed doors are not recessed as Standard 1.14 indicate. That is a pattern that is very important to buildings throughout the Core, but not at all common on this blockface. Staff finds the entry door design to be appropriate. The project must be evaluated for compliance with Pedestrian Amenity guidelines, which emphasize useful and attractive outdoor spaces. Pedestrian Amenity currently exists on the street-level and upper floor. Although some modifications are proposed, staff finds that the quality of the spaces is preserved and improved with features such as the retractable awning, which will make the areas more comfortable for users. The project also must continue to meet minimum standards for Second Tier commercial space, by retaining a certain percentage of net leasable area as basement or upper level separately leasable units that might facilitate certain uses not feasible at Aspen’s street-level tenant rates. The application demonstrates compliance and no further evaluation by HPC is needed. There are a number of aspects of this project which will increase streetscape vitality, most notably the extent of outdoor dining. Improvements to accessibility and functional needs such as trash storage are being gained. Out of character alterations to the building, such as some ground floor storefront elements, are being eliminated. A large on-site tree in front of the building is to be removed and will expose the façade in a way that is more typical of the downtown. Staff supports approval of this application, with the condition that the brick remain natural and that the upper floor window replacements match the existing design. Page 4 of 9 RELEVANT COMMERCIAL DESIGN STANDARDS AND GUIDELINES- GENERAL (TOPICS OF CONCERN ARE HIGHLIGHTED): 1.3 Landscape elements (both hardscape and softscape) should complement the surrounding context, support the street scene, and enhance the architecture of the building. • This applies to landscape located both on-site and in the public right-of-way. • High quality and durable materials should be used. • Early in the design process, consider stormwater best management practices as an integral part of the landscape design process. 1.4 Where there is open space on a site, reinforce the traditional transition from public space, to semi-public space to private space. • This may be achieved through a fence, a defined walkway, a front porch element, covered walkway, or landscape. 1.6 When a building facade is set back, define the property line. Review the context of the block when selecting an appropriate technique. Examples include: • A fence which is low in height and mostly transparent so as to maintain openness along the street. • Landscaping, though it may not block views of the architecture or a Pedestrian Amenity space. Hedgerows over 42 inches are prohibited. • Benches or other street furniture. MANDATORY STANDARD 1.1 All projects shall provide a context study. The study should include the relationship to adjacent structures and streets through photographs, streetscape elevations, historic maps, etc. MANDATORY STANDARD 1.14 Commercial entrances shall be at the sidewalk level and oriented to the street. • Finished floor and sidewalk level shall align for at least 1/2 the depth of the ground floor where possible. If significant grade changes exist on property, then the project will be reviewed on a case-by-case basis. • All buildings shall have at least one clearly defined primary entrance facing the front lot line, as defined in the Land Use Code. An entrance located within a chamfered corner is an alternative. (See Commercial Core Historic District). • If a building is located on a corner lot, two entrances shall be provided; a primary entrance facing the longest block length and a secondary entrance facing the shortest block length. MANDATORY STANDARD 1.15 Incorporate an internal airlock or air curtain into first floor commercial space. • An airlock or air curtain shall be integrated into the architecture. • Adding a temporary exterior airlock of any material to an existing building not allowed. Page 5 of 9 1.18 The roofscape should be designed with the same attention as the elevations of the building. • Consolidate mechanical equipment, including solar panels, and screen from view. • Locate mechanical equipment toward the alley, or rear of a building if there is no alley access. • Use varied roof forms or parapet heights to break up the roof plane mass and add visual interest. 1.19 Use materials that complement the design of the building facade. • Minimize the visual impact of elevator shafts and stairway corridors through material selection and placement of elements. 1.24 Introducing a new material, material application, or material finish to the existing streetscape may be approved by HPC or P&Z if the following criteria are met: • Innovative building design. • Creative material application that positively contributes to the streetscape. • Environmentally sustainable building practice. • Proven durability. Lighting, Service, and Mechanical Areas 1.26 The design of light fixtures should be appropriate to the form, materials, scale, and style of the building. MANDATORY STANDARD Materials and Details 1.22 Complete and accurate identification of materials is required. • Provide drawings that identify the palette of materials, specifications for the materials, and location on the proposed building as part of the application. • Physical material samples shall be presented to the review body. An onsite mock-up prior to installation may be required. MANDATORY STANDARD 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non-reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen’s climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. Page 6 of 9 1.28 Design trash and recycle areas thoughtfully and within the style of the building, with the goal of enhancing pedestrian and commercial uses along alleys. 1.34 Consider updating windows, doors, and/or primary entrances to better relate to the Character Area and pedestrian experience. 1.35 Design alterations to relate to the existing building style and form that may remain. 1.36 Incorporate elements that define the property line in accordance with Guideline 1.6. 1.37 Creative solutions that incorporate ADA compliance into the architecture are encouraged. • Minimize the appearance of ramps by exploring other on-site options such as altering interior floor levels or exterior grade. RELEVANT COMMERCIAL DESIGN STANDARDS AND GUIDELINES- COMMERCIAL CORE HISTORIC DISTRICT (GUIDELINES OF CONCERN ARE HIGHLIGHTED): Details and Materials 2.3 Development should be inspired by traditional late 19th-century commercial buildings to reinforce continuity in architectural language within the Historic District. Consider the following design elements: form, materials, and fenestration. Pick two areas to relate strongly to the context. MANDATORY STANDARD Remodel 1.33 All remodel projects shall meet Standards 1.22 and 1.23. MANDATORY STANDARD 1.27 Trash and recycle service areas shall be co-located along an alleyway where one exists, and screened from view with a fence or door. • Screening fences shall be 6 feet high from grade (unless prohibited by the Land Use Code), shall be of sound construction, and shall be no less than 90% opaque, unless otherwise varied based on a recommendation from the Environmental Health Department. MANDATORY STANDARD 1.30 Mechanical equipment, ducts, and vents shall be accommodated internally within the building and/or co-located on the roof. • Screen rooftop mechanical equipment and venting with a low fence or recess behind a parapet wall to minimize visual impacts. Page 7 of 9 • When relating to materials, use traditional application of materials commonly found in the Historic District, such as wood, brick and stone, and use similar texture and color to the historic context. • When relating to fenestration, large vertical windows on the ground level and punched vertical openings on upper levels, with a similar solid to void ratio, are appropriate. • When relating to form, note that rectangular forms are predominant with limited projecting or setback elements. Most roofs are flat, but some gables are present and these may be a reference for new design. 2.14 Architectural details should reinforce historic context and meet at least two of the following qualities. • Color or finish traditionally found downtown. • Texture to create visual interest, especially for larger buildings. • Traditional material: Brick, stone, metal and wood. • Traditional application: for example, a running bond for masonry. RELEVANT COMMERCIAL DESIGN STANDARDS AND GUIDELINES- PEDESTRIAN AMENITY (GUIDELINES OF CONCERN ARE HIGHLIGHTED): MANDATORY STANDARD PA1.5 Street level Pedestrian Amenity areas shall be open to the sky. • Direct access to the Pedestrian Amenity from the street is required. • A street level Pedestrian Amenity space may be covered, subject to HPC or P&Z approval. If the space is covered, the street-facing portion shall be entirely open. MANDATORY STANDARD 2.9 Recessed entries are required. • Set a primary entrance back from the front façade a minimum of 4 feet. • Alternative options that define an entry and reinforce the rhythm of recessed entryways may be considered. • For corner lots, primary entries must face front lot line as determined by the Land Use Code and/or be located in the chamfered corner where applicable. MANDATORY STANDARD 2.10 Secondary recessed entrances are required for buildings on lots larger than 6,000 square feet, and on the secondary street for corner lots. Page 8 of 9 PA1.8 Street level Pedestrian Amenity space should reinforce the property line. Consider the context of the block when selecting an appropriate technique. Examples include: • Overhangs: A cantilevered roof or retractable awning that stretches to the property line. • Fences: A low fence, mostly transparent, that allows views into the Pedestrian Amenity space. • Landscape: Low planter boxes. If including trees, the mature tree canopy size should not prohibit views into the amenity space. Hedgerows over 42 inches are prohibited. • Street Furniture: Permanent, fixed benches or other pedestrian-related elements may be considered to establish property lines. • Surface Material: A change in hardscape material to differientiate between Pedestrian Amenity and right-of-way. PA2.4 Second floor Pedestrian Amenity should be equal to a minimum of 50% of the total Pedestrian Amenity requirement. MANDATORY STANDARD PA2.1 A second floor Pedestrian Amenity shall be in the form of a deck that is visible from, and adjacent to the street. • Railing height shall not be increased above the minimum IBC requirement. • Historic landmark parapets may be exempt, subject to HPC approval. • Railings shall be a minimum of 50% transparent unless located in the Commercial Core Historic District where transparent railings may not be appropriate, given the pattern of decorative cornices capping buildings. MANDATORY STANDARD PA2.3 Second floor amenity shall be accessed directly from the street. • Remodels and historic landmarks may be exempted from this requirement, subject to P&Z or HPC approval. • A separate exterior entrance is preferred. • A public access easement may be requested by the City as part of an approval. Page 9 of 9 MANDATORY STANDARD PA2.5 All second floor Pedestrian Amenity shall be open to the sky. • Small seasonal umbrellas or retractable canopies may be allowed, subject to Planning Staff, HPC or P&Z approval, as long as these features do not cover the entire space and do not obstruct views in from the street. MANDATORY STANDARD PA2.6 Design meaningful space that is useful, versatile and accessible. • Small unusable spaces are inappropriate. • Consider providing space for future outdoor merchandising or restaurant seating opportunities. • Providing good solar access, mountain views, and seating is recommended. MANDATORY STANDARD PA2.7 The Pedestrian Amenity shall be directly connected to a publicly accessible area. • A second floor Pedestrian Amenity in a lodge may be accessible from a restaurant, lobby, or other adjacent public space. • Access to second floor Pedestrian Amenity shall be integrated into the architecture, either through an interior or exterior space. 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM September 13, 2022 Updated December 6, 2022 Aspen Historic Preservation Commission Aspen Community Development Department RE: 500 East Durant Avenue Dear HPC and Community Development Staff: Please accept this application for minor historic preservation review, consolidated commercial design review, exempt growth management review, exempt view plane review, and setback variances for mechanical equipment for the property located at 500 East Durant Avenue, aka 450 South Galena and 516 East Durant Avenue. The property is within the foreground of the Cooper Avenue view plane and the commercial core historic district but is not considered a designated landmark or a “contributing structure” to the historic district. Background The existing building was constructed in about 1974. The building exterior was largely unchanged until an elevator was added in 2005 to access the basement level. Growth management approval was granted in 2005 by the Planning and Zoning Commission via Resolution 16-2005 for the elevator addition. Proposal This application proposes to extend the elevator to access the second floor as the existing elevator only serves the basement level. Exterior and interior remodeling is proposed with a minor increase to net leasable area (nla) and floor area including larger balconies facing Durant Avenue, new windows, and new paint/color scheme. The existing net leasable area is reduced with the proposed project which is exempt from growth management. The project also is exempt from formula use regulations. Mechanical equipment needs to be replaced and Figure 1: Photograph of Galena Street façade with elevator access to basement level. Page 2 of 3 updated to meet current industry standards; however, existing mechanical locations and proposed new mechanical areas do not meet the specified 15-foot setback. Variances for mechanical equipment are requested in order to maintain the character-defining gable roof and to not interfere with the Cooper Avenue view plane. Consolidated HP Minor and Commercial Design Review Minor HP and commercial design review are requested for exterior changes. The prominent overhanging gable roof and character-defining open circulation and balconies are preserved in the remodel project. Proposed changes work with the existing modern chalet building character while updating the color palette, materials, and windows. A retractable awning and permanent awning frame are proposed to protect the outdoor dining facing Durant Avenue. The elevator is reworked and extended to access the second floor. The two balconies facing Durant Avenue are combined into one useable balcony for outdoor dining that will activate the upper floor with the street. The existing ground level outdoor dining remains and continues to add vitality to the streetscape. The main entrance to the restaurant on Durant Avenue is relocated and enclosed in a permanent vestibule, which will remove the unsightly fabric vestibule used by past tenants of the space. Second tier commercial space requirements are met as demonstrated in Exhibit 1.a, and pedestrian amenity requirements are met. The project does not trigger compliance with Chapter 12, Solid Wa ste, of the Municipal Code; however we are working closely with the City and our trash hauler to put all trash, recycle, and the grease tap on property to the best of our abilities. View Plane Review 500 East Durant is somehow in four different view planes: the Wheeler Opera House view plane (midground), the courthouse (midground), the Wagner Park view plane (midground), and the Cooper Avenue view plane (foreground). According to code section 26.435.050.c.1.a, the most restrictive view plane – Cooper Avenue – applies to the property. A view plane exemption is requested for existing venting that is proposed to be replaced within the view plane. The entirety of 500 East Durant is blocked by the designated three-story historic Independence Square Hotel as viewed from the Cooper Avenue view plane origination point (the old Cooper Street Pier bar). Setback Variances Some of the existing mechanical equipment is less than the required 15-foot setback from street facing facades. And an existing vent is located just shy of the 20-foot setback dimensional requirement. Variances for replacement of this equipment, vent and new equipment located on top of the elevator shaft is respectfully requested. Other than the vent, all equipment is fully screened and is not visible from the street. Typically, downtown buildings have a flat roof and locate mechanical equipment behind a screen on the rooftop; however 500 East Durant has a large gable roof indicative of Aspen’s modern chalet style. Preserving a variety of roof forms downtown enhances neighborhood character and is visually interesting. Maintaining the appearance of the prominent gable roof form means that existing mechanical is located behind screens on grade, and on non-street facing balconies. Existing mechanical areas are proposed to remain and equipment will be upgraded, which requires setback variances. A new small mechanical area is proposed behind a parapet on top of the elevator extension. The elevator has a flat roof and can Page 3 of 3 accommodate some hidden mechanical equipment without impacting the gable roof form and without infringing on the view plane; however due to the location of the elevator, the 15-foot setback is not met and a variance is needed. There are very few gable roofs in the downtown core, and this may be one of the only modern chalet style commercial buildings left in Aspen. Our goal is to complete the necessary equipment upgrades utilizing existing locations and the new flat roof on the extended elevator, while preserving the character-defining gable roof and its relationship to the AspenModern buildings within the historic district. We look forward to discussing this remodel project with you – we feel that it successfully meets many city goals including: remodel, rather than replace, an existing commercial building and to maintain Aspen’s eclectic commercial buildings in the downtown core by staying true to the modern chalet style. Please do not hesitate to contact me for a site visit or for additional information that will aid your review. Kind Regards, Sara Adams, AICP BendonAdams, LLC Exhibits 1. Response to Review Criteria a. Commercial Design and HP b. Growth Management Exemption c. View plane Exemption d. Setback variance for mechanical equipment 2. Pre-Application Summary 3. Land Use Application 4. Authorization to Represent 5. Agreement to Pay 6. HOA Form 7. Proof of Ownership a. 450 South Galena Investors LLC b. Marcus Durant Galena LLC c. 500 W Durant Common Area 8. Vicinity Map 9. Mailing List 10. Neighborhood context 11. Drawings, survey, materials 12. Response to referral comments Exhibit 1 Review Criteria Revised 12/6/22 1.a Commercial Design and HP Design Reviews 26.415.060.B.2 The City of Aspen Historic Preservation Design Guidelines, as amended, which are on file with the Community Development Department, will be used in the review of requests of certificates of no negative effect or certificates of appropriateness. Conformance with the applicable guidelines and the common development review procedures set forth in Chapter 26.304 will be necessary for the approval of any proposed work: Response - Please find an analysis of the Commercial Core Historic District Design Standards and Guidelines. Commercial Design Standard Review uses the same design guidelines for the Commercial Core Historic District and the Historic Preservation Design Guidelines. As described below, the project conforms with the Historic Preservation Design Guidelines/Commercial, Lodging and Historic District Design Standards and Guidelines. 26.412.040 Commercial Design Procedures for Review. E. Consolidation of applications and combining of reviews. If a development project includes additional City land use approvals, the Community Development Director may consolidate or modify the review process accordingly, pursuant to Subsection 26.304.060.B of this title. If a proposed development, upon determination of the Community Development Director in consultation with the applicant, is of limited scope, the Director may authorize the application to be subject to a one-step process that combines both conceptual and final design reviews… Response - This application proposes minor exterior changes to the existing building including extending an existing elevator to the second floor, a retractable awning, extending an existing balcony, removing an exterior stair, and upgrades to exterior finishes, windows, streetscape, and mechanical areas. 26.412.060 Review Criteria. An application for commercial design review may be approved, approved with conditions or denied based on conformance with the following criteria: A. Guidelines and Standards 1. The Commercial, Lodging and Historic District Design Standards and Guidelines are met as determined by the appropriate Commission. The Standards and Guidelines include design review criteria that are to be used to determine whether the application is appropriate. 2. All applicable standards in the Commercial, Lodging and Historic District Design Standards and Guidelines shall be met unless granted a variation pursuant to Section 26.412.040.D. 3. Not every guideline will apply to each project, and some balancing of the guidelines must occur on a case-by-case basis. The applicable Commission must: a. determine that a sufficient number of the relevant guidelines are adequately met in order to approve a project proposal. b. weight the applicable guidelines with the practicality of the measure. Exhibit 1 Review Criteria Revised 12/6/22 Commercial Design Standards and Guidelines – General Chapter 1.1 All projects shall provide a context study. • The study should include the relationship to adjacent structures and streets through photographs, streetscape elevations, historic maps, etc. Response – No change to the footprint is proposed. Please refer to the vicinity map for a context study. 1.2 All projects shall respond to the traditional street grid. • A building shall be oriented parallel to the street unless uncharacteristic of the area. Refer to specific chapters for more information. • Buildings on corners shall be parallel to both streets. Response – n/a. 1.3 Landscape elements (both hardscape and softscape) should complement the surrounding context, support the street scene, and enhance the architecture of the building. • This applies to landscape located both on-site and in the public right of way. • High quality and durable materials should be used. • Early in the design process, consider stormwater best management practices as an integral part of the landscape design process. Response – Proposed hardscape promotes outdoor dining which supports the street scene and vitality of the downtown core. A retractable awning, with NO sides, is proposed along Durant Avenue to provide sun protection on this south facing outdoor dining area. Figure 1: Rendering of proposed outdoor dining area. Exhibit 1 Review Criteria Revised 12/6/22 1.4 Where there is open space on a site, reinforce the traditional transition from public space to semi- public space to private space. • This may be achieved through a fence, a defined walkway, a front porch element, covered walkway, or landscape. Response – Grade level open space is defined by low fencing, landscape, and paving materials. The skeleton that supports the retractable awning also defines the outdoor dining area facing Durant Avenue. 1.5 – 1.14 n/a 1.15 Incorporate an internal airlock or air curtain into first floor commercial space. • An airlock or air curtain shall be integrated into the architecture. • Adding a temporary exterior airlock of any material to an existing building is not allowed. Response – A temporary exterior airlock (bottom left) is proposed to be replaced with a permanent vestibule that is integrated into the architecture as part of the relocated entryway (top right and bottom right). 1.16 Entries that are significantly taller or shorter than those seen historically or that conflict with the established scale are highly discouraged. • Transom windows above an entry are a traditional element that may be appropriate in neighborhoods with 19th century commercial buildings. • Entries should reflect the established range of sizes within the context of the block. Analyze surrounding buildings to determine appropriate height for entry doors. Response – The relocated entry door is sized to match existing. 1.17-1.21 – n/a. 1.22 Complete and accurate identification of materials is required. • Provide drawings that identify the palette of materials, specifications for the materials, and location on the proposed building as part of the application. • Physical material samples shall be presented to the review body. An onsite mock-up prior to installation may be required. Figure 4: Existing temporary vestibule and outdoor dining area. Figure 2: proposed interior vestibule. Figure 3: Elevation of proposed vestibule integrated within the existing building. Exhibit 1 Review Criteria Revised 12/6/22 1.23 Building materials shall have these features: • Convey the quality and range of materials found in the current block context or seen historically in the Character Area. • Convey pedestrian scale. • Enhance visual interest through texture, application, and/or dimension. • Be non-reflective. Shiny or glossy materials are not appropriate as a primary material. • Have proven durability and weathering characteristics within Aspen’s climate. • A material with an integral color shall be a neutral color. Some variation is allowed for secondary materials. 1.24 Introducing a new material, material application, or material finish to the existing streetscape may be approved by HPC or P&Z if the following criteria are met: • Innovative building design. • Creative material application that positively contributes to the streetscape. • Environmentally sustainable building practice. • Proven durability. Response – Proposed materials are shown on sheets G1.11 – G1.14. The brick is proposed to be lime washed and blackened for a new look. Red cedarwood is an accent material on both street-facing facades, and as shingles on the roof. Small amounts of metal and board formed concrete are proposed to add texture. All building materials are found throughout the historic district, are durable, and non-reflective. Materials are a neutral color palette and contribute to the streetscape. 1.25 Architecture that reflects corporate branding of the tenant is not permitted. Response – n/a. 1.26 The design of light fixtures should be appropriate to the form, materials, scale and style of the building. Response – A light fixture proposed for the entire building is included in the application and at right. 1.27 - 1.29 – n/a. No change to trash/utility or delivery areas located in the alley. 1.30 Mechanical Equipment, ducts, and vents shall be accommodated internally within the building and/or co-located on the roof. • Screen rooftop mechanical equipment and venting with a low fence or recess behind a parapet wall to minimize visual impacts Response – All mechanical equipment is screened from street view. Vents and ducts are not proposed to change location as part of the remodel. 1.33 All remodel projects shall meet Standards 1.22 and 1.23. Response – please see above. 1.34 Consider updating windows, doors, and/or primary entrances to better relate to the Character Area and pedestrian experience. Response – Windows, doors and entrances are updated to improve pedestrian experience and to create a stronger relationship between the building and surrounding context. Figure 5: proposed light fixture. Exhibit 1 Review Criteria Revised 12/6/22 1.35 Design alterations to relate to the existing building style and form that may remain. Response – The prominent gable roof with deep overhangs, upper level balcony, and large windows spanning into the gable end are maintained in the remodel. 1.36 Incorporate elements that define the property line in accordance with Guideline 1.6. Response – Low fencing, an awning and hardscape define the property line. 1.37 Creative solutions that incorporate ADA compliance into the architecture are encouraged. • Minimize the appearance of ramps by exploring other on-site options such as altering interior floor levels or exterior grade. Response – The existing elevator is extended to the second level to provide access to all levels of the building. Commercial Core Historic District 2.1 Maintain the alignment of facades at the property line. Response – n/a. 2.2 Consider a 45-degree champfer for corner lots where appropriate. Response – n/a. 2.3 Development should be inspired by traditional late 19th-century commercial buildings to reinforce continuity in architectural language within the Historic District. Consider the following design elements: form, materials, and fenestration. Pick two areas to relate strongly to the context. Response – n/a. The building represents Aspen’s post war commercial buildings as a modern chalet. Design elements related to the modern chalet style - like form (prominent gable roof with deep overhangs and balconies), fenestration (windows spanning into gable end) and materials (wood and brick) - are maintained and updated. Relating to 19th century commercial buildings is not appropriate on this property. 2.4 Respect adjacent iconic historic structures. Response – The adjacent Independence Square Hotel is not impacted by the proposed remodel. Figure 6: Proposed material and window renovations in context with adjacent building Exhibit 1 Review Criteria Revised 12/6/22 2.5 The massing and proportions of a new building or addition should respond to the historic context. Response – The proposed elevator extension is subtle and appropriately located on the Galena Street façade that already contains exterior circulation and an elevator. The proportions of the elevator shaft are dictated by building code. Two exterior stair corridors are located on the Galena Street façade. The remodel proposed to remove the stair closest to the corner of Durant Avenue and replace it with a dining area on the second floor. The extended gable roof form and proportion are maintained, just the actual stairway is removed. 2.6 One story buildings on lots larger than 6,000 sf are discouraged. Response –n/a. 2.7 Buildings on lots larger than 6,000 sf should incorporate architectural features that break up the mass. Response –n/a. 2.8 Composition of the façade, including choices related to symmetry and asymmetry, should reflect the close readings of patterns established by the 19th century structures. Figure 7: Galena Street façade. Existing condition (top) and proposed (below). Arrow points to stair corridor proposed to be removed. Exhibit 1 Review Criteria Revised 12/6/22 Response – The composition of the façade is not proposed to significantly change. Windows and materials are upgraded, the elevator extended, and an exterior stair is removed, but the overall composition of the façade remains intact. 2.9 – 2.11 – n/a. 2.12 Maintain an architectural distinction between the street level and upper floors Response – The prominent second floor balcony distinguishes between street level and upper floors and is consistent with modern chalet style in Aspen. 2.13 Street level commercial storefronts should be predominantly glass. Response – The street level storefronts facing Durant Avenue are predominantly glass. 2.14 Architectural details should reinforce historic context and meet at least two of the following qualities. • Color or finish traditionally found downtown. • Texture to create visual interest, especially for larger buildings. • Traditional material: brick, stone, metal and wood. • Traditional application: for example, a running bond for masonry. Response – The primary materials of brick and wood are maintained and updated through finish. New wood, metal and board formed concrete materials are proposed to accent the existing building and add texture and visual interest. The overall color palette is neutral - grey and natural wood tones. Pedestrian Amenity A. Applicability and Requirement. The requirements of this Section shall apply to the development of all commercial lodging and mixed use development within the …CC Zone Districts…This area represents the City’s primary pedestrian-oriented downtown, as well as important mixed use service and lodging neighborhoods. Development in these zone districts consisting of entirely residential uses is exempt from these provisions. Remodel and renovation activities that do not trigger demolition, and which maintain 100% of the existing pedestrian amenity present of the site are exempt from this Section. Changes to pedestrian amenity space as a result of required accessibility or building code compliance are exempt from compliance with the 25% requirement if demolition is not triggered. Response – Pedestrian amenity is currently located on the ground level as outdoor dining and outdoor merchandising along Durant Avenue. There is a significant setback between the property line and the existing building that facilitates ground level amenity space. The proposed remodel continues to use the ground level amenity space as outdoor dining. A retractable awning and fencing are proposed to define the property line and to integrate the amenity space into the building’s architecture. Figure 8: Proposed neutral material palette. Exhibit 1 Review Criteria Revised 12/6/22 New amenity space is proposed on the upper level. Two existing private balconies are proposed to be expanded into one wraparound balcony that will serve as outdoor dining. The balcony is accessed directly from the exterior stairs and elevator on Galena Street. The property is 9,000 sf in size and the pedestrian amenity requirement is 2,250 sf (25%). There is currently 2,642 sf of pedestrian amenity onsite (1,697 sf ground level + 945 sf second floor). Proposed amenity space is 2,257 sf (1,697 sf ground + 560 sf second floor). PA1.1 Maximize solar access to Pedestrian Amenity space on the subject property. Response – Pedestrian amenity is on the south side of the property facing Aspen Mountain and Durant Avenue. PA1.2 Consider all four corners of an intersection when designing street level amenity space on a corner lot. Response – Existing amenity space between the property line and front façade of the existing building is proposed to be remodeled. PA1.3 Street level Pedestrian Amenity spaces should be equal to a minimum of 1/3 of the total Pedestrian Amenity requirement. Response – The property is required to have 2,250 sf of pedestrian amenity space. 1,679 sf of amenity space is located at grade which is 75% of the requirement. PA1.4 Street level Pedestrian Amenity shall be within 18 inches above or below the existing grade of the street or sidewalk which abuts the space. Response – Street level amenity space is flush with the sidewalk. PA1.5 Street level Pedestrian Amenity areas shall be open to the sky. Response – The amenity space is open to the sky. A retractable awning is proposed to protect diners from the sun. Sides are not proposed. The awning skeleton is permanent and integrated into the building design. PA1.6 Design meaningful street level space that is useful, versatile, and accessible. Response – The proposed street level space is useful and meaningful and is proposed to be used as outdoor dining which activates the streetscape without duplicating existing open space. PA1.7 Design amenity space that enhances the pedestrian experience and faces the street. Response – The existing amenity space faces the primary street. PA1.8 Street level Pedestrian Amenity space should reinforce the property line. Consider the context of the block when selecting an appropriate technique. Examples include: • Overhangs: A cantilevered roof or retractable awning that stretches to the property line. • Fences: A low fence, mostly transparent, that allows views into the Pedestrian Amenity space. • Landscape: Low planter boxes. If including trees, the mature tree canopy size should not prohibit views into the amenity space. Hedgerows over 42 inches are prohibited. • Street Furniture: Permanent, fixed benches or other pedestrian-related elements may be considered to establish property lines. • Surface Material: A change in hardscape material to differentiate between Pedestrian Amenity and right-of-way. Response – A retractable awning and low fence are proposed to define the property line. Exhibit 1 Review Criteria Revised 12/6/22 PA1.9 Street level Pedestrian Amenity may be appropriate on a case by case basis within the Commercial Core Historic District. Response – The street level amenity space already exists and works well on this property. PA1.10 – 1.11 – n/a. PA2.1 A second floor Pedestrian Amenity shall be in the form of a deck that is visible from and adjacent to the street. Response – The proposed second floor amenity space is a deck facing Durant Avenue. The proposed railing is horizontal wood with space between the slats. PA2.2 Pedestrian Amenity is highly discouraged on the roof of the second floor. Response – n/a. PA2.3 Second floor amenity shall be accessed directly from the street. Response –This is an existing building remodel project that already has access to the upper floor deck via the exterior stair and elevator on Galena Street. PA2.4 Second floor Pedestrian Amenity should be equal to a minimum of 50% of the total Pedestrian Amenity requirement. Response – The amenity space is combined with the street level amenity space to almost meet the overall 25% requirement for the property. PA2.5 All second floor Pedestrian Amenity shall be open to the sky. Response – The amenity space is open to the sky except for the existing deep overhang of the gable roof. This is a character-defining feature of the modern chalet style that is proposed to remain. PA2.6 Design meaningful space that is useful, versatile and accessible. Response – The space is proposed to be outdoor dining for the second floor restaurant. The area faces south with views of Aspen Mountain. PA2.7 The Pedestrian Amenity shall be directly connected to a publicly accessible area. Response – Access to the amenity space is either through the restaurant or from the upper level deck facing Galena Street. PA2.8 Design wayfinding to the second floor amenity into the architecture. Response – Wayfinding to the amenity space will be within the restaurant. Exhibit 1 Review Criteria Revised 12/6/22 Second Tier Commercial Space A. Applicability. 1. Development or redevelopment. This section applies to all new development and redevelopment in the CC…districts. Proposals that are 100% lodge projects shall be exempted from this requirement. Remodel and renovation activities that do not trigger demolition, and which maintain 100% of the existing second tier space present on the site are exempt from this Section. Changes to second tier space as a result of required accessibility or building code compliance are exempt from compliance with the section if demolition is not triggered. Response – The proposed project meets the second tier commercial space requirement through the Belly Up space in the basement level. Calculations are below: Table 1: Existing Conditions Net Leasable Area (square feet) Category Basement Level 5,595 sf Tier II Ground Floor 5,136 sf Prime Second Floor 3,282 sf Tier II Total Second Tier 8,877 sf Required Second Tier – 50% of existing second tier space 4,438.5 sf Table 2: Proposed Conditions Net Leasable Area Category Basement Level 5,595 sf Tier II Ground Floor 3,960 sf (T-shirt shop and Restaurant 1) Prime 248 (Restaurant 2 access) Prime Second Floor 2,520 sf (Restaurant 2 + balcony dining)1 Prime 1,055 sf (Office/Commercial) Tier II Mezzanine 332 sf (Office/Commercial) Tier II Total Second Tier 6,982 sf Required Second Tier 4,438.5.5 sf The basement level meets the second tier requirements and is the proposed second tier space for the project. Restaurant 1 and Restaurant 2 use a shared kitchen and a dumbwaiter connect the spaces which qualifies the restaurant on the upper level as prime space even though it has separate access from Galena Street via an internal staircase and the common elevator. Offices are located on the second level and mezzanine level with a common restroom and access from the exterior stairs from Galena Street and common elevator from Galena Street. 1 2,268 sf restaurant 2 + 252 sf dining on enclosed balcony = 2,520 sf. Exhibit 1 Review Criteria Revised 12/6/22 1.b 26.470 Growth Management 26. Sec. 26.470.070. Exempt development. The following types of development shall be exempt from the provisions of this Chapter. Development exempt from growth management shall not be considered exempt from other chapters of the Land Use Code. Where applicable, exemptions are cumulative. (e) Remodeling of existing commercial development. Remodeling of existing commercial buildings and portions thereof shall be exempt from the provisions of growth management, provided that demolition is not triggered, no additional net leasable square footage is created, and there is no change in use. If redevelopment involves an expansion of net leasable square footage, the replacement of existing net leasable square footage shall not require growth management allotments and shall be exempt from providing affordable housing mitigation only if that space previously mitigated. Existing, prior to demolition, net leasable square footage and lodge units shall be documented by the City Zoning Officer prior to demolition. Also see definitions of demolition and net leasable commercial space, Section 26.104.100. If Demolition is triggered not due to remodel activity but is determined by the Community Development Director to be required for Normal Maintenance as defined in Title 26 (see definition in Section 26.104.100) or to rectify life safety issues, such as replacing a failing roof or mold removal, the square footage impacted by the work shall be exempt from this Section. This provision shall not be allowed to increase the height, floor area, net livable area or net leasable area of a building beyond what is the minimum necessary required to comply with the Building Code. Response – The proposed remodel does not increase net leasable area and does not trigger demolition, calculations are provided below and in Exhibit 11 of the application. Net leasable area is reduced through the conversion of existing tenant space to common corridors and common restrooms accessible that serve all tenants and bring the building into Code compliance. The building remains 100% commercial – no change in use pursuant to the GMQS use categories is proposed. Table 3: Floor Area and Net Leasable Existing Proposed Difference Net Leasable 14,013 sf 13,710 sf -303 sf Floor Area 9,996 sf 10,580 sf +584 sf Exhibit 1 Review Criteria Revised 12/6/22 1.C 26.435.050 – Mountain view plane review (c) Applicability. (1) General. This Section designates seven (7) view planes to regulate the height, mass and design of structures to preserve mountain views, as seen from designated reference points. This Section applies to all development located within the established mountain view planes, unless exempted pursuant to Subsection 26.435.050(d). In addition, the following shall apply: a. If a development falls within more than one view plane, the more restrictive of the applicable view planes shall apply. b. If at least fifty percent (50%) of the gross lot area of a parcel falls within a view plane and the balance falls outside of a view plane, then the view plane standards apply to development on the entire parcel. If less than fifty percent (50%) of the gross lot area of a parcel falls within a view plane, then only that portion of the lot within the view plane is subject to the standards in this Section. c. This Section shall not limit the ability of development to occur below a view plane. If development on a property is within the lateral extent of a view plane but does not infringe into the view plane, then that development is not subject to the requirements of this Section. Response – All new additions including the elevator shaft and enlarged balcony are located below the Cooper Street view plane as demonstrated on sheets HPC4.1 – 4.4. Features above the view plane are addressed below. (d) Exemptions. The following development activities on properties located in the mid- and background of a view plane are exempt from the provisions of this Section and may proceed directly to zoning compliance check and building permit review, where the applicant shall demonstrate the improvement meets the following review criteria. (2) Attached Building Features. a. Attached building features, including those features listed in Section 26.575.020(f)(4), Allowed Exceptions to Height Limitations, and mechanical equipment or building appurtenances (including but not limited to a satellite dish, HVAC equipment, stairwell enclosure, elevator shaft, ventilation equipment, or skylights) that are added to an existing building are exempt only with the following setbacks and when the height of the feature complies with Section 26.575.020(f)(4), Allowed Exceptions to Height Limitations. Response - Mechanical equipment replacements and new equipment are located below the view plane; however, the equipment on top of the elevator shaft does not meet the 15-foot setback requirement. Existing grease vents on both the east and west elevations are within the view plane and need to be replaced. Vents and mechanical above the view plane toward the rear of the building meet the required setbacks for an exemption. The vent shown in yellow below along Galena Street exists and cannot be relocated to meet the 20-foot setback requirement. The Galena Street vent is outside the actual Cooper Street view plane; however more than 50% of the property is encompassed by the Cooper Street view plane. Exhibit 1 Review Criteria Revised 12/6/22 The vent almost qualifies for a mechanical exemption, but it is just shy of the required 20 feet setback from Galena Street (see diagram at right). Figure 9: Roof plan with Cooper Avenue view plane shown in green. Vent in question is highlighted in yellow. Dotted lines illustrate the 15’ and 20’ setbacks for mechanical and venting respectively. Figure 10: View of 500 East Durant from view plane origin. Historic landmark blocks the entire view of the existing building. Figure 11: West elevation showing vent and mechanical area on top of proposed elevator shaft (existing top and proposed bottom) Exhibit 1 Review Criteria Revised 12/6/22 b. All mechanical and ventilation equipment, including the replacement of existing equipment, located within a view plane shall require a mechanical permit, be installed to the minimum height required per manufacturer standards, and shall not be visible from the reference point and from the street level. Response - The historic three-story Independence Square Hotel completely blocks the subject project from the reference point (see photo at right, subject property is not visible). e) Administrative Review. An addition to a structure or an attached building feature that does not meet the criteria in Subsections (1) and (2) above may be approved by the Community Development Director through Administrative Review if: (1) The Infringement is erected only to the minimum height needed to accomplish the purpose for which it serves and the height and setbacks comply with the standards of Section 26.575.020, the dimensional requirements of Chapter 26.710, and the Design Guidelines and Standards in Chapter 26.412, Commercial Design Review or 26.415, Historic Preservation, as applicable; or Response- We respectfully request an administrative review and approval of the proposed vent that extends into the view plane and does not meet the 20-foot setback requirement to be exempt. (2) The Infringement cannot be seen with the naked eye from the reference point as demonstrated by a visual resource analysis. Figure 12: East elevation showing view plane and venting/mechanical (existing top and proposed bottom). Exhibit 1 Review Criteria Revised 12/6/22 Response – As shown above, the historic three-story Independence Square Hotel completely blocks the subject project from the reference point. 1.D 26.314.040 – Standards applicable to variances (a)In order to authorize a variance from the dimensional requirements of Title 26, the appropriate decision-making body shall make a finding that the following three (3) circumstances exist: (1) The grant of variance will be generally consistent with the purposes, goals, objectives and policies of this Title and the Municipal Code; and Response- Setback variances to allow mechanical equipment within 15 feet of the building façade and a vent within 20 feet of the building façade is consistent with the goals of the commercial core historic district and the commercial design standards. Both documents support and encourage a variety of roof forms downtown to add visual interest to the built environment. The proposed locations of mechanical equipment and a replacement vent facilitate the preservation of a prominent gable roof form that represents Aspen’s architecturally recognized modern chalet style. Upgraded mechanical equipment is more energy efficient and environmentally sustainable than the existing older equipment, which aligns with the city’s environmental initiatives. (2) The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and Response – The grant of variance is the minimum needed to facilitate installation of upgraded mechanical equipment and venting for tenants. Tenants cannot occupy the building without the proper venting and mechanical equipment as required by building codes. (3) Literal interpretation and enforcement of the terms and provisions of this Title would deprive the applicant of rights commonly enjoyed by other parcels in the same zone district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply: a. There are special conditions and circumstances which are unique to the parcel, building or structure, which are not applicable to other parcels, structures or buildings in the same zone district and which do not result from the actions of the applicant; or b. Granting the variance will not confer upon the applicant any special privilege denied by the terms of this Title and the Municipal Code to other parcels, buildings or structures, in the same zone district. Response – The existing building has a gable roof (not a flat roof) which is rare for a commercial building in Aspen. The gable roof creates a special condition where rooftop mechanical is impossible to screen. In addition to the gable roof, the property is impeded by the Cooper Avenue view plane which pushes mechanical equipment locations toward Durant Avenue. CITY OF ASPEN PRE-APPLICATION CONFERENCE SUMMARY PLANNER: Natalie Feinberg Lopez, natalie.feinberglopez@aspen.gov DATE: July 28, 2022 LOCATION: 450 S. Galena Street REQUEST: HPC Minor Development, View Plane Exemption, Growth Management REPRESENTATIVE: Sara Adams, sara@bendonadams.com DESCRIPTION: 450 S. Galena is located in the downtown Commercial Core (CC) Historic District, though the property itself is not historically significant. A number of changes to at least one commercial space in the building, Belly Up, are contemplated including the addition of an interior elevator, an interior remodel, changes in windows like for like, new exterior finishes, new mechanical equipment at grade and on the roof, an expansion to a balcony and enclosure of area below it, and an outdoor dining area. Land Use review processes needed may include Commercial Design Review (including Pedestrian Amenity and Second Tier), Growth Management for any increase in net leasable, and View Plane as the property falls within three viewplanes; the Cooper Avenue viewplane seeming to be the most restrictive (survey clarification is needed). The exterior scope appears limited enough to combine all reviews (including consolidation of Conceptual and Final Commercial Design Review) into one step. Staff will evaluate the project and make a recommendation to HPC, and HPC will make a decision to approve, approve with conditions, or deny the proposal. Following approval, if granted, staff will inform City Council of the Historic Preservation Commission’s decision, allowing them the opportunity to uphold HPC’s decision or to “call up” any aspects of the approval that they find require additional discussion. This is a standard practice for Commercial Design Review. RELEVANT LAND USE CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.412 Commercial Design Review 26.412.040.E Consolidation of Applications and Combining Reviews 26.412.040.F Appeals, Notice of Approval and Call-up 26.412.060.A Commercial Design Guidelines and Standards 26.412.070.B Pedestrian Amenity 26.412.080 Second Tier Commercial Space 26.415.070.D Historic Preservation Commission - Minor Development 26.435.050 Mountain View Plane Review 26.470.090.C Administrative GMQS review for net leasable expansion, if qualified 26.470.100.E Expansion of new commercial development, if not Administrative 26.575.020 Calculations and Measurements 26.710.140 Commercial Core (CC) Below are links to relevant documents and a list of information needed to submit an application. For your convenience – links to the Design Guidelines and Land Use Code are below. Commercial Design Guidelines and Standards Historic Preservation Land Use Application Packet Review by: Staff for completeness and recommendation HPC for decision Public Hearing: Yes. Neighborhood Outreach: No. Referrals: Staff will seek referral comments from the Building Department (no fee), Zoning (no fee) and Engineering regarding any relevant code requirements or considerations. Planning Fees: $1,300 for 4 billable hours of staff time. (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) Referral Agencies Fee: Engineering, a deposit of $325 per hour. Total Deposit: $1,625 APPLICATION CHECKLIST: Below is a list of submittal requirements. Please email the application as one pdf to Natalie.feinberglopez@aspen.gov for an initial determination of completeness. □ Completed Land Use Application and signed Fee Agreement □ Pre-application Conference Summary (this document) □ Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application □ Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant □ HOA Compliance form □ List of adjacent property owners within 300’ for public hearing □ An 8 1/2” by 11” vicinity map locating the parcel within the City of Aspen □ Site improvement survey including topography and vegetation showing the current status, certified by a registered land surveyor, licensed in the state of Colorado. The survey must also indicate all applicable view planes across the property, indicating Foreground or Background. □ A written description of the proposal and an explanation of how the proposed development complies with the relevant review standards and design guidelines □ A site plan and scaled drawings of all proposed structures or additions depicting their form, including their height, massing, scale, proportions and roof plan; and the primary features of all elevations □ An accurate representation of all exterior building materials to be used in construction represented by samples and/or photographs □ Visual depiction of the proposed exterior changes in the context of the overall block. □ Scaled drawings depicting any intrusion into a viewplane and photographic assessments of the impact on the viewplane □ Existing and proposed Pedestrian Amenity calculations □ Existing and proposed Second Tier space calculations □ Existing and proposed floor area and net leasable calculations Once the copy is deemed complete by staff, the application fee will be requested. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT City of Aspen|130 S. Galena St.|(970) 920 5090 April 2020 LAND USE APPLICATION APPLICANT: REPRESENTIVATIVE: Description: Existing and Proposed Conditions Review: Administrative or Board Review Net Leasable square footage Lodge Pillows Free Market dwelling units Affordable Housing dwelling units Essential Public Facility square footage Have you included the following? FEES DUE: $ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Name: Address: Phone#: email: Address: Phone #: email: Name: Project Name and Address: Parcel ID # (REQUIRED) BendonAdams 300 South Spring Street, Suite 202, Aspen CO 81611 970.925.2855 Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: x xx x 273718222007, 273718222008, 273718222800 500 E. Durant Ave/516 East Durant Ave/450 S. Galena St, Aspen, CO 81611 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM September 7, 2022 Amy Simon Planning Director City of Aspen 130 So. Galena St. Aspen, Colorado 81611 RE: 500 E. Durant Avenue, Unit 1 Ms. Simon: Please accept this letter authorizing BendonAdams LLC to represent our ownership interests in 500 E. Durant Avenue and act on our behalf on matters reasonably associated in securing land use approvals for the property. If there are any questions about the foregoing or if I can assist, please do not hesitate to contact me. Property – 500 E. Durant Ave., Aspen, CO 81611 Legal Description – Subdivision: Durant Galena Units1 Parcel ID – 2737-182-22-008 Owner – Marcus Durant Galena LLC Kind Regards, James Marcus Marcus Durant Galena LLC PO Box 1709 Aspen, CO 81611 Exhibit 4 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT April 2020 City of Aspen|130 S. Galena St.|(970) 920 5090 Homeowner Association Compliance Policy All land use applications within the City of Aspen are required to include a Homeowner Association Compliance Form (this form) certifying the scope of work included in the land use application complies with all applicable covenants and homeowner association policies. The certification must be signed by the property owner or Attorney representing the property owner. Property Owner (“I”): Name: Email: Phone No.: Address of Property: (subject of application) I certify as follows: (pick one) □This property is not subject to a homeowners association or other form of private covenant. □This property is subject to a homeowners association or private covenant and the improvements proposed in this land use application do not require approval by the homeowners association or covenant beneficiary. □This property is subject to a homeowners association or private covenant and the improvementsproposed in this land use application have been approved by the homeowners association or covenant beneficiary. I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the applicability, meaning or effect of private covenants or homeowner association rules or bylaws. I understand that this document is a public document. Owner signature: date: Owner printed name: or, Attorney signature: date: Attorney printed name: 500 E Durant Aspen, CO 81611 Marcus Durant Galena LLC Exhibit 6 September 12, 2022 James Marcus Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:ABS62014126 Date: 03/29/2022 Property Address:500 E DURANT AVE # 2, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance George Rietsch 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 850-4151 (Work) grietsch@ltgc.com Agent for Buyer BENDONADAMS Attention: ERIN WACKERLE 300 S SPRING STREET SUITE 202 ASPEN, CO 81611 (406) 531-0806 (Cell) (970) 925-2855 (Work) erin@bendonadams.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:ABS62014126 Date: 03/29/2022 Property Address:500 E DURANT AVE # 2, ASPEN, CO 81611 Parties:A BUYER TO BE DETERMINED 450 SOUTH GALENA STREET INVESTORS, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 04/03/2006 under reception no. 522534 Plat Map(s): Pitkin county recorded 05/05/1977 under reception no. 194159 Copyright 2006-2022 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 500 E DURANT AVE # 2, ASPEN, CO 81611 1.Effective Date: 03/18/2022 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: 450 SOUTH GALENA STREET INVESTORS, LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: UNIT 2, THE DURANT GALENA CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 UNDER RECEPTION NO. 194159, IN PLAT BOOK 5 AT PAGE 85 AND 86, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 IN BOOK 328 AT PAGE 348, COUNTY OF PITKIN, STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS62014126 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS62014126 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.EXISTING LEASES AND TENANCIES, IF ANY. NOTE: UPON RECEIPT OF AN AFFIDAVIT FROM OWNER STATING THAT THE ONLY LEASE AND TENANCY ON THE PROPERTY IS WITH BELLY UP ASPEN, LLC, THE ABOVE EXCEPTION WILL BE AMENDED TO READ: RIGHTS OF TENANT AS TENANT ONLY PURSUANT TO AN UNRECORDED LEASE DATED APRIL 3, 2006 BETWEEN 450 SOUTH GALENA STREET INVESTORS, LLC AND BELLY UP ASPEN, LLC 9.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED SEPTEMBER 8, 1885 IN BOOK 23 AT PAGE 237, RECORDED JANUARY 3, 1888 IN BOOK 59 AT PAGE 235, RECORDED FEBRUARY 9, 1888 IN BOOK 59 AT PAGE 347, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN MINERAL DEEDS RECORDED JUNE 15, 1891 IN BOOK 98 AT PAGE 536, RECORDED JUNE 10, 1891 IN BOOK 98 AT PAGE 494, RECORDED JUNE 10, 1891 IN BOOK 98 AT PAGE 491, AND RECORDED JUNE 20, 1891 IN BOOK 98 AT PAGE 551, RECORDED SEPTEMBER 4, 1891 IN BOOK 105 AT PAGE 129, RECORDED OCTOBER 23, 1891 IN BOOK 105 AT PAGE 216, RECORDED DECEMBER 29, 1892 IN BOOK 106 AT PAGE 482, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014126 11.ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE ASPEN SANITATION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED FEBRUARY 09, 1951, IN BOOK 175 AT PAGE 472. 12.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF HISTORIC DESIGNATION RECORDED JANUARY 13, 1975 IN BOOK 295 AT PAGE 515. 13.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF MAILING OF DECLARATION OF INTENTION TO ESTABLISH PEDESTRIAN MALL RECORDED DECEMBER 15, 1975 IN BOOK 306 AT PAGE 665. 14.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION RECORDED MAY 05, 1977 IN BOOK 328 AT PAGE 346. 15.CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUMS, WHICH DOES NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED MAY 05, 1977, IN BOOK 328 AT PAGE 348. NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL. 16.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF THE DURANT GALENA CONDOMINIUM RECORDED MAY 05, 1977 UNDER RECEPTION NO. 194159. 17.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN OVERDIG AND EASEMENT AGREEMENT RECORDED MAY 11, 1981 IN BOOK 408 AT PAGE 216, AND RE-RECORDED JANUARY 29, 1982 IN BOOK 420 AT PAGE 579, AS EXPANDED BY ACCESS AND EASEMENT AGREEMENT RECORDED NOVEMBER 28, 2007 UNDER RECEPTION NO. 544450. 18.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION #20, SERIES OF 1999, APPROVING AN APPLICATION FOR MINOR DEVELOPMENT RECORDED DECEMBER 16, 1999 UNDER RECEPTION NO. 438634. 19.TERMS, CONDITIONS AND PROVISIONS OF GRANT OF EASEMENT RECORDED SEPTEMBER 26, 2012 UNDER RECEPTION NO. 592567. 20.EASEMENTS AND NOTES ON THE PLAT OF IMPROVEMENT SURVEY PLAT RECORDED JANUARY 27, 2022 UNDER RECEPTION NO. 684644. 21.DEED OF TRUST DATED APRIL 22, 2013, FROM 450 S. GALENA STREET INVESTORS LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY, COLORADO FOR THE USE OF ANB BANK TO SECURE THE SUM OF $1,875,000.00 RECORDED APRIL 23, 2013, UNDER RECEPTION NO. 598916. SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED APRIL 29, 2013, UNDER RECEPTION NO. 599072. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014126 22.FINANCING STATEMENT WITH, ANB BANK THE SECURED PARTY, RECORDED APRIL 23, 2013 UNDER RECEPTION NO. 598917 AND UCC CONTINUATION RECORDED NOVEMBER 20, 2017 UNDER RECEPTION NO. 643262. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014126 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:ABS62014125 Date: 03/29/2022 Property Address:500 E DURANT AVE # 1, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance George Rietsch 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 850-4151 (Work) grietsch@ltgc.com Agent for Buyer BENDONADAMS Attention: ERIN WACKERLE 300 S SPRING STREET SUITE 202 ASPEN, CO 81611 (406) 531-0806 (Cell) (970) 925-2855 (Work) erin@bendonadams.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:ABS62014125 Date: 03/29/2022 Property Address:500 E DURANT AVE # 1, ASPEN, CO 81611 Parties:A BUYER TO BE DETERMINED MARCUS DURANT GALENA, LLC, A COLORADO LIMITED LIABILITY COMPANY Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 09/24/2003 under reception no. 488790 Pitkin county recorded 09/24/2003 under reception no. 488789 Plat Map(s): Pitkin county recorded 05/05/1977 under reception no. 194159 at book 5 page 85 Copyright 2006-2022 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 500 E DURANT AVE # 1, ASPEN, CO 81611 1.Effective Date: 03/18/2022 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: MARCUS DURANT GALENA, LLC, A COLORADO LIMITED LIABILITY COMPANY 5.The Land referred to in this Commitment is described as follows: UNIT 1, THE DURANT GALENA CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 UNDER RECEPTION NO. 194159, IN PLAT BOOK 5 AT PAGE 85, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 IN BOOK 328 AT PAGE 348, COUNTY OF PITKIN, STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS62014125 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS62014125 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.EXISTING LEASES AND TENANCIES. 9.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED DECEMBER 18, 1884 IN BOOK 23 AT PAGE 70, RECORDED FEBRUARY 13, 1885 IN BOOK 23 AT PAGE 141, RECORDED SEPTEMBER 8, 1885 IN BOOK 23 AT PAGE 237, RECORDED JANUARY 3, 1888 IN BOOK 59 AT PAGE 235, RECORDED FEBRUARY 9, 1888 IN BOOK 59 AT PAGE 347, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN MINERAL DEEDS RECORDED JUNE 15, 1891 IN BOOK 98 AT PAGE 536, RECORDED JUNE 10, 1891 IN BOOK 98 AT PAGE 494, RECORDED JUNE 10, 1891 IN BOOK 98 AT PAGE 491, AND RECORDED JUNE 20, 1891 IN BOOK 98 AT PAGE 551, RECORDED SEPTEMBER 4, 1891 IN BOOK 105 AT PAGE 129, RECORDED OCTOBER 23, 1891 IN BOOK 105 AT PAGE 216, RECORDED DECEMBER 29, 1892 IN BOOK 106 AT PAGE 482, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN 11.ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE ASPEN SANITATION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED FEBRUARY 09, 1951, IN BOOK 175 AT PAGE 472. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014125 12.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LEASE AGREEMENT RECORDED JUNE 19, 1974 IN BOOK 288 AT PAGE 494. 13.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF HISTORIC DESIGNATION RECORDED JANUARY 13, 1975 IN BOOK 295 AT PAGE 515. 14.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF MAILING OF DECLARATION OF INTENTION TO ESTABLISH PEDESTRIAN MALL RECORDED DECEMBER 15, 1975 IN BOOK 306 AT PAGE 665. 15.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION RECORDED MAY 05, 1977 IN BOOK 328 AT PAGE 346. 16.CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUMS, WHICH DOES NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED MAY 05, 1977, IN BOOK 328 AT PAGE 348. NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL. 17.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF THE DURANT GALENA CONDOMINIUM RECORDED MAY 05, 1977 UNDER RECEPTION NO. 194159. 18.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN OVERDIG AND EASEMENT AGREEMENT RECORDED MAY 11, 1981 IN BOOK 408 AT PAGE 216, AND RE-RECORDED JANUARY 29, 1982 IN BOOK 420 AT PAGE 579, AS EXPANDED BY ACCESS AND EASEMENT AGREEMENT RECORDED NOVEMBER 28, 2007 UNDER RECEPTION NO. 544450. 19.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION #20, SERIES OF 1999, APPROVING AN APPLICATION FOR MINOR DEVELOPMENT RECORDED DECEMBER 16, 1999 UNDER RECEPTION NO. 438634. 20.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION #54, SERIES 1999, APPROVING AN APPLICATION FOR MINOR DEVELOPMENT TO REMODEL A STOREFRONT RECORDED DECEMBER 16, 1999 UNDER RECEPTION NO. 438639. 21.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT RECORDED SEPTEMBER 26, 2012 UNDER RECEPTION NO. 592567. 22.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF IMPROVEMENT SURVEY PLAT RECORDED JANUARY 27, 2022 UNDER RECEPTION NO. 684644. 23.DEED OF TRUST DATED FEBRUARY 05, 2021, FROM MARCUS DURANT GALENA, LLC, A COLORADO LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF PITKIN COUNTY, COLORADO FOR THE USE OF ALPINE BANK, A COLORADO BANKING CORPORATION TO SECURE THE SUM OF $6,000,000.00 RECORDED FEBRUARY 18, 2021, UNDER RECEPTION NO. 673692. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014125 SAID DEED OF TRUST WAS FURTHER SECURED IN ASSIGNMENT OF RENTS RECORDED FEBRUARY 18, 2021, UNDER RECEPTION NO. 673693. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014125 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:ABS62014127 Date: 03/29/2022 Property Address:500 E DURANT AVE COMMON AREA, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance George Rietsch 5975 GREENWOOD PLAZA BLVD GREENWOOD VILLAGE, CO 80111 (303) 850-4151 (Work) grietsch@ltgc.com Agent for Buyer BENDONADAMS Attention: ERIN WACKERLE 300 S SPRING STREET SUITE 202 ASPEN, CO 81611 (406) 531-0806 (Cell) (970) 925-2855 (Work) erin@bendonadams.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:ABS62014127 Date: 03/29/2022 Property Address:500 E DURANT AVE COMMON AREA, ASPEN, CO 81611 Parties:A BUYER TO BE DETERMINED ALL THE VESTED OWNERS OF THE DURANT GALENA CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 UNDER RECEPTION NO. 194159, IN PLAT BOOK 5 AT PAGE 85, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 IN BOOK 328 AT PAGE 348, COUNTY OF PITKIN, STATE OF COLORADO Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $217.00 Total $217.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 05/05/1977 under reception no. 194159 Plat Map(s): Pitkin county recorded 05/05/1977 at book 5 page 85 Copyright 2006-2022 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 500 E DURANT AVE COMMON AREA, ASPEN, CO 81611 1.Effective Date: 03/18/2022 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: A BUYER TO BE DETERMINED $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: ALL THE VESTED OWNERS OF THE DURANT GALENA CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 UNDER RECEPTION NO. 194159, IN PLAT BOOK 5 AT PAGE 85, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 IN BOOK 328 AT PAGE 348, COUNTY OF PITKIN, STATE OF COLORADO 5.The Land referred to in this Commitment is described as follows: ALL THE LIMITED COMMON AREA, GENERAL COMMON AREAS, THE DURANT GALENA CONDOMINIUM, ACCORDING TO THE CONDOMINIUM MAP FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 UNDER RECEPTION NO. 194159, IN PLAT BOOK 5 AT PAGE 85, AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUM RECORDED MAY 5, 1977 IN BOOK 328 AT PAGE 348, COUNTY OF PITKIN, STATE OF COLORADO ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:ABS62014127 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: ABS62014127 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.EXISTING LEASES AND TENANCIES. 9.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEEDS FROM THE CITY OF ASPEN RECORDED DECEMBER 18, 1884 IN BOOK 23 AT PAGE 70, RECORDED FEBRUARY 13, 1885 IN BOOK 23 AT PAGE 141, RECORDED SEPTEMBER 8, 1885 IN BOOK 23 AT PAGE 237, RECORDED JANUARY 3, 1888 IN BOOK 59 AT PAGE 235, RECORDED FEBRUARY 9, 1888 IN BOOK 59 AT PAGE 347, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN MINERAL DEEDS RECORDED JUNE 15, 1891 IN BOOK 98 AT PAGE 536, RECORDED JUNE 10, 1891 IN BOOK 98 AT PAGE 494, RECORDED JUNE 10, 1891 IN BOOK 98 AT PAGE 491, AND RECORDED JUNE 20, 1891 IN BOOK 98 AT PAGE 551, RECORDED SEPTEMBER 4, 1891 IN BOOK 105 AT PAGE 129, RECORDED OCTOBER 23, 1891 IN BOOK 105 AT PAGE 216, RECORDED DECEMBER 29, 1892 IN BOOK 106 AT PAGE 482, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN 11.ANY TAX, LIEN, FEE, OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE ASPEN SANITATION DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDED FEBRUARY 09, 1951, IN BOOK 175 AT PAGE 472. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014127 12.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN LEASE AGREEMENT RECORDED JUNE 19, 1974 IN BOOK 288 AT PAGE 494. 13.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF HISTORIC DESIGNATION RECORDED JANUARY 13, 1975 IN BOOK 295 AT PAGE 515. 14.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN NOTICE OF MAILING OF DECLARATION OF INTENTION TO ESTABLISH PEDESTRIAN MALL RECORDED DECEMBER 15, 1975 IN BOOK 306 AT PAGE 665. 15.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN STATEMENT OF EXEMPTION FROM THE DEFINITION OF SUBDIVISION RECORDED MAY 05, 1977 IN BOOK 328 AT PAGE 346. 16.CONDOMINIUM DECLARATION FOR THE DURANT GALENA CONDOMINIUMS, WHICH DOES NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN INSTRUMENT RECORDED MAY 05, 1977, IN BOOK 328 AT PAGE 348. NOTE: SAID DECLARATION CONTAINS A RIGHT OF FIRST REFUSAL. 17.EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF THE DURANT GALENA CONDOMINIUM RECORDED MAY 05, 1977 UNDER RECEPTION NO. 194159. 18.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN OVERDIG AND EASEMENT AGREEMENT RECORDED MAY 11, 1981 IN BOOK 408 AT PAGE 216, AND RE-RECORDED JANUARY 29, 1982 IN BOOK 420 AT PAGE 579, AS EXPANDED BY ACCESS AND EASEMENT AGREEMENT RECORDED NOVEMBER 28, 2007 UNDER RECEPTION NO. 544450. 19.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION #20, SERIES OF 1999, APPROVING AN APPLICATION FOR MINOR DEVELOPMENT RECORDED DECEMBER 16, 1999 UNDER RECEPTION NO. 438634. 20.TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN RESOLUTION #54, SERIES 1999, APPROVING AN APPLICATION FOR MINOR DEVELOPMENT TO REMODEL A STOREFRONT RECORDED DECEMBER 16, 1999 UNDER RECEPTION NO. 438639. 21.TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET FORTH AND GRANTED IN EASEMENT RECORDED SEPTEMBER 26, 2012 UNDER RECEPTION NO. 592567. 22.EASEMENTS AND NOTES ON THE PLAT OF IMPROVEMENT SURVEY PLAT RECORDED JANUARY 27, 2022 UNDER RECEPTION NO. 684644. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: ABS62014127 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) 534 534534 534534 601 601 625 625 625 535 535 535 535535 535 535 508 520520 520520 520520520520520520 520520 520520520 520520520520 630 630 630 535 505302 312 308 601 534 521 517 617 617 617 630 630 617 617 617 531531 531 531 531 531 555 555 555 555 555555555555 555555555555555 555555555555 555555555555555 630 630 630 630 630 617617617617617617617617617617617617 617617617617617617617617617617617617617617617 617 617617617617617617617617 617 617 617617617 617 617 617 617 617 617 617 617 617617 617617617617617617617617617617617617 617 617 617 617617617617617617617617617617617 617 617617617617617617617617617 620602600 409 675665635 613 675 624 609607 601 605 408 402 520 535 533529525406 403 501 404 404 404404 404 404 404 404404 404404 404404 404 404404 404404 555 555 555 555 555 555 555 555 555555 555555 555555555 555 555 555 555 555555555555555 555555555555 555555555555555 555 555555 433 450 510 516 501450 429 419 419 415 433 447 307 318 320 500 304 309 430424 434 422 416 420 315 308 314 312 316 E DUR A N T A V E S SPRING STE DUR A N T A V ES HUNTER STE COO P E R A V E S HUNTER STS HUNTER STS HUNTER STE HYMAN AV E S GALENA STE COO P E R A V E S GALENA STDEAN S T E DURA N T A V ES GALENA STDEAN S T Date: 3/14/2022 Geographic Information Systems This map/drawing/image is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. Copyright 2022 City of Aspen GIS 0 0.01 0.030.01 mi When printed at 8.5"x11" 4 Legend Roads Zoomed In Scale: 1:1,374 500 E. Durant Vicinity Map Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. The information maintained by the County may not be complete as to mineral estate ownership and that information should be determined by separate legal and property analysis. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273718222800 on 09/07/2022 Instructions: Disclaimer: http://www.pitkinmapsandmore.com 127 ASPEN SQUARE LLC GALVESTON, TX 77554 144B SPANISH GRANT 135 BPM LLC JACKSON, WY 83002 680 S CACHE ST #100-10820 213 ASPEN SQUARE LLC BASALT, CO 816218302 841 HILLCREST DR 403 SOUTH GALENA LLC MIAMI, FL 33127 244-250 NW 35TH ST 414 422 EAST COOPER AVENUE LLC ASPEN, CO 81611 625 E MAIN ST UNIT 102B #401 423 ASPEN SQUARE LLC AUSTIN, TX 78739 10621 REDMOND RD 434 EAST COOPER AVENUE LLC ASPEN, CO 81611 516 E HYMAN AVE 2ND FL 447 EAST COOPER AVE HOLDINGS LLC ASPEN, CO 81611 400 E MAIN ST 450 S GALENA ST INVESTORS LLC ASPEN, CO 81611 450 S GALENA ST #202 555 E DURANT HOLDINGS LLC MILFORD, MA 01757 221 E MAIN ST #203 617 E COOPER 303 ASE LLC BOSTON, MA 02116 31 ST JAMES AVE, STE 740 ABELMAN JARED SAINT PETERSBURG, FL 33701 199 DALI BLVD #407 ABRAMSON FAMILY REV TRUST HEALDSBURG , CA 95448 1083 VINE ST #228 AGM INVESTMENTS LLC AUSTIN, TX 78704 1511 NICKERSON ST AGRUSA LISA ANN ESTERO, FL 33928 4761 W BAY BLVD #1704 AJAX MTN ASSOCIATES LLC ASPEN, CO 81611 520 E DURANT ST #207 ANDERSON ROBERT M & LOUISE E ALBUQUERQUE, NM 871234217 1525 CATRON AVE SE ANDINA SUPER LLC MANLY NSW AUSTRALIA 1655, PO BOX 1177 ARSCOTT CHERIE GULF STREAM, FL 33483 582 PALM WY AS 134 LLC SAN FRANCISCO, CA 94147 PO BOX 475027 ASHKENAZY ASPEN COMMERCIAL LLC NEW YORK, NY 10022 600 MADISON AVE 15TH FL ASHKENAZY ASPEN HOTEL LLC NEW YORK, NY 10022 600 MADISON AVE 15TH FL ASHKENAZY ASPEN REALTY LLC NEW YORK, NY 10022 600 MADISON AVE 15TH FL ASPEN & COMPANY LLC FISHKILL, NY 12524 4 LAFAYETTE CT ASPEN GROVE ASSOCIATES LLP GLENWOOD SPRINGS, CO 81601 51027 HWY 6 &24 #100 ASPEN KOEPPEL LLC MIAMI, FL 33133 2627 S BAYSHORE DRIVE # 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204 WORCHESIK JILL & SHANNON CROSBY, TX 77532 202 4TH ST YARD SALE LLC DALLAS, TX 75220 9222 HOLLOW WAY RD ZEFF ELEANOR E & ROBERT H ASPEN, CO 81611 555 E DURANT AVE #4C Neighborhood Context 1 - E Durant Avenue (Rubey Park Transit Center) 2 - Entrance to pedestrian mall from South Galena 3 - 450 S Galena (The Shirtman on street level, Belly Up on basement level) 4 - 510 E Durant 5 - 520 E Durant (various commercial: Ink Coffee, Hamilton Sports, etc.) 6 - Gondola Plaza 7 - 555 E Durant Avenue (North of Nell, various commercial on street level) 8 - 433 E Durant Avenue (CP Burger) 33 44 55 77 8866 11 22 11 22 33 44 55 6677 88 C.O.A. GPS MONUMENT #2S. GALENA & E. DURANTBRASS CAPS01°27'08"W158.81'7928 XXXXXXEX-UEEX-UEEX-UEEX-UECTVCTVCTVTTTTTTTTTTTTCTVCTVCTVCTVCTVCTVCTV FOFOFOFOFOFOFOFOFOGGGGGGGGGGEX-UEEX-UETTFO FO FO FO FOGGGGGGGGGGGEX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UE EX-UEFOFOFOFOXXXEAVEEL=7953.0'F.F. MAINLEVELEL=7932.8'F.F. SECONDLEVELEL=7943.8'EAVEEL=7953.1'RIDGEEL=7962.6'EAVEEL=7953.2'EAVEEL=7952.7'RIDGEEL=7958.1'F.F. MAINLEVELEL=7932.8'F.F. SECONDLEVELEL=7943.9'RIDGEEL=7956.3'RIDGEEL=7956.3'F.F. LOWERLEVELEL=7921.6'ELEVATORRIDGEEL=7944.8'RIDGEEL=7956.3'SOUTH GALENA STREET74' R-O-WASPHALTEAST DURANT AVENUE75' R-O-WASPHALTCONCRETE SIDEWALKBRICKPATIOCONCRETE SIDEWALK CON C R E T E ADJ O I N E R B U I L D I N G LOT- N520 E D U R A N T A V E ALLEY BLOCK 96ASPHALTUNDERGROUND FIBER OPTICSUNDERGROUND GAS UNDERGROUND ELECTRIC UNDERGROUNDCATVUNDERGROUNDTELEPHONE79 307930ELEVATORSHAFTN 75°09'11" W 90.36'S 14°5 0 ' 4 9 " W 1 0 0 . 0 0 'S 75°09'11" E 90.36'N 14°50'49" E 100.00'LOT- K LOT- L LOT- M 57.50'8.25'0.70'3.25'11.80'70.05'82.00'70.05'11.30'3.25'0.70'8.25'PK AND SHINERP.L.S. #38215FOUND FLUSHWITH GRADETBM EL=7932.63'PK AND SHINERP.L.S. #38215FOUND FLUSHWITH GRADEPK FOUNDBEARS N61°46'34"1.99'PK FOUNDBEARS S73°36'50"2.32'ELECTRICTRANSFORMERTRASHCOMPACTORDDDDGGGTRACTION PADSSTORM GRATESTORMGRATEGAS METERSRIDGEEL=7962.5'UPPER LEVELDECKUPPER LEVELDECKWOODWALKACAC WATERTREATMENTLIGHTANDSTREETSIGNCATVAND TELEPHONEPEDESTALSLOTS K-M BLOCK 96MULTI LEVEL BRICK ANDWOOD BUILDINGWITH BASEMENT500 EAST DURANT AVENUEFENCE (TYPICAL)DRAINRIM=7930.21'INV.=7929.88'10.4'15'10'1.9'DXXXXXUPPER LEVELDRAINRIM=7943.82'CONCRETEPATIOWAGNER PARK VIEW PLANEEASEMENT AND RIGHT OFWAY PER BK 408 PG 216WINDOWWELLCOURTHOUSE 2VIEWPLANEMAIN STREET VIEWPLANEC O O P E R S T R E E T V I E W P L A N E WHEELER OPERA HOUSE VIEWPLANEWWWWWWWWWWWWWWWWWW W W W WWVWVWVWATERLINE (TYPICAL)WATER VALVE(TYPICAL)7930BASI S O F B E A R I N G S DRAINRIM=7932.46'STONEPATIOCONCRETE CURBAND GUTTEREASEMENTPER RECEPTIONNO. 544450SWVWVWVWVWSTAIRTOWER STAIRTOWERDRAINRIM=7930.20'INV.=7929.85'LANDINGEL=7936.94'DRAINRIM=7943.78'EEEECOVERED WALKLANDINGEL=7941.06'X LANDINGEL=7936.87'LANDINGEL=7940.96'SEWERMANHOLERIM=7928.22'DEC.24"X45'DEC.18"X40'DT ELEVATORF.F.=7930.23'F.F. LOWERLEVELEL=7921.68'ELECTRICMETER X2ELECTRICBOX(TYPICAL)WATERMANHOLEF.F.EL=7933.02'COURTHOUSE2VIEWPLANESSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSAPPROX. SEWERLINEADJOINER BUILDINGRIDGEEL=7970.8'C.O.A. GPSMON #2S60°59'37"W51.60'N12°03'13"E744.14'C.O.A. GPSMON #5CONCRETEPAN7 9 3 0 79297928792979307931793279337932CONCRETE CURB & GUTTERCONCRETE CURB & GUTTERVVVVVVENT(TYP.)F.F.EL=7932.94'F.F. 2NDLEVEL DECKEL=7949.28'LAWNRAMP TIEWALLSTEPS STORMGRATEWVWVWVNOTICE: ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTIONBASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRSTDISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT INTHIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THECERTIFICATION SHOWN HEREON.ByNO.DateProject NO.RevisionDrawn By:Checked By:Date:Computer File:P.O. Box 1746Rifle, CO 81650Phone (970) 625-1954Fax (970) 579-7150www.peaksurveyinginc.comSNWEPeak Surveying, Inc.Est. 2007211471 OF 1MARCUS DURANT GALENA, LLCASPEN, COLORADOIMPROVEMENT AND TOPO SURVEYLOTS, K, L, AND M, BLOCK 96, COA500 EAST DURANT AVENUESFJRNFEBRUARY 01, 2022147 DWGSUBJECTPROPERTYVICINITY MAPSCALE: 1" = 2000'HATCH LEGENDBOUNDARYLINE TYPE LEGENDSTORM SEWERELECTRICEASEMENTEX-STEX-UEASPHALTCONCRETESYMBOL LEGENDWATER SHUT OFFGAS METERGSET MONUMENTELEC. TRANS.EDGE OF ROADIRRIGATION VALVEFOUND MONUMENTSEWER MANHOLEELEC. METERSSPOT ELEVATIONSAIR COND. UNITOSW 100YR FLOODPLAINPVC DRAIN LINETELEPHONETCABLE TVCTVGASLINEGFIBER OPTICFOTELEPHONETSTORM DRAINDELEC. OUTLOOKADJ. BOUNDARYSTONE WALLCABLE TV PED.STREET LIGHTSEWER LINESSWATER LINEW0000.00'SODEEA.C.ICVNESW0306090120150180210240270300330P e ak S urveying, Inc.0101020405IMPROVEMENT SURVEY PLAT & TOPOGRAPHIC SURVEYTHE DURANT GALENA CONDOMINIUMSACCORDING TO THE CONDOMINIUM MAP LOTS K-M RECORDED MAY 05, 1977 IN PLAT BOOK 5 PAGE 85,CITY OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADOPROPERTY DESCRIPTIONTHE DURANT GALENA CONDOMINIUMS ACCORDING TO THE CONDOMINIUM MAP RECORDEDMAY 05, 1977 IN PLAT BOOK 5 PAGE 85, CITY OF ASPEN, COUNTY OF PITKIN, STATE OFCOLORADO.NOTES:1) THIS PROPERTY IS SUBJECT TO RESERVATIONS, RESTRICTIONS, COVENANTS, BUILDINGSETBACKS AND EASEMENTS OF RECORD, OR IN PLACE AND EXCEPTIONS TO TITLE SHOWN INTHE TITLE POLICY PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. QTF62012318,POLICY DATED FEBRUARY 18, 2021.2) THE DATE OF THIS SURVEY WAS NOVEMBER 29, DECEMBER 22, 2021, AND JANUARY 04, & 27,2022.3) BASIS OF BEARINGS FOR THIS SURVEY IS A BEARING OF S14°50'49"W BETWEEN THENORTHEAST CORNER, A PK NAIL AND SHINER P.L.S# 38215 FOUND IN PLACE AND THESOUTHEAST CORNER, A PK NAIL AND SHINER P.L.S# 38215 FOUND IN PLACE.4) UNITS OF MEASURE FOR ALL DIMENSIONS SHOWN HEREON IS U.S. SURVEY FEET.5) THIS SURVEY IS BASED ON THE CONDOMINIUM MAP RECORDED MAY 05, 1977 IN PLAT BOOK 5AT PAGE 85 IN THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE AND CORNERS FOUND INPLACE.6) ELEVATIONS ARE BASED ON A GPS OBSERVATION UTILIZING THE WESTERN COLORADORTVRN GPS NETWORK (1988 ORTHO DATUM) YIELDING AN ON-SITE ELEVATION OF 7932.63' ONTHE SOUTHEAST BOUNDARY CORNER AS SHOWN. CONTOUR INTERVAL EQUALS 1 FOOT.7) MOUNTAIN VIEWPLANES ARE SHOWN PER THE CITY OF ASPEN GIS WEBSITE AND RECORDEDDOCUMENTS.8) THE SUBJECT PROPERTY IS ZONED (CC) COMMERCIAL CORE. ACCORDING TO THE CITY OFASPEN COMMUNITY DEVELOPMENT WEBSITE THERE ARE NO DIMENSIONAL REQUIREMENTSFOR YARD SETBACKS AND A HEIGHT RESTRICTION OF 28 FEET. SETBACKS AND HEIGHTSSHOULD BE VERIFIED WITH COMMUNITY DEVELOPMENT PRIOR TO ANY PLANNING, DESIGN ORCONSTRUCTION.9) ACCORDING TO THE CITY OF ASPEN COMMUNITY DEVELOPMENT WEBSITE THE SUBJECTPROPERTY IS LOCATED WITHIN THE HISTORIC DISTRICTS.IMPROVEMENT SURVEY STATEMENTI, JASON R. NEIL, HEREBY CERTIFY TO MARCUS DURANT GALENA, LLC, A COLORADO LIMITEDLIABILITY COMPANY, THAT I AM A PROFESSIONAL LAND SURVEYOR LICENSED UNDER THELAWS OF THE STATE OF COLORADO; THAT THIS IMPROVEMENT SURVEY PLAT IS TRUE,CORRECT AND COMPLETE BASED ON MY KNOWLEDGE, INFORMATION AND BELIEF AS LAIDOUT AND SHOWN HEREON; THAT THIS IMPROVEMENT SURVEY PLAT WAS MADE BY ME FROMAN ACCURATE SURVEY OF THE REAL PROPERTY PERFORMED BY ME OR UNDER MY DIRECTSUPERVISION ON NOVEMBER 29, DECEMBER 22, 2021, AND JANUARY 04 & 27, 2022; THAT THISIMPROVEMENT SURVEY PLAT IS NOT A GUARANTY OR WARRANTY, EITHER EXPRESSED ORIMPLIED; THAT, IN THE PREPARATION OF THIS IMPROVEMENT SURVEY PLAT, I RELIED UPONTHE TITLE POLICY PREPARED BY LAND TITLE GUARANTEE COMPANY, ORDER NO. QTF62012318,POLICY DATED FEBRUARY 18, 2021; THAT THE LOCATION AND DIMENSIONS OF ALL BUILDINGS,IMPROVEMENTS, EASEMENTS, RIGHTS OF WAY IN EVIDENCE OR KNOWN TO ME ANDENCROACHMENTS BY OR ON THE REAL PROPERTY AND MATTERS REFERENCED IN SAID TITLECOMMITMENT CAPABLE OF BEING SHOWN ARE ACCURATELY SHOWN, AND THAT THIS PLAT ISIN ACCORDANCE OF AN IMPROVEMENT SURVEY PLAT AS SET FORTH IN C.R.S. §38-51-102(9). DATED: FEBRUARY 01, 2022 BY:___________________________________ JASON R. NEIL, P.L.S. NO. 37935 FOR AND ON BEHALF OF PEAK SURVEYING, INC.COL O R ADO LICENSEDPROFESSIONAL LAND S U RVEYO R JAS O N R. NEIL37935 ISSUED DATEPROJECT NUMBER© Clayton Korte|The Design Professional's electronic seal or signature is effective only as to that version of this document as originally published by Clayton Korte. Clayton Korte is not responsible for any subsequent modification, corruption, or unauthorized use of such document. To verify the validity or applicability of the seal or signature, contact the Design Professional.12/6/2022 12:43:25 PM500 E. DURANT REMODEL 510 E. DURANT AVENUE ASPEN, COLORADO 81611 PRELIMINARYPRICING SET12/06/202221030 W/D ADJOINER BUILDINGADJOINER BUILDING EAST DURANT AVENUESOUTH GALENA STREETALLEY 15' MECH SETBACK 20' VENTS SETBACK LAWN TRACTION PADS LIGHT AND STREET SIGN STORM GRATE STORM GRATE EASEMENT AND RIGHT OF WAY PER BK 408 PG 216 EASEMENT PER RECEPTION NO. 544450 CONCRETE CURB & GUTTER CONCRETE SIDE WALKCONCRETE CURB & GUTTERCONCRETE SIDE WALKEXISTING MECHANICAL SPACE TO REMAIN PROPERTY LINE EXISTING TRANSFORMER TO REMAIN STORM GRATE NEW RECONFIGURED SWITCHGEAR LOCATION PROPOSED INCLINED CHAIR LIFT W RETRACTIBLE PLATFORM EXISTING TRASH COMPACTOR TO BE RELOCATED PER RON CHRISTIAN TO EDGE OF NORTH PROPERTY LINE 90.36'S 75°09'11''100.00''N 14°50'49''90.36'N 75°09'11''100.00''S 14°50'49''ADJOINER BUILDING (NOT IN CONTRACT)3'-0"3'-0"3'-0" EXISTING CONSTRUCTION TO BE REMOVED SITE PLAN LEGEND EXISTING CONCRETE NEW CONSTRUCTION EXISTING CONSTRUCTION TO REMAIN VIEW PLANE COVEREAGE 57.7% PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:43:30 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC1.0 SITE PLAN500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/8" = 1'-0"1 SITE PLAN (HPC) PROJECT NORTH TRUE NORTH UP UP UP UP UP UP PLAN LEGEND EXISTING CONSTRUCTION TO BE REMOVED NEW CONSTRUCTION EXISTING CONSTRUCTION TO REMAIN CONCRETE WOOD FLOORING TILE FLOORING CARPET FLOORING TURF BRICK PAVERS RESILIENT MEMBRANE 43 5 G E D C B F 621 EXISTING STAIR TO REMAIN HOT EXPO COLD / PREP PROPOSED KITCHEN EXHAUST ROUTING TO NEW ROOF TOP EQUIPMENT DISH PROPOSED EQUIPMENT EXHAUST ROUTING TO EXISTING ROOF TOP EQUIPMENT PROPOSED DUMBWAITER FR ICE FISH TRELLIS CANOPY ABOVE 3'-2 1/4"3'-10 1/4"6'-6 3/4"6'-2 5/8"6'-4"7'-6"PLANTERRETACTABLE CANOPY ON RIGID FRAME EXISTING TRASH COMPACTOR TO BE RELOCATED PER RON CHRISTIAN TO EDGE OF NORTH PROPERTY LINE EXISTING TRANSFORMER TO REMAIN 59 SF COMMERCIAL 103 91 SF WIC 109 92 SF DRY STORAGE 106 44 SF COAT ROOM 117 46 SF COAT ROOM 121 321 SF ADJACENT LEASE SPACE 126 142 SF WOMENS RR 122 142 SF MENS RR 125 1475 SF COMMERCIAL 114 800 SF KITCHEN 110 174 SF HALLWAY 123 72 SF COMMERCIAL 124 74 SF COMMERCIAL 112 246 SF COMMERCIAL 113 97 SF AIR LOCK 116 66 SF STAIR 119 56 SF STORAGE 120 93 SF COMMERCIAL 111 203 SF COMMERCIAL 115 48 SF RR 102 354 SF CORRIDOR 100 111 SF EXISTING STAIR 105 52 SF STORAGE 107 58 SF RR 101 52 SF COMMERCIAL 104 32 SF AIR LOCK 118 EXISTING MECHANICAL SPACE TO REMAIN A NEW RECONFIGURED SWITCHGEAR LOCATION ADJOINER BUILDING (NOT IN CONTRACT)3'-0"3'-0"3'-0" DESIGNATED TRASH AREA WITHIN PROPERTY LINE RELOCATED GAS METER WITH PROTECTIVE BOLLARDS 3'-0"3'-0" W 3'-0"L 2'-7"W 3'-0"L 2'-7"W 3'-0"L 2'-7"W 3'-0"L 2'-7"W 3'-0"L 2'-7"W 3'-0"L 2'-7"W 3'-0"L 2'-7"PROPOSED INCLINED CHAIR LIFT W RETRACTIBLE PLATFORM EXISTING OIL TANK (250 GALLON)W 3'-0"L 2'-7"W 3'-0"L 2'-7" 1 2 3 4 5 6 7 8 9 2'-9 1/4" PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:43:35 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC1.1 FIRST FLOOR PLAN500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 3/16" = 1'-0"1 FIRST FLOOR PLAN (HPC) PROJECT NORTH TRUE NORTH UP UP UP PLAN LEGEND EXISTING CONSTRUCTION TO BE REMOVED NEW CONSTRUCTION EXISTING CONSTRUCTION TO REMAIN CONCRETE WOOD FLOORING TILE FLOORING CARPET FLOORING TURF BRICK PAVERS RESILIENT MEMBRANE 43 5 G E D C B F 621 70 SF RESTROOM 203 201 SF COMMERCIAL 200 58 SF RESTROOM 205 187 SF COMMERCIAL 206 106 SF COMMERCIAL 207 87 SF COMMERCIAL 208 66 SF COMMERCIAL 201 242 SF ENCLOSED DINING AREA 215 OUTLINE OF MEZZANINE ABOVE 68 SF COMMERCIAL 202 EXISTING UNCOVERED PATIO TO REMAIN EXISTING COVERED PATIO TO REMAIN EXISTING UNCOVERED PATIO TO REMAIN EXISTING STAIR 1681 SF COMMERCIAL 214 123 SF WOMENS RR 212 89 SF MENS RR 211 RECONFIGURED BUILDING STORAGE TO VERTICAL CHASE POS BUILT IN STORAGE PROPOSED MAKE-UP AIR UNIT LOCATION ON LEVEL 2 PATIO PROPOSED OUTDOOR BALCONY EXPANSION 17'-0" EXISTING MECHANICAL CHASE TO BE MOVED 27 SF STORAGE 209 PROPOSED OUTDOOR BALCONY EXPANSION 16'-4" PROPOSED OUTDOOR BALCONY EXPANSION 16'-8" RETACTABLE CANOPY ON RIGID FRAME 273 SF COMMERCIAL 204 134 SF HALLWAY 210 Redundant Room COMMERCIAL 213 PROPOSED ENCLOSED WALKWAY A PROPOSED STAIR TO MECHANICAL PARAPHET EXISTING STAIR TO MECHANICAL PARAPHET TO BE MOVED 3 / HPC6.1 4 / HPC6.1 2 / HPC6.1PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:43:39 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC1.2 SECOND FLOOR PLAN500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 3/16" = 1'-0"1 SECOND FLOOR PLAN (HPC) PROJECT NORTH TRUE NORTH W/D PLAN LEGEND EXISTING CONSTRUCTION TO BE REMOVED NEW CONSTRUCTION EXISTING CONSTRUCTION TO REMAIN CONCRETE WOOD FLOORING TILE FLOORING CARPET FLOORING TURF BRICK PAVERS RESILIENT MEMBRANE 43 5 G E D C B F 621 329 SF COMMERCIAL 301 249 SF ATTIC SPACE 304 PULL-DOWN ATTIC ACCESS LADDER 15' MECH SETBACK 20' VENTS SETBACK A PROPOSED STAIR TO MECHANICAL PARAPHET 3 / HPC6.1 4 / HPC6.1 2 / HPC6.1PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:43:41 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC1.3 MEZZANINE PLAN500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 3/16" = 1'-0"1 MEZZANINE FLOOR PLAN (HPC) PROJECT NORTH TRUE NORTH EXISTING MECHANICAL GREASE VENT TO REMAIN EXISTING MECHANICAL PARAPET TO REMAIN. ALL EXISTING MECHANICAL AREAS TO REMAIN AND ALL REPLACEMENT EQUIPMENT WILL MEET 6' HEIGHT LIMIT. EXISTING MECHANICAL GREASE VENT TO REMAIN. 4 1/4" / 1'-0"4 1/4" / 1'-0"4 1/2" / 1'-0"4 1/2" / 1'-0"4" / 1'-0"4" / 1'-0"4" / 1'-0"4" / 1'-0"RIDGEVALLEY RIDGEVALLEYVALLEYRIDGE VALLEYVALLEYVALLEYRIDGE EXISTING MECHANICAL GREASE VENT NEW MECHANICAL EQUIPMENT PARAPET NEW EQUIPMENT WILL MEET 6' HEIGHT LIMIT. 15' MECH SETBACK EXISTING STREET LEVEL MECHANICAL ZONE TO REMAIN 20' VENTS SETBACK EXISTING TRASH COMPACTOR TO BE RELOCATED PER RON CHRISTIAN TO EDGE OF NORTH PROPERTY LINE EXISTING TRANSFORMER TO REMAIN NEW RECONFIGURED SWITCHGEAR LOCATION 3 / HPC6.1 4 / HPC6.1 2 / HPC6.1PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:43:45 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC1.4 ROOF PLAN500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 3/16" = 1'-0"1 ROOF PLAN (HPC) PROJECT NORTH TRUE NORTH UP UP UP UP UP UP IN F.F.E.CHANGE40'-6"3'-0"873.06 SF 9'-2"68'-8" 635.17 SF 69'-4"11'-0 67/128" 216.83 SF 536.5 SF IN F.F.E.CHANGE3'-0"40'-7 1/2"28'-0 1/2" 757.04 SF 5883 SF CONDITIONED 53 SF ELEVATOR BELLY UP (N.I.C.) SECTION 3 SECTION 1 SECTION 2SECTION 45883 SF CONDITIONED 53 SF ELEVATOR BELLY UP (N.I.C.) SECTION 3 SECTION 1 SECTION 2SECTION 4PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:04 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC2.1 FLOOR AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 WALL TOTAL WALL AREA (SF)EXPOSED WALL AREA NORTH 635.17 0 WEST 753.33 216.83 SOUTH 757.04 0 EAST 873.06 0 OVERALL TOTALS 3,018.6 216.83 PERCENTAGE OF EXPOSED WALL AREA: 11.66% EXISTING SUBGRADE FLOOR AREA: 5,883 SF SUBGRADE COUNTABLE FLOOR AREA: 685.95 SF (5,883 X 11.66%) EXISTING BASEMENT FLOOR AREA CALCULATIONS 1/8" = 1'-0" 4 BASEMENT -EAST WALL ELEVATION (FAR CALCS.) 1/8" = 1'-0" 1 BASEMENT -NORTH WALL ELEVATION (FAR CALCS.) 1/8" = 1'-0" 2 BASEMENT -WEST WALL ELEVATION (FAR CALCS.) 1/8" = 1'-0" 3 BASEMENT -SOUTH WALL ELEVATION (FAR CALCS.) 1/8" = 1'-0"5 EXISTING BASEMENT -FLOOR AREA PLAN 1/8" = 1'-0"6 PROPOSED BASEMENT -FLOOR AREA PLAN UP UP UP UP UPUP UP UP UP UP ELEVATOR AREA NOT COUNTED THIS FLOOR 1751 SF RESTAURANT 2705 SF RETAIL 1697 SF PA 944 SF RETAIL 4687 SF RESTAURANT 1 53 SF ELEVATOR PERMANENTLY INSTALLED INTERIOR AIRLOCK -100 SF EXEMPTION 259 SF RESTAURANT 2 1697 SF PA 338 SF RETAIL PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:08 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC2.2 FLOOR AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/8" = 1'-0" 1 EXISTING FIRST FLOOR -FLOOR AREA PLAN 1/8" = 1'-0" 2 PROPOSED FIRST FLOOR -FLOOR AREA PLAN UP UP UP UP 3820 SF CONDITIONED STAIR NOT COUNTED ON THIS FLOOR BALCONY NOT COUNTED EXTERIOR STAIR NOT COUNTED EXTERIOR STAIR NOT COUNTED BALCONY NOT COUNTED 37 SF CONDITIONED 945 SF PA 2657 SF RESTAURANT 2 STAIR NOT COUNTED ON THIS FLOOR STAIR NOT COUNTED ON THIS FLOOR ELEVATOR NOT COUNTED ON THIS FLOOR BALCONY NOT COUNTED MECHANICAL CHASE EXTERIOR STAIR NOT COUNTED 37 SF CONDITIONED 425 SF PA 135 SF PA 1437 SF OFFICE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:10 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC2.3 FLOOR AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/8" = 1'-0" 1 EXISTING SECOND FLOOR -FLOOR AREA PLAN 1/8" = 1'-0" 2 PROPOSED SECOND FLOOR -FLOOR AREA PLAN 373 SF CONDITIONED ATTIC STORAGE ONLY ACCESSED BY PULL-DOWN LADDER NOT COUNTED STAIR NOT COUNTED ON THIS FLOOR ATTIC STORAGE ONLY ACCESSED BY PULL-DOWN LADDER NOT COUNTED PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:12 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC2.4 FLOOR AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 LOT SIZE - ~9,000 SF (VERIFY W/ SURVEY) 1ST FLOOR CONDITIONED* 2ND FLOOR CONDITIONED* BASEMENT** ELEVATOR (BASEMENT) EXTERIOR DECKS/PATIOS *** MEZZANINE TOTAL FLOOR AREA 9,996 SF 10,580 SF FLOOR AREA RATIO 10,580 / 9,000 = 1.17 FAR MAX ALLOWABLE FAR: 2.25 *1ST/2ND FLOOR STAIRS COUNTED AS CONDITIONED **SEE BASEMENT FAR CALCUATIONS ON HPC2.1 ***ALL DECK/PATIO SPACE IN COMMERCIAL CORE ARE EXEMPT FROM FAR CALCULATIONS PER 26.575.020.d.4.c. EXISTING v. PROPOSED FLOOR AREA CALCULATIONS EXISTING 5,400 SF 3,857 SF 686 SF 53 SF 0 SF 0 SF 1/8" = 1'-0"2 PROPOSED MEZZANINE -FLOOR AREA PLAN EXISTING FLOOR AREA AREA NAME AREA BASEMENT CONDITIONED 5883 SF ELEVATOR 53 SF 5936 SF LEVEL 01 RESTAURANT 1751 SF RETAIL 2705 SF RETAIL 944 SF 5400 SF LEVEL 02 CONDITIONED 3820 SF CONDITIONED 37 SF 3857 SF TOTAL EXISTING FLOOR AREA 15194 SF PROPOSED FLOOR AREA AREA NAME AREA BASEMENT CONDITIONED 5883 SF ELEVATOR 53 SF 5936 SF LEVEL 01 ELEVATOR 53 SF RESTAURANT 1 4687 SF RESTAURANT 2 259 SF RETAIL 338 SF 5337 SF LEVEL 02 CONDITIONED 37 SF OFFICE 1437 SF RESTAURANT 2 2657 SF 4131 SF MEZZANINE CONDITIONED 373 SF 373 SF TOTAL PROPOSED FLOOR AREA 15777 SF 1/8" = 1'-0"1 EXISTING MEZZANINE -FLOOR AREA PLAN PEDESTRIAN AMENITY CALCULATIONS STREET DURANT AVENUE (FIRST FLOOR) DURANT AVENUE (SECOND FLOOR) S. GALENA STREET (FIRST FLOOR) S. GALENA STREET (SECOND FLOOR) EXISTING 1,697 SF 0 SF 0 SF 945 SF PROPOSED 1,697 SF 0 SF 0 SF 560 SF TOTAL (PA) AREA 2,642 SF 2,257 SF PA FLOOR AREA RATIO 2250 SF < 2257 SF PROPOSED 5,337 SF 4,131 SF 686 SF 53 SF 0 SF 373 SF UP UP UP UP UP UP BELLY UP (N.I.C) NO CHANGE TO NET LEASABLE AREA (5,595 SF) COMMON ELEVATOR COMMON STAIR EXISTING AIRLOCK EXISTING AIRLOCK BELLY UP (N.I.C.) N.I.C. - NO CHANGE TO NET LEASABLE AREA COMMON STAIR BASEMENT ELEVATOR EXISTING AIRLOCK EXISTING AIRLOCK NO CHANGE TO NET LEASABLE AREA RESTAURANT 2 RESTAURANT NET LEASABLE AREA LEGEND COMMERCIAL SPACE OFFICE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:12 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC3.1 NET LEASABLE AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/8" = 1'-0"2 PROPOSED BASEMENT -NET LEASABLE AREA PLAN 1/8" = 1'-0"1 EXISTING BASEMENT -NET LEASABLE AREA PLAN PROPOSED BASEMENT FLOOR NET LEASABLE AREA: *(Belly UP, Airlocks and elevator counted) BASEMENT (N.I.C.): 5,595 SF TOTAL: 5,595 SF EXISTING BASEMENT FLOOR NET LEASABLE AREA: *(Belly UP, Airlocks and elevator counted) BASEMENT (N.I.C.): 5,595 SF TOTAL: 5,595 SF UPUP UP UP UP UP UP UP UP UP RESTAURANT 2 ENTRY (COUNTING STAIRS) 248 SF (NLA) COMMON STAIR CHANGE TO NET LEASABLE AREA (320 SF) 3,640 SF (NLA) PERMENANT AIR LOCK - 100 SF (NOT COUNTED) RESTAURANT 1 COMMON STAIR EXISTING COMMERCIAL SPACE (N.I.C.) COMMON ELEVATOR COMMON CIRCULATION COMMON RR COUNTING STORAGE BELOW STAIRS COMMON RESTROOMS COMMON CIRCULATION EGRESS STAIR (NOT COUNTED) BASEMENT ELEVATOR 1,717 SF (NLA) EXISTING NET LEASABLE AREA (320 SF) 2,543 SF (NLA) EXISTING COMMERCIAL SPACE EXISTING COMMERCIAL SPACE (N.I.C.) EXISTING RESTAURANT 556 SF (NLA) EXISTING COMMERCIAL SPACE NO CHANGE TO NET LEASABLE AREA RESTAURANT 2 RESTAURANT NET LEASABLE AREA LEGEND COMMERCIAL SPACE OFFICE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:13 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC3.2 NET LEASABLE AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/8" = 1'-0" 2 PROPOSED FIRST FLOOR -NET LEASABLE AREA PLAN 1/8" = 1'-0" 1 EXISTING FIRST FLOOR -NET LEASABLE AREA PLAN PROPOSED FIRST FLOOR NET LEASABLE AREA: EXISTING COMMERCIAL SPACE (N.I.C.):320 SF RESTAURANT 1: 3,640 SF RESTURANT 2 ENTRY:248 SF TOTAL: 4,208 SF EXISTING FIRST FLOOR NET LEASABLE AREA: EXISTING COMMERCIAL SPACE (N.I.C.):320 SF EXISTING COMMERCIAL SPACE:556 SF EXISTING COMMERCIAL SPACE:2,543 SF EXISTING RESTAURANT: 1,717 SF TOTAL: 5,136 SF LEASABLE AREA EXPANSION: PROPOSED: 4,208 SF EXISTING: 5,136 SF TOTAL EXPANSION: -928 SF <500SF UPUP UP COMMON STAIR DUMBWAITER (NOT COUNTED ON THIS FLOOR) COMMON ELEVATOR ASSUMED MECHANICAL CHASE (NOT COUNTED) RESTAURANT 2 2268 SF (NLA) OFFICE 1,055 SF (NLA) COMMON CIRCULATION ENCLOSED DINING AREA 252 SF (NLA) MECHANICAL CHASE (NOT COUNTED) COMMON STAIR COMMON STAIR COMMON ENCLOSED WALKWAY NEW PROPOSED MECHANICAL SPACE COMMON STAIR ASSUMED MECHANICAL CHASE (NOT COUNTED) SHARED MECHANICAL (NOT COUNTED) OFFICE 3,282 SF (NLA) COMMON RESTROOM COMMON CIRCULATION NO CHANGE TO NET LEASABLE AREA RESTAURANT 2 RESTAURANT NET LEASABLE AREA LEGEND COMMERCIAL SPACE OFFICE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:15 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC3.3 NET LEASABLE AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/8" = 1'-0" 2 PROPOSED SECOND FLOOR -NET LEASABLE AREA PLAN 1/8" = 1'-0" 1 EXISTING SECOND FLOOR -NET LEASABLE AREA PLAN PROPOSED SECOND FLOOR NET LEASABLE AREA: OFFICE: 1,055 SF RESTAURANT 2:2,268 SF ENCLOSED DINING: 252 SF TOTAL: 3,575 SF EXISTING SECOND FLOOR NET LEASABLE AREA: OFFICE: 3,282 SF TOTAL: 3,282 SF LEASABLE AREA EXPANSION: PROPOSED: 3,575 SF EXISTING: 3,282 SF TOTAL EXPANSION: 293 SF <500SF OFFICE 332 SF (NLA) ATTIC ATTIC STORAGE NO CHANGE TO NET LEASABLE AREA RESTAURANT 2 RESTAURANT NET LEASABLE AREA LEGEND COMMERCIAL SPACE OFFICE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 2:55:15 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC3.4 NET LEASABLE AREA PLANS500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/8" = 1'-0"1 PROPOSED MEZZANINE -NET LEASABLE AREA PLAN PROPOSED MEZZANINE FLOOR NET LEASABLE AREA: OFFICE: 332 SF TOTAL: 332 SF PROPOSED NET LEASABLE AREA CALCULATIONS: BASEMENT (N.I.C.): 5,595 SF FIRST FLOOR: 4,208 SF SECOND FLOOR: 3,575 SF MEZZANINE: 332 SF TOTAL: 13,710 SF EXISTING NET LEASABLE AREA CALCULATIONS: BASEMENT (N.I.C.): 5,595 SF FIRST FLOOR: 5,136 SF SECOND FLOOR: 3,282 SF MEZZANINE: 0 SF TOTAL: 14,013 SF PROPOSED INCREASE IN NET LEASABLE AREA =-303 SF 1/8" = 1'-0"2 EXISTING MEZZANINE -NET LEASABLE AREA PLAN PROPOSED MEZZANINE FLOOR NET LEASABLE AREA: TOTAL: 0 SF 18'-2"18'-9"31'-7 47/128"32'-11"15'-0"VIEW PLANE 18'-2"18'-9"31'-7 47/128"32'-11"15'-0"VIEW PLANE RELOCATED GAS METER WITH PROTECTIVE BOLLARDS EXISITING OIL CONTAINER PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:43:58 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC4.1 NORTH ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"2 EXISTING NORTH ELEVATION RENDER W/ VIEWPLANE REFERENCE 1/4" = 1'-0"1 PROPOSED NORTH ELEVATION RENDER W/ VIEWPLANE REFERENCE 18'-2"18'-9"31'-7 47/128"32'-11"15'-0"VIEW PLANE 18'-2"18'-9"32'-11"31'-7 47/128"15'-0"VIEW PLANE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:43:58 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC4.2 EAST ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0" 1 PROPOSED EAST ELEVATION RENDER W/ VIEWPLANE REFERENCE 1/4" = 1'-0"2 EXISTING EAST ELEVATION RENDER W/ VIEWPLANE REFERENCE 18'-2"18'-9"31'-7 47/128"32'-11"15'-0"VIEW PLANE 18'-2"18'-9"31'-7 47/128"32'-11"15'-0"VIEW PLANE PERMANENTLY ENCLOSED DINING AREA PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:00 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC4.3 WEST ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"2 EXISTING WEST ELEVATION RENDER W/ VIEWPLANE REFERENCE 1/4" = 1'-0" 1 PROPOSED WEST ELEVATION RENDER W/ VIEWPLANE REFERENCE 18'-2"18'-9"31'-7 47/128"32'-11"15'-0"VIEW PLANE 18'-2"18'-9"31'-7 47/128"32'-11"15'-0"VIEW PLANE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:01 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC4.4 SOUTH ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"2 EXISTING SOUTH ELEVATION RENDER W/ VIEWPLANE REFERENCE 1/4" = 1'-0"1 PROPOSED SOUTH ELEVATION RENDER W/ VIEWPLANE REFERENCE PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:02 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC5.1 PROPOSED EAST ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"1 PROPOSED MATERIALITY STUDY EAST ELEVATION 1/4'' 11 52 1 67572 5 8 7 1 BOARD FORMED CONCRETE LIME WASH BLACKENED BRICK RED CEDAR PLANKS - BLACK STAIN GREY BRICK PAVERS - HERRINGBONE PATTERN RED CEDAR - GREY WEATHERED STAIN EXPOSED AGGREGATE CONCRETE LACQUER GREY PAINT CARBON STEEL DUCTS RED CEDAR - LATH ASSEMBLY - GREY WEATHERED STAIN BLACKENED STEEL RED CEDAR SHINGLES - WEATHERED 1 2 3 4 5 6 7 8 9 10 11 PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:04 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC5.2 PROPOSED NORTH ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"1 PROPOSED MATERIALITY STUDY NORTH ELEVATION 1/4'' 2 1111 3 5182 8 2 5 55 10 5 BOARD FORMED CONCRETE LIME WASH BLACKENED BRICK RED CEDAR PLANKS - BLACK STAIN GREY BRICK PAVERS - HERRINGBONE PATTERN RED CEDAR - GREY WEATHERED STAIN EXPOSED AGGREGATE CONCRETE LACQUER GREY PAINT CARBON STEEL DUCTS RED CEDAR - LATH ASSEMBLY - GREY WEATHERED STAIN BLACKENED STEEL RED CEDAR SHINGLES - WEATHERED 1 2 3 4 5 6 7 8 9 10 11 PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:04 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC5.3 PROPOSED WEST ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"1 PROPOSED MATERIALITY STUDY WEST ELEVATION 1/4'' 11 53 3 1051025 8 3 1 BOARD FORMED CONCRETE LIME WASH BLACKENED BRICK RED CEDAR PLANKS - BLACK STAIN GREY BRICK PAVERS - HERRINGBONE PATTERN RED CEDAR - GREY WEATHERED STAIN EXPOSED AGGREGATE CONCRETE LACQUER GREY PAINT CARBON STEEL DUCTS RED CEDAR - LATH ASSEMBLY - GREY WEATHERED STAIN BLACKENED STEEL RED CEDAR SHINGLES - WEATHERED 1 2 3 4 5 6 7 8 9 10 11 PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:05 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC5.4 PROPOSED SOUTH ELEVATION500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"1 PROPOSED MATERIALITY STUDY SOUTH ELEVATION 1/4'' 11 11 2105 5 1 3459510 8 3 BOARD FORMED CONCRETE LIME WASH BLACKENED BRICK RED CEDAR PLANKS - BLACK STAIN GREY BRICK PAVERS - HERRINGBONE PATTERN RED CEDAR - GREY WEATHERED STAIN EXPOSED AGGREGATE CONCRETE LACQUER GREY PAINT CARBON STEEL DUCTS RED CEDAR - LATH ASSEMBLY - GREY WEATHERED STAIN BLACKENED STEEL RED CEDAR SHINGLES - WEATHERED 1 2 3 4 5 6 7 8 9 10 11 PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:05 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC6.0 3D VIEW500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 1/4" = 1'-0"2 VIEW FROM E. DURANT AVE. AWNING CLOSED 1/4" = 1'-0"1 VIEW FROM E. DURANT AVE. AWNING OPEN 3'-10 1/2"4'-6"3'-10 1/2"5'-3"3'-6"2'-5"1 2 3 1 4'-4"5'-0"5'-0"3'-11"4'-5"3'-6"1 2 3 4'-4"5'-0"5'-0"3'-11"4'-5"3'-6"1 2 3 PRELIMINARY NOT FOR CONSTRUCTION This drawing was prepared under the supervision of Paul Clayton. It is not to be used for regulatory approval, permitting, or construction purposes. ISSUED DATE PROJECT NUMBER © Clayton Korte|12/6/2022 12:44:09 PM510 E. DURANT AVENUEASPEN, COLORADO 81611HPC6.1 3D VIEW500 E. DURANT REMODELPRELIMINARY PRICING SET 21030 12/06/2022 3/16" = 1'-0"1 VIEW FROM S. GALENA ST. 3/16" = 1'-0"2 ENCLOSED DINING (215) -WEST 3/16" = 1'-0"3 ENCLOSED DINING (215) -SOUTH 3/16" = 1'-0"4 ENCLOSED DINING (215) -NORTH LIME WASH BLACKENED BRICK RED CEDAR - GREY WEATHERED STAIN ALUMINIUM FRAME (DARK GREY) GLASS PANELS (CLEAR GLAZING) 1 2 3 SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com – SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com – SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com To building drain Field Wired and Piped From building water supply Roof line POINT-TO-POINT SUMMARY OF DRAIN CONNECTION To building drain Field Wired and Piped From building water supply Roof line POINT-TO-POINT SUMMARY OF DRAIN CONNECTION SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com ɸ SHEET NO. SCALE: DWG.#: DRAWN DATE: BY: REVISIONS www.captiveaire.com MASTER DRAWINGDenver Office7300 S Alton Way Building 5, Suite B, Centennial, CO, 80112 PHONE: (720) 570-0981 FAX: (919) 227-5999 EMAIL: reg42@captiveaire.com DATE: CATALOG NUMBER LOGIC: PROJECT:TYPE: THIS DOCUMENT CONTAINS PROPRIETARY INFORMATION OF B-K LIGHTING, INC. AND ITS RECEIPT OR POSSESSION DOES NOT CONVEY ANY RIGHTS TO REPRODUCE, DISCLOSE ITS CONTENTS, OR TO MANUFACTURE, USE OR SELL ANYTHING IT MAY DESCRIBE. REPRODUCTION, DISCLOSURE OR USE WITHOUT SPECIFIC WRITTEN AUTHORIZATION OF B-K LIGHTING, INC. IS STRICTLY FORBIDDEN. 559.438.5800 | INFO@BKLIGHTING.COM | BKLIGHTING.COMMADE IN THE USA EL DORADO LED CATALOG NUMBER LOGIC Example: B - ED - LED - e65/e65 - NSP/MFL - A9/A9 - BLP - 12/12 - 11/11 - B MATERIAL (Blank) - Aluminum B - Brass S - Stainless Steel SERIES ED - El Dorado SOURCE LED - with Integral Dimming Driver (25W min. load when dimmed)* LED TYPE e64 - 7W LED/2700K e66 - 7W LED/4000K e65 - 7W LED/3000K e74 - 7W LED/Amber OPTICS NSP - Spot (13°) MFL - Medium Flood (23°) SP - Spot (16°) WFL - Wide Flood (31°) ADJUST-E-LUME OUTPUT INTENSITY** A9 (Standard), A8, A7, A6, A5, A4, A3, A2, A1 FINISH (See page 2 for full-color swatches) Standard Finishes (BZP, BZW, BLP, BLW, WHP, WHW, SAP, VER) Premium Finish (ABP, AMG, AQW, BCM, BGE, BPP, CAP, CMG, CRI, CRM, HUG, MDS, NBP, OCP, RMG, SDS, SMG, TXF, WCP, WIR) Also available in RAL Finishes Brass Finishes (MAC, POL, MIT) Stainless Steel Finishes (MAC, POL) LENS TYPE*** 12 - Soft Focus 13 - Rectilinear SHIELDING*** 11 - Honeycomb Baffle x 2 CAP STYLE A - 45° B - 90° C - Flush D - 45° Less Weephole (Interior use only) E - 90° Less Weephole (Interior use only) F - 90° with Flush 07/26/2021 SKU-777 *Requires magnetic low voltage dimmer. **Please see Adjust-e-Lume photometry to determine desired intensity. ***Accommodates up to 2 lens/shielding media. Two lens/shielding prices required. SUB000943 DATE:PROJECT:TYPE: THIS DOCUMENT CONTAINS PROPRIETARY INFORMATION OF B-K LIGHTING, INC. AND ITS RECEIPT OR POSSESSION DOES NOT CONVEY ANY RIGHTS TO REPRODUCE, DISCLOSE ITS CONTENTS, OR TO MANUFACTURE, USE OR SELL ANYTHING IT MAY DESCRIBE. REPRODUCTION, DISCLOSURE OR USE WITHOUT SPECIFIC WRITTEN AUTHORIZATION OF B-K LIGHTING, INC. IS STRICTLY FORBIDDEN. 559.438.5800 | INFO@BKLIGHTING.COM | BKLIGHTING.COMMADE IN THE USA Satin Black (BLP) Satin Bronze (BZP) Satin White (WHP) Black Wrinkle (BLW) Bronze Wrinkle (BZW) White Wrinkle (WHW) Ve rde (VER) Satin Aluminum (SAP) Cascade Mtn. Granite (CMG) Black Chrome (BCM) Cracked Ice (CRI) We athered Iron (WIR) Rocky Mtn. Granite (RMG) Beige (BGE) Mojave Desert Sandstone (MDS) Clear Anodized Powder (CAP) Sierra Mtn Granite (SMG) Weathered Copper (WCP) Antique Brass Powder (ABP) Cream (CRM) Aleutian Mtn Granite (AMG) Old Copper (OCP) Brown Patina Powder (BPP) Antique White (AQW) Te xtured Forest (TXF) Hunter Green (HUG) Sonoran Desert Sandstone (SDS) Natural Brass Powder (NBP) STANDARD FINISHES PREMIUM FINISHES Click Here to view larger, full-color swatches of all available finishes on our website. EL DORADO LED 7"(127mm) 4"(102mm) 3/8"(10mm) (57mm) (356mm)14" 2 1/4" Dia. “A/D” CAP (57mm) 8"(203mm) 2 1/4" Dia. “C” CAP (254mm) (57mm) 10" 2 1/4" Dia. “B/E/F” CAP (127mm)5" 4"(102mm) 3/8"(10mm) (25mm) 1 " 4" (102mm) 3/8”(10mm) 4"(102mm) 07/26/2021 SKU-777 SUB000943 DATE:PROJECT:TYPE: Accessories (Configure separately)Drivers (Configure separately) SPECIFICATIONS THIS DOCUMENT CONTAINS PROPRIETARY INFORMATION OF B-K LIGHTING, INC. AND ITS RECEIPT OR POSSESSION DOES NOT CONVEY ANY RIGHTS TO REPRODUCE, DISCLOSE ITS CONTENTS, OR TO MANUFACTURE, USE OR SELL ANYTHING IT MAY DESCRIBE. REPRODUCTION, DISCLOSURE OR USE WITHOUT SPECIFIC WRITTEN AUTHORIZATION OF B-K LIGHTING, INC. IS STRICTLY FORBIDDEN. 559.438.5800 | INFO@BKLIGHTING.COM | BKLIGHTING.COMMADE IN THE USA ELECTRICAL PHYSICAL WATTAGE (2x) 7W WIRING XLPE, 18GA,150C, 600V, rated and certified to UL3321. REMOTE TRANSFORMER For use with 12VAC remote transformer or magnetic transformers only. B-K Lighting cannot guarantee performance with third party manufacturers’ transformers. MATERIALS Furnished in copper-free aluminum (6061-T6), brass (360) or stainless steel (304). BODY Unibody design with enclosed, water-proof wireway and integral heat sink is fully machined from solid billet. CAP Fully machined and accommodates two (2) lens or louver media. LENS Shock-resistant, tempered glass lens is factory adhered to fixture cap and provides hermetically sealed optical compartment. LED Integrated solid state system and modular design with electrical disconnects allow for easy field upgrade and maintenance. High power, forward throw source complies with ANSI C78.377 binning requirements and exceeds ENERGY STAR® lumen maintenance requirements. LM-80 certified components. Integral, constant current driver. 12VAC/VDC input. 50/60Hz. Proprietary input control scheme achieves power factor correction and eliminates inrush current (limited to <250mA non-dimming). Output, overvoltage, open- circuit, and short circuit protected. Conforms to Safety Std. C22.2 No. 250.13-12. DIMMING Line voltage dimmable via magnetic low voltage dimmer with dedicated neutral conductor. Remote magnetic transformer with LED loads should be loaded to 25% of the transformer VA (watts) rated value. OPTICS Interchangeable OPTIKIT modules permit optical field changes. Color-code: Narrow Spot (NSP) = red; Spot (SP) = green; Medium Flood (MFL) = yellow; Wide Flood (WFL) = blue. ADJUST-E-LUME Integral electronics allows dynamic lumen response at the individual fixture. Indexed (100% to 25% nom.) lumen output. Maintains output at desired level or may be changed. Specify factory preset output intensity. INSTALLATION 5” dia., machined canopy with stainless steel universal mounting ring permits mounting to 4’’ octagonal junction box (by others). HARDWARE Tamper-resistant, stainless steel hardware. Knuckle vertical aiming screw is black oxide treated for additional corrosion resistance. FINISH StarGuard, our 15-stage chromate-free process cleans and conversion coats aluminum components prior to application of Class ‘A’ TGIC polyester powder coating and is RoHS compliant. Powder coat or metal finish options available for brass material and metal finish option only for stainless steel material. WARRANTY 5-year limited warranty. CERTIFICATION & LISTING ITL tested to IESNA LM-79. UL Listed. Certified to CAN/CSA/ANSI Standards. RoHS compliant. Suitable for indoor or outdoor use, in wet locations, and for installation within 4’ of the ground. Made in the USA with sustainable processes. TR SeriesTR Series UPMRMUPMRM 07/26/2021 SKU-777 SUB000943 EL DORADO LED DATE: CATALOG NUMBER LOGIC: PROJECT:TYPE: THIS DOCUMENT CONTAINS PROPRIETARY INFORMATION OF B-K LIGHTING, INC. AND ITS RECEIPT OR POSSESSION DOES NOT CONVEY ANY RIGHTS TO REPRODUCE, DISCLOSE ITS CONTENTS, OR TO MANUFACTURE, USE OR SELL ANYTHING IT MAY DESCRIBE. REPRODUCTION, DISCLOSURE OR USE WITHOUT SPECIFIC WRITTEN AUTHORIZATION OF B-K LIGHTING, INC. IS STRICTLY FORBIDDEN. 559.438.5800 | INFO@BKLIGHTING.COM | BKLIGHTING.COMBKLIGHTING.COMMADE IN THE USA LAMP & DRIVER DATA (e64, e65, e66, e74) LM79 DATA L70 DATA OPTICAL DATA BK No.CCT (Typ.) CRI (Typ.) Input Watts (Typ.) Minimum Rated Life (hrs.) 70% of initial lumens (L70)Angle CBCP Delivered Lumens Multiplier e64 2700K 80 7 50,000 13°5993 456 0.87 2700K 80 7 50,000 16°4546 445 0.87 2700K 80 7 50,000 23°1726 397 0.87 2700K 80 7 50,000 31°1131 399 0.87 e65 3000K 80 7 50,000 13°6131 466 0.89 3000K 80 7 50,000 16°4650 455 0.89 3000K 80 7 50,000 23 1766 406 0.89 3000K 80 7 50,000 31°1157 409 0.89 e66 4000K 80 7 50,000 13°6889 524 4000K 80 7 50,000 16°5225 511 4000K 80 7 50,000 23°1984 456 4000K 80 7 50,000 31°1300 459 e74 Amber 80 7 50,000 13°3,927 299 0.57 Amber 80 7 50,000 16°2,978 291 0.57 Amber 80 7 50,000 23°1,131 260 0.57 Amber 80 7 50,000 31 °74 1 262 0.57 OPTICS Optic Angle NSP - Narrow Spot 13° SP - Spot 16° MFL - Medium Flood 23° WFL - Wide Flood 31° DRIVER DATA Input Volts InRush Current Operating Dimmable Operation Ambient Temperature 12VAC/DC 50/60Hz <250mA (non-dimmed) 700mA Magnetic Low Voltage Dimmer -22°F-194°F (-30°C - 90°C) October 28, 2022 Updated November 11, 2022 City of Aspen Referral Departments Attn: Amy Simon, Planning Wyatt Young, Engineering Denis Murray, Building Sophie Vargas, Zoning CJ Oliver and Ainsely Brosnan-Smith, EH All: Please find responses to your referral comments below. We look forward to moving this project forward to HPC. Please reach out with any additional information you need for your review. Thank you, Sara PARKS Parks will require at least two street trees to be planted along Durant Avenue in the ROW, which shall include irrigation and grates for the trees. If the City Forester allows removal of the maple tree, mitigation will be charged but can be offset by the new ROW trees. Response - We will address street trees and apply for a tree removal permit at the time of building permit application. BUILDING Please address the following: 1) The project qualifies for Section 12.10 Allotment for Trash and Recycling. They will need to provide the required space 300 sq ft for trash and recycling. 2) The accessible route is required to be interior when an interior route is provided. This design has an exterior elevator and an interior stairway. Response - The project does not qualify for Section 12.10 as the increase in net leasable is less than the required 250 sf that triggers compliance. We are working directly with Environmental Health on this topic. • A common interior hallway is added to the second floor linking the elevator to the restaurant space to comply as discussed with the Building Department. • A lift is added along the east elevation to provide access to the trash compactor located along the alley. • An interior connection between the T-shirt shop and restrooms is provided. Updated plans are attached. ENGINEERING A conceptual drainage report and plan is required at land use per Section 1.3.1 of COA Engineering Standards: Land Use and Report Submittal Requirements. If this commercial interior and exterior remodel trigger a Major Engineering review then the on- site stormwater, drainage, utilities and public improvements will need to be brought into compliance with all current COA standards. If the pre project impervious area lot coverage is greater than 50% of the property and the interior remodel is greater than 50% of the building footprint, a major grading plan is required. If a Major Grading and Drainage Plan is required, public improvements must be incorporated into the plan. A Utility Plan is required for any new utility line or alterations to an existing utility. Response – A conceptual drainage report and plan is attached. A utility plan, if required will be included in the building permit application. The existing dumpsters located partially in the right of way will be relocated on property as discussed below. Note: We met with Ron Christian onsite November 3, 2022 (email attached). He confirmed that we can use the existing transformer. He requested that we look into replacing the electric cabinet and shifting the existing trash compactor toward the north property line to provide some clearance. ZONING Net Leasable Area Plans - HPC3.2, 3.3 • First Floor: o A portion of the Receiving area is shaded as Net Leasable Area. Please elaborate as to what is occurring here. Response – This is common receiving for the restaurant and for Belly up. • Second Floor: o It is unclear how the corridor will be maintained as shared space while food is moved from the dumbwaiter to the restaurant. Please provide a narrative as to how this will operate. Response - The corridor is shared with commercial and restaurant spaces. It provides commercial space with access to the common restroom and access from the elevator to the commercial spaces along the east elevation. Wait staff from the upper level restaurant will take food from the dumbwaiter and walk through the doors to access the restaurant. The operations between the commercial and restaurant do not impact zoning. o Is storage area 243 (shown as Net Leasable Area) enclosed? Response – There are folding doors. It is a counter with cabinets above to stage the food coming up the dumbwaiter. o A seasonal balcony does not meet the definition of Net Leasable Area. It is not space interior to the building (see 26.575.020(i)). Please refer to the Temporary and Seasonal Uses Chapter of the Land Use Code (26.450). Response- I applied 26.575.020.i.1 to count the seasonal enclosure as net leasable area. We do not want a seasonal 10 year approval for the space and prefer for it to be incorporated into the GMQS review now. • Please confirm that columns internal to units are included in Net Leasable Area Calculations. Response – Yes, columns are included. Due to the amount of available floor area left on the parcel, the following comments can be addressed at permit review: 1. Survey a. Add Gross Lot Area to the Survey. Development rights are based off of the lot area. 2. Floor Area Plans, Basement - HPC2.1 a. With the information provided we are unable to verify the change in finished floor shown in the wall elevations. Additional information will be required. 3. Floor Area Plans, First Floor - HPC2.2 a. The size of the interior airlock is represented as 100 square feet of floor area and net leasable area. These two areas are measured in different ways and cannot be the same. Net leasable area is measured from interior wall to interior wall; floor area is measured to the exterior wall. b. Code: 26.575.020(d), 26.575.020(i) This memorandum summarizes major items. A variety of other requirements &/or changes may be necessary for building permit submittal and zoning review. Response – Comments 1 – 3 above will be reconciled in the building permit application as noted. ENVIRONMENTAL HEALTH The property has 3 3-yard dumpsters, a trash compactor that is not used by tenants, and an oil/grease container. The dumpsters have been located along the alley since the building was constructed. We are not aware of any complaints about trash and recycle at this property. In 2021 we met with Liz Chapman to discuss trash and recycle during the early design phase of the this project. She commented on the cleanliness of the trash and recycle area and did not recommend any changes. Even though the dumpsters have been in place for at least 2 decades and have never received a complaint, the Engineering Department is unwilling to grant an encroachment license for them to remain as is. We have redesigned the trash and recycle areas to be fully on property by rerouting the gas lines and utilities, and using 96-gallon toters to fit in the small space between the property line and the building along the alley. Existing conditions 2 – 3 yard recycle (12 96-gallon toters) with 2x a week pick up 1 – 3 yard trash (6 96-gallon toters) with 3x a week pick up 1 - trash compactor which is not currently used 1 – 150 gallon oil/grease container every 4 - 6 months Total: 3- 3yard dumpsters equal to 18 96-gallon toters + oil/grease trap (compactor is not currently used) Note: The dumpsters are never full or even at half capacity right now. Comparable restaurant size - Matsuhisa 3 – 96 gallon recycling 7x a week 1 – 3 yard trash (equal to 6-96 gallon toters) 7x a week 1 – 150 gallon oil/grease container once a month Total: 9 96-gallon toters + oil/grase trap. Matsuhisa has a similar sized restaurant to the proposed project; however Matsuhisa does not have compost or a trash compactor onsite both of which are proposed at 500 E. Durant. The proposed trash/recycle/compost for the property which includes 2 restaurants, a small T-shirt shop, small offices, and the Belly Up is below: Proposed trash/recycle/compost 4- 96 gallon toters recycling 6x a week 2- 96 gallon toters trash 6x a week (trash compactor will be operational) 3- 96 gallon toters compost 6x a week 1 - 150 gallon oil/grease container once a month if needed 1 - trash compactor as needed Total: 9 96-gallon toters + oil/grease trap + trash compactor. We are more than doubling the frequency of pick up, therefore we can cut the existing number of bins in half to determine what is needed for a daily pick up – rather than 18 toters, we need 9 toters and to actually use the trash compactor. There is no compost currently onsite - 3 compost bins will facilitate more trash going into the compactor and allow more bins for recycling. The majority of the Belly Up trash is recycled bottles. Any additional trash and recycle needs will be accommodated through a shared agreement with the adjacent property owner, or the property owner across the alley to the east. October 28, 2022 PINNACLE DESIGN CONSULTING GROUP, INC. Mr. Wyatt Young 0805 BUCKPOINT ROAD • City of Aspen Engineering Department CARBONDALE, CO 81623 427 Rio Grand Place 970-963-2170 •970-704-0215 FAX Aspen, Colorado RE: 500 E. DURANT - REMODEL DRAINAGE PLAN Dear Wyatt: Pursuant to your request, I am providing water quality control volume calculations for the proposed redevelopment of the property located at 500 E. Durant in Aspen, Colorado. This is to verify that the property can be redeveloped while meeting the City of Aspen Urban Runoff Management Plan (URMP) requirements. The existing wood frame structure located on the property is three (3) stories and includes a total floor area of 14,999 square feet. As part of the proposed improvements, we are proposing the capture all roof and deck areas and route the associated runoff to permeable pavers. The water quality control volume calculations for the roof and deck areas are as follows: 500 E. DURANT WATER QUALITY CALCULATIONS Area WQCV East Basin 3830 79.8 ft3 West Basin 2551 53.1 ft3 A portion of the permeable pavers that are proposed for water quality mitigation will be in the public right-of-way. This occurs on the west side of the building. In the other instance the permeable pavers will be on private property. In both cases there is sufficient area to treat the project for water quality with permeable pavers. See attached drainage basin drawing. Please feel free to give me a call if you have any questions. October 28, 2022 Mr. Wyatt Young Page 2 of 2 Sincerely, Hans E. Brucker, PE, PLS PINNACLE DESIGN CONSULTING GROUP, INC. HEB/heb From:Denis Murray To:Sara Adams Subject:RE: Belly Up accessible route revised Date:Wednesday, November 9, 2022 4:55:27 PM Attachments:image001.png image002.png We rather non mechanical methods but this works and I believe satisfies the requirement. thanks Denis Murray (He/Him/His) Plan Examination Manager | Community Development Department OFFICE 970.429-2761 CELL 970-309-6283 FAX 970-920-5440 www.cityofaspen.com Please note that my email address has changed. The City of Aspen is moving to a more secure and identifiable .GOV address for public communications. Please update your email contacts. Our Values: Stewardship | Partnership | Service | Innovation Notice and Disclaimer: This message is intended only for the individual or entity to which it is addressed and may contain information that is confidential and exempt from disclosure pursuant to applicable law. If you are not the intended recipient, please reply to the sender that you have received the message in error and then delete it. Further, the information or opinions contained in this email are advisory in nature only and are not binding on the City of Aspen. If applicable, the information and opinions contained in the email are based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The opinions and information contained herein do not create a legal or vested right or any claim of detrimental reliance. From: Sara Adams <sara@bendonadams.com> Sent: Wednesday, November 9, 2022 2:33 PM To: Denis Murray <denis.murray@aspen.gov> Subject: FW: Belly Up accessible route revised Hey Denis- any thoughts on these updates? Thanks! S From: Sara Adams Sent: Tuesday, November 8, 2022 1:04 PM To: Denis Murray <denis.murray@aspen.gov> Subject: Belly Up accessible route revised Hi Denis, Please review the narrative below that explains reasons to redesign the ramping on the east elevation. Please let me know your thoughts on this and if we need to make more revisions to meet ANSI. Thanks, Sara From: Stephen Williams <stephen@claytonkorte.com> Sent: Tuesday, November 8, 2022 11:42 AM To: Sara Adams <sara@bendonadams.com> Subject: FW: 21030 - Aspen (Floor plan Updates) Good morning Sara, I’ve attached a revised easement plan to this email for your reference and review. There are a few things to note here regarding revisions: 1 – there are concerns brought up with the contractor regarding existing subgrade conditions and adjacent building water proofing that are somewhat out of our control. His concerns are that a) we’ll run into a condition below grade that will preclude us from performing / following through with the grading revisions to accommodate the new ramp and b) by disturbing subgrade conditions along the adjacent building (ajax building) we may introduce a waterproofing issue that will be difficult to solve causing issues with the adjacent building owner. 2 – the operator has informed us that upon reviewing all aspects of tenant operations in the building, the ramp and subsequent required intermediate landing at the mid-point on the ramp plan introduce some logistical issues that will be challenging to overcome. 3- we review the existing conditions in greater detail and concluded that the required ADA landing clearances are so tight that any deviation from the plan either via unknown existing conditions or other additional required infrastructure will result in a non-compliant condition. We’ve concluded that based on these factors, the best course of action is to follow Ron’s guidance and move the compactor further north to gain additional clearance on the transformer and rotate the switchgear to the building face to allow for additional clearance at that equipment. This would allow us to widen the existing stair to some degree in order to accommodate a stowable inclined platform lift to mitigate the grade change at that location. This eliminates the ramp altogether and allows for a larger servicing area for the existing / proposed electrical equipment and limits and potential future issues but leave subgrade and existing water proofing elements intact. Please let us know what your thoughts are. Stephen Williams, AIA | Architect Clayton Korte 429 N. St. Mary’s Street San Antonio, Texas 78205 o. 210-446-7556 x 307 www.claytonkorte.com From: Gerardo Batres <gerardo@claytonkorte.com> Sent: Tuesday, November 8, 2022 11:34 AM To: Stephen Williams <stephen@claytonkorte.com> Subject: 21030 - Aspen (Floor plan Updates) Hey Stephen! Attached to this email is the PDF with the Updated floor plan and annotations. Thanks! Gerardo Batres | Project Designer Clayton Korte 429 N. St. Mary’s Street San Antonio, Texas 78205 o. 210-446-7556 x 312 c. 726-348-0248 www.claytonkorte.com From:Ron Christian To:Sara Adams Cc:stephen@claytonkorte.com; Michael Goldberg; David Goldberg; Danny Goldberg Subject:RE: follow up on site visit Date:Thursday, November 3, 2022 2:51:08 PM Hey Sara, yes nice meeting with you guys today. I think you have it covered. We really do need that compactor moved in case that existing transformer has issues or goes out. A newer transformer would most likely not fit in there as they have cooling fins now and they would hit the compactor. If the existing transformer did go bad we would have to wait for the compactor to get moved in order to get a new transformer installed and the power turned back on. That could take hours which is not good for us or anyone in the building. Thanks, Ron From: Sara Adams <sara@bendonadams.com> Sent: Thursday, November 3, 2022 2:38 PM To: Ron Christian <ron.christian@aspen.gov> Cc: stephen@claytonkorte.com; Michael Goldberg <mag@aerolease.com>; David Goldberg <David@bellyupaspen.com>; Danny Goldberg <Danny@bellyupaspen.com> Subject: follow up on site visit Hi Ron, Thanks for meeting us outside today. In summary, the existing transformer can remain as is. We need to maintain 3’ clearance from the transformer on the south and east sides, and will shift the compactor north toward the alley if possible to provide a little more space between the transformer and compactor. Durgin Electric will evaluate the switch board cabinet and meters to replace with modern equipment, and potentially mount on the side of the building if possible. We need 1200 – 1800 amps for the building, which can be served by the existing transformer and the existing cables. Please add to anything I missed. Thanks again! Sara Sara Adams, AICP 970.925-2855 (o) 610.246.3236 (m) www.bendonadams.com REGULAR MEETING HISTORIC PRESERVATION COMMISSION DECEMBER 14TH, 2022 Chairperson Thompson opened the regular meeting of the Aspen Historic Preservation Commission at 4:30pm. Commissioners in attendance: Jeffrey Halferty, Roger Moyer, Peter Fornell, Jodi Surfas, and Kara Thompson. Staff present: Amy Simon, Planning Director Kate Johnson, Assistant City Attorney Mike Sear, Deputy City Clerk MINUTES: Mr. Moyer moved to approve the minutes from 5/11/22 and 11/9/22. Mr. Halferty seconded. All in favor, motion passes. PUBLIC COMMENTS: None. COMMISSION MEMBER COMMENTS: None. DISCLOSURE OF CONFLICTS OF INTEREST: None PROJECT MONITORING: Ms. Simon mentioned that she needed to work with a few members on some of their projects. Mr. Moyer then asked about “No Problem Joe’s” old house. He said he noticed a south side window was missing and a piece of plywood was put up and he was wondering if they were restoring the window. Ms. Simon said she would need to look into it. STAFF COMMENTS: Ms. Simon said that the Elks Building was preparing for some restoration, including repointing, and have hired the same group that worked on the Wheeler Opera House. Mr. Moyer asked if there were any updates on the painted brick buildings in town and the maintenance manual. Ms. Simon said that a report had been put together on the painted buildings which she would present at an upcoming meeting and that the maintenance manual was still in progress. Mr. Halferty asked about an update from the siding consultants. Ms. Simon described the goals of the project and updated the progress. CERTIFICATE OF NO NEGATIVE EFFECT: None. CALL UP REPORTS: Ms. Simon said that both the 434 E. Cooper and 520 E. Cooper items had gone to Council, and they upheld HPC’s decision and also that the porch roof at Jing item went to Council and they upheld HPC’s decision but did not let Jing install the proposed panels. SUBMIT PUBLIC NOTICE FOR AGENDA ITEMS: Ms. Johnson said that she reviewed public notice, and that notice was provided per the code for the new business item of 500 E. Durant. REGULAR MEETING HISTORIC PRESERVATION COMMISSION DECEMBER 14TH, 2022 OLD BUSINESS: 205 W. Main Street - Conceptual Major Development, Relocation, Certificates of Affordable Housing Credits, Growth Management Quota System, Special Review, Transportation and Parking Management – CONTINUE PUBLIC HEARING TO JANUARY 25th, 2023. MOTION: Ms. Thompson moved to continue the Public Hearing to January 25th, 2023. Mr. Halferty seconded. All in Favor, motion passes. NEW BUSINESS: 500 E. Durant – Minor Development Review and Commercial Design Review, PUBLIC HEARING Applicant Presentation: Chris Bendon – Bendon Adams Mr. Bendon began by introducing the Belly Up building and described a few of the tenants. He also introduced Paul Clayton and Stephen Williams from Clayton Korte Architects and Michael Goldberg from the Belly Up. Mr. Bendon mentioned that the applicant was doing mostly interior changes and he went over a brief history of the building and described its location, noting that it is not listed as a historic building and that there are no historic buildings on the block face, but the building does live in the historic commercial core district. Next, he described some of the interior changes planned. He showed the current condition of the Galena St. façade and a rendering of the proposed exterior changes, noting that this would include an extension of the elevator, the removal of an exterior stair access and also a materials refresh. He then showed the current conditions of the Durant façade and a rendering of the proposed exterior changes to include an updated window packet. A sample of the window packet was then passed around to the members. He then pointed out the proposed extended balcony compared to the two smaller separate existing balconies. The proposed balcony would extend across the whole south façade. A site plan of the ground floor was shown, and Mr. Bendon pointed out the proposed outdoor dining area. He mentioned that the redesign maintains the character defining features of the main roof gable and modernizes the materials of the balcony. Next Mr. Bendon showed a few pictures of existing buildings in the core and highlighted different ways that brick has been treated. He then described their proposed mineral wash for the brick columns and noted that it was a point that staff wanted to be discussed with HPC. He went over some of their reasons for choosing it, including that is a water-based product that is removable and does not seal the brick. Then a few samples of the product applied to brick were passed around and he noted that the existing brick on the building is a much harder material than what’s found on most historic buildings in town. He then said that they believe the related guidelines have been met and when over their reasoning for this. Mr. Bendon then turned it over to Michael Goldberg for a few comments. Mr. Goldberg mentioned that they have spent over a year developing this concept and think they have something really exciting to offer this corner of town. Ms. Thompson asked about the proposed extension of the elevator, particularly the overrun because those typically come back at permit submittal, bigger than what is originally proposed. Mr. Clayton said that there would be no overrun as they are only extending the existing Lula lift. Regarding the posts and beams proposed for the porch extension to support the upper balcony, Ms. Thompson said it looked like they had intentionally aligned them out of character with the chalet style of the building and asked if that was on purpose. Mr. Clayton said yes and described their reasoning related to the existing design of the building. REGULAR MEETING HISTORIC PRESERVATION COMMISSION DECEMBER 14TH, 2022 Mr. Moyer asked who the manufacturer of the mineral wash was. Mr. Clayton said it was Chateau Domingue out of Houston. Mr. Moyer asked if a sealer was required before application and about the removal process. Mr. Clayton said no sealer is required and that it can be removed by power washing. Mr. Halferty asked how the mineral wash is applied and about its opacity. Mr. Clayton said it is applied by brush and that it is very opaque. Ms. Thompson asked if they had tested the mineral wash on the grout to which Mr. Clayton said no, just on brick samples. Staff Presentation: Amy Simon – Planning Director Ms. Simon started by noting that there had been several discussions with other City Departments prior to this meeting, including Environmental Health and Engineering related to trash storage in the alley and drainage issues on the outdoor patio on Durant. She noted that the applicant is actually decreasing the net leasable space so there is no concern that more employees would be generated. Two spinoff reviews related to Growth Management and view planes were mentioned and described. Those would take place after HPC’s review. Ms. Simon went on to describe some of the history of the building and noted that while it was not a designated historic building it does represent an important era of the development of downtown. Some historical pictures of downtown were shown. Ms. Simon then went over some things staff had pointed out in the memo related to the guidelines. These included the window design and mineral wash. She mentioned that staff is really opposed to the use of the mineral wash for many reasons. One of which is that a very strong characteristic of the downtown core is the use of natural red masonry and staff believes that this needs to be respected. She said that there is a real potential loss of identity downtown if the material compatibility continues to be erased. She showed pictures of two adjacent buildings where red brick is seen. She expressed some concern over the durability of the mineral wash and said that staff is recommending against any type of coating of the brick, which is the only condition of approval in the resolution. She said there is a lot of good here and that staff recommends approval of this with the condition to not coat the brick. PUBLIC COMMENT: Jimmy Marcus stated that this was one of the earlier buildings that his father had built and while it may not have been designed by a notable architect, they are very proud it is still here and are glad it won’t be heading to the landfill. He said this is their one chance to breath new life into the building for another 50 years and thought the proposed design honored its history but gave it a bit more of a contemporary clean look. He thought that the red brick on the building looked very dated. BOARD DISCUSSION: Ms. Thompson opened board discussion by thanking the applicants. She noted the main issue of discussion would be the brick. Mr. Halferty also thanked the applicants and said he thought the application met many of the guidelines. He said that whatever they do on the board he always wants to make it is retrievable. He noted that for other material types like wood siding they don’t get into colors, but for the brick here thought it should be restudied. Knowing the applicants concern about the existing brick and also staff’s comments about protecting the overall neighborhood and how the brick was used historically, he hoped there would be a way to address both concerns. He asked for a good mockup of the brick coating to be approved by staff and monitor. He was in support of the application, with more details about the brick coating and a mockup to be provided and approved. REGULAR MEETING HISTORIC PRESERVATION COMMISSION DECEMBER 14TH, 2022 Ms. Surfas asked if the issue with the wash was its application or its color. She felt she was hearing both concerns. Ms. Thompson thought that staff’s concern was about any treatment to any brick. Ms. Simon said the design guidelines for the entire neighborhood talk of natural red toned bricks being important to the character of the downtown. She said the main concern is not the actual color of the coating, but more about erasing that character and definition of the brick and grout lines. Mr. Bendon said that the grout lines would still be visible with the wash, and you will still see the individual bricks and grout lines. Ms. Surfas said she was still conflicted as the concerns she was hearing from Ms. Simon were different from the concerns about washing brick with a coating and what happens to the brick. There was then some discussion about the differing concerns. Mr. Fornell said he was satisfied with the application as being presented and stated that the building is in the Historic District but is not a historic building. He said he would be looking at this differently if this was a historic asset, but the other option of the applicant would be demolition. He agreed with Mr. Halferty about the use of a mockup of the brick wash to be reviewed by staff and monitor. Ms. Thompson said her concern was with the opaqueness of the wash. She heard the applicant say that the grout lines would still be visible, but she really didn’t believe it and would like to see a sample of it applied. Mr. Moyer said he thought it was a fine project and meets all the guidelines. On this this building he did not oppose the mineral wash product. He said that if this building was in the middle of a row of historic buildings, he might be more in tune with staff’s concerns about maintaining the brick, but this is an isolated building. He asked some questions about the product details and its manufacturer. He then said that the board needed to have further discussion about washing brick located in the historic core but on non-historic buildings. He also agreed with Mr. Halferty on the importance of a mockup. MOTION: Ms. Thompson moved to approve the next resolution in the series with the revision to section #1 to include a requirement that a sample of the brick finish be applied in an inconspicuous location on the building including both the brick and mortar to be reviewed by staff and monitor and to brought back to the board if an acceptable application is not agreed upon. The motion also included striking the window condition. Mr. Moyer seconded. Roll call vote: Mr. Fornell, yes; Mr. Moyer, yes; Ms. Surfas, yes; Mr. Halferty, yes; Ms. Thompson, yes. 5-0: All in favor, motion passes. Mr. Moyer was assigned to be the monitor on the project. ADJOURN: Ms. Thompson motioned to adjourn the regular meeting. Mr. Moyer seconded. All in favor; motion passes. ____________________ Mike Sear, Deputy City Clerk RECEPTION* 692092, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 12/16/2022 at 01:38:22 PM Ingrid K. Grueter, Pitkin County, CO Ai SOLUTION #18, SERIES OF 2022 A RESOLUTION OF THE ASPEN HISTORIC PRESERVATION COMMISSION (HPC) GRANTING MINOR DEVELOPMENT REVIEW AND COMMERCIAL DESIGN REVIEW FOR THE PROPERTY LOCATED AT 500 E. DURANT AVENUE, DURANT GALENA CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2737-182-22-007 and 008, and 2737-182-22-800 WHEREAS, the applicant, 450 S Galena Investors, LLC with the consent of property co-owner Marcus Galena Durant, LLC, has requested HPC approval for Minor Development and Commercial Design Review for the property located at 500 E. Durant, Durant Galena Condominiums, City and Townsite of Aspen, Colorado; and WHEREAS, Section 26.415.070 of the Municipal Code states that "no building or structure shall be erected, constructed, enlarged, altered, repaired, relocated or improved involving a designated historic property or district until plans or sufficient information have been submitted to the Community Development Director and approved in accordance with the procedures established for their review;" and WHEREAS, for Minor Development Review, the HPC must review the application, a staff analysis report and the evidence presented at a hearing to determine the project's conformance with the City of Aspen Historic Preservation Design Guidelines per Section 26.415.070.0 of the Municipal Code and other applicable Code Sections. The HPC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny; and WHEREAS, for approval of Commercial Design Review, the application shall meet the requirements of Aspen Municipal Code Section 26.412, Commercial Design Review; and WHEREAS, Community Development Department staff reviewed the application for compliance with applicable review standards and recommends approval with conditions; and WHEREAS, HPC reviewed the project on December 14, 2022, considered the application, the staff memo and public comment, and found the proposal consistent with the review standards and granted approval with conditions by a vote of 5-0. NOW, THEREFORE, BE IT RESOLVED: That HPC hereby approves Minor Development and Commercial Design Review for 500 E. Durant, Durant Galena Condominiums, City and Townsite of Aspen, Colorado, City and Townsite of Aspen, CO as follows: Section 1: Minor Development and Commercial Design Review. HPC hereby approves Minor Development and Commercial Design Review for the project represented in the application, with the requirement that a sample of the brick finish be applied in an inconspicuous location on the building, covering both brick and mortar, for review with staff HPC Resolution #18, Series of 2022 Page 1 of 3 and monitor and to be brought to the board for further discussion if an acceptable application is not agreed upon. The applicant must continue to work with referral agencies to resolve encroachments into public no.w., trash and recycling storage, stormwater mitigation, tree permit requirements, etc. Section 2: Material Representations All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department, the Historic Preservation Commission, or the Aspen City Council are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 3: Existing Litigation This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 4: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: Vested Rights The development approvals granted herein shall constitute a site -specific development plan vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site -specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, the City Clerk shall cause to be published in a newspaper of general circulation within the j urisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes, pertaining to the following described property: 500 E. Durant, Aspen, CO, 81611 HPC Resolution #18, Series of 2022 Page 2 of 3 Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. APPROVED BY THE COMMISSION at its regular meeting on the 14th day of December, 2022. Approved as to Form: Katharine Von4, Assistant City Attorney ATTEST: Mike Sear, Deputy City Clerk Approved as to Content: C-1rmtavll ara hompson, Chair HPC Resolution #18, Series of 2022 Page 3 of 3 Page 1 of 3 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Amy Simon, Planning Director THROUGH: Ben Anderson, Deputy Community Development Director MEETING DATE: January 24, 2023 RE: First Reading of Ordinance #3, Series of 2023, 216 W. Hyman Avenue, Establishment of Transferable Development Rights (TDRs) APPLICANT /OWNER: Ann Mullins REPRESENTATIVE: BendonAdams LOCATION: Street Address: 216 W. Hyman Avenue Legal Description: Lots O and P, Block 53, City and Townsite of Aspen, Colorado Parcel Identification Number: PID#2735-124-63-006 CURRENT ZONING & USE Single-family home R-6, Medium Density Residential PROPOSED ZONING & USE: No change SUMMARY: The owner of 216 W. Hyman Avenue, a landmarked property, requests approval to create up to two Transferable Development Rights (TDRs). STAFF RECOMMENDATION: Staff recommends City Council approve the removal of developable floor area from this property as a means to reduce future impacts to the Victorian era home on the site. Site Locator Map – 216 W. Hyman Page 2 of 3 BACKGROUND: 216 W. Hyman Avenue is a 6,000 sf lot that contains a Victorian era miner’s cottage which has been altered over time with an expansion on the east side, an enclosed front porch, a street-facing garage and a basement/rear addition. These alterations occurred during the long-time ownership of the property by Darcey and Ruth Brown, who also added some Bavarian influenced shutters and color scheme to the home. The scale and some forms and detailing of the 19th century structure remain, and the property also represents early ski era architecture in the community. A detached art studio was constructed at the rear of the property in 2011. Figure 1 – Sanborn Map, 1904 Figure 2 – 216 W. Hyman as seen in 2015 REQUEST OF COUNCIL: The Applicant is requesting the following approval: • Transferable Development Rights (Section 26.535) for the establishment of two TDRs. The Historic Preservation Commission (HPC) is a recommending body on this application, and Aspen City Council is the final review authority. HPC recommended in favor of creating two TDRs at their January 11, 2023 meeting. PROJECT SUMMARY: 216 W. Hyman is a historically landmarked property that qualifies for the preservation benefit to sever and sell unused development rights by establishing TDRs in increments of 250 square feet. The applicant proposes to remove 500 square feet of developable floor area from the property, leaving approximately 500-850 square feet available for future expansion (or conversion to more TDRs), depending on whether the property remains a single-family home or becomes a duplex in the future. Page 3 of 3 STAFF COMMENTS: For the purposes of creating TDRs, the maximum floor area currently allowed for this property is that of a single-family dwelling up to 3,240 square feet. According to the drawings provided in the application: • Allowable Floor Area = 3,240 square feet • Existing floor area = 2,241 square feet, including two new lightwells recently approved by Community Development staff but not yet built • Total floor area remaining = 999 square feet The applicant requests approval to establish up to two TDRs, which will consume all but 499 square feet of allowed development rights on the site. The decision whether to proceed with the execution of the deed restrictions and issuance of one, two, or no TDR certificates is at the owner’s discretion. The value of the TDRs is set by the free-market and the City is not involved in the transaction. Staff finds that the application demonstrates the existence of unused development rights. The proposed conversion of floor area to TDRs will not create or increase any non-conformities on the site. Staff finds the criteria for establishing TDRs are met. RECOMMENDATION: Staff recommends Council approve the request to establish up to two TDRs from this historic property. RECOMMENDED MOTION: “I move to approve Ordinance #3, Series of 2023 on First Reading, to create the opportunity for two Transferable Development Rights to be removed from the property located at 216 W. Hyman Avenue.” CITY MANAGER COMMENTS: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ATTACHMENTS: Ordinance #3, Series of 2023 Exhibit A – Transferable Development Rights (TDR) / Staff Findings Exhibit B – Application Ordinance #3, Series of 2023 216 W. Hyman Avenue Page 1 of 3 ORDINANCE #3 (SERIES OF 2023) AN ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE ESTABLISHMENT OF TRANSFERABLE DEVELOPMENT RIGHTS FOR THE PROPERTY LOCATED AT 216 W. HYMAN AVENUE, LOTS O AND P, BLOCK 53, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: 2735-124-63-006 WHEREAS, the Community Development Department received an application from Ann Mullins, represented by BendonAdams, requesting establishment of Transferable Development Rights (TDRs) for the property located at 216 W. Hyman Avenue, Lots O and P, Block 53, City and Townsite of Aspen; and WHEREAS, the Community Development Department reviewed the proposed application for compliance with the applicable review standards and recommended in favor of the establishment of Transferable Development Rights (TDRs); and WHEREAS, as required by Municipal Code Section 26.535.070, the Historic Preservation Commission reviewed the application on January 11, 2023, considered the recommendation of the Community Development Department and recommended in favor of the establishment of up to two (2) TDRs through Resolution #1, Series of 2023, by a vote of 6 to 0; and WHEREAS, City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendations of the Community Development Director and the Historic Preservation Commission; and, WHEREAS, City Council finds that the development proposal meets or exceeds all the applicable development standards; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN CITY COUNCIL AS FOLLOWS: Section 1: Transferable Development Rights (TDR) Pursuant to the findings set forth above, the City Council does hereby authorize the creation of up to two (2) TDRs from 216 E. Hyman Avenue, with the following conditions: 1. The property owner may decide when and if, as warranted by the TDR market, the development rights will be converted into certificates and sold. Ordinance #3, Series of 2023 216 W. Hyman Avenue Page 2 of 3 2. Upon satisfaction of all requirements, the City and the applicant shall establish a date on which a deed restriction on the property shall be accepted by the City and filed with the Pitkin County Clerk and Recorder, and Historic TDR Certificates shall be validated and issued by the City. 3. Commencing with the severing of the first TDR from the property, the maximum floor area for all development on the lot shall be reduced by 250 square feet for each TDR Certificate issued. 4. Existing and proposed floor area calculations shall be verified for compliance by the City of Aspen Community Development prior to the issuance of Historic TDR Certificates. Section 2: Existing Litigation This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 3: Severability If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: Public Hearing A duly noticed public hearing on this Ordinance was held on the 28th day of February, 2023 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISED as provided by law, by the City Council of the City of Aspen on the 24th day of January, 2023. Attest: Approved as to content: ____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor Ordinance #3, Series of 2023 216 W. Hyman Avenue Page 3 of 3 FINALLY, adopted, passed and approved this _____ day of __________, 2023. Approved as to form: Approved as to content: ____________________________ ____________________________ James R. True, City Attorney Torre, Mayor Attest: ____________________________ Nicole Henning, City Clerk Page 1 of 3 Exhibit A Transferable Development Rights Criteria Staff Findings Section 26.535.070 A historic TDR certificate may be established by the Mayor if the City Council, pursuant to adoption of an ordinance, finds all the following standards met: A. The sending site is a historic landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710, Zone Districts. Properties on which such development is a conditional use shall not be eligible. Staff Findings: 216 W. Hyman is a designated historic landmark that is an eligible sending site that can establish and sever transferable development rights (TDRs). Single-family residential and duplex development are permitted uses in the zone district where the property is located. Staff finds this criterion is met. B. It is demonstrated that the sending site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates requested. Staff Findings: The applicant has provided calculations indicating that at least 999 square feet of unbuilt floor area remains on the lot. Two TDRs totaling 500 square feet of floor area can be removed without creating any floor area deficit. Final floor area calculations shall be verified by the City’s Zoning Department prior to TDR issuance. Staff finds this criterion is met. C. It is demonstrated that the establishment of TDR certificates will not create a nonconformity. In cases where a nonconformity already exists, the action shall not increase the specific nonconformity. Staff Findings: The creation of TDRs will not create or increase a nonconformity. Staff finds this criterion is met. D. The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning for a single-family or duplex residence, and shall not include the potential of the sending site to gain floor area bonuses, exemptions or similar potential development incentives. Properties in the MU Zone District which do not currently contain a single-family home or duplex established prior to the adoption of Ordinance #7, Series of 2005, shall be permitted to base the calculation of TDRs on 100% of the allowable floor area on an equivalent-sized lot in the R-6 zone district. This is only for the purpose of creating TDRs and does not permit the on-site development of 100% of the allowable floor area on an equivalent-sized Page 2 of 3 lot in the R-6 zone district. If the additional 20% of allowable floor area exceeds 500 square feet, the applicant may not request a floor area bonus from HPC at any time in the future. Any development order to develop floor area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Staff Findings: The calculations of unbuilt floor area view the property as a single family home with a maximum floor area of 3,240 square feet. The development on the site is approximately 2,241 square feet. Staff finds that unused floor area is available and this criterion is met. E. The proposed deed restriction permanently restricts the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. For properties with multiple or unlimited floor areas for certain types of allowed uses, the maximum development of the property, independent of the established property use, shall be the floor area of a single-family or duplex residence (whichever is permitted) minus two hundred fifty (250) square feet of floor area multiplies by the number of historic TDR certificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area for a single-family or duplex residence, as may be amended from time to time. The sending site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Staff Findings: At the point of issuing a TDR certificate, the applicant will be required to file a deed restriction that will permanently reduce the allowable floor area by 250 square feet per TDR. All documents shall be reviewed by the City Attorney prior to execution. F. A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. Staff Findings: This is a mandatory process that the applicant must pursue. Page 3 of 3 G. It shall be the responsibility of the sending site property owner to provide building plans and a zoning analysis of the sending site to the satisfaction of the Community Development Director. Certain review fees may be required for the confirmation of built floor area. Staff Findings: The applicant has provided detailed floor area calculations as part of the proposal. Final calculations shall be reviewed by Zoning prior to the issuance of the TDR certificate. H. The sale, assignment, conveyance or other transfer or change in ownership of transferable development rights certificates shall be recorded in the real estate records of the Pitkin County Clerk and Recorder and must be reported by the grantor to the City of Aspen Community Development Department within five (5) days of such transfer. The report of such transfer shall disclose the certificate number, the grantor, the grantee and the total value of the consideration paid for the certificate. Failure to timely or accurately report such transfer shall not render the transferable development right certificate void. Staff Findings: This is a mandatory process that the applicant must pursue. I. TDR certificates may be issued at the pace preferred by the property owner. Staff Findings: N/A J. City Council may find that the creation of TDRs is not the best preservation solution for the affected historic resource and deny the application to create TDRs. HPC shall provide Council with a recommendation. Staff Findings: HPC recommended in favor of establishing up to two (2) TDRs through this application. HPC is a recommending body and City Council is the final authority for granting the TDR request. 300 SO SPRING ST | 202 | ASPEN, CO 81611 970.925.2855 | BENDONADAMS.COM October 6, 2022 City of Aspen Community Development Department c/o Amy Simon/Historic Preservation sent via email Re: 216 West Hyman Avenue – Request to Establish TDRs Dear Ms. Feinberg Lopez, HPC and City Council, 216 West Hyman a 6,000sf designated historic property that contains a circa 1885 miner’s cabin. The property is zoned R-6, Medium Density Residential, which allows single family and duplex homes among other residential based uses. The property is owned by Ann Mullins and is used as a single family home. Ann respectfully requests to establish 2 TDRs. This request is not in conjunction with a development application. Ann is perfectly happy with the size of her home and prefers to permanently remove development pressure from the property by severing 500 sf of floor area. This property has not received a floor area bonus in the past. History The original owner appears to be Martha Yonkers. The property has been altered over time but the basic form of the miner’s cabin remains intact. One likely correct theory is that the two historic landmarks shown on lots O and P were combined into what is now 216 West Hyman Avenue likely around 1950. A review of building permit records shows that the basement and the garage were added in 1953, and the enclosed front porch and a new rear porch were both added in 1955. Figure 1: 1890 Sanborn Map Figure 2: AHS photograph of property circa 1953. In 2010, HPC approved a detached art studio at the rear of the property. On May 11, 2022, an administrative approval was granted to restore a non-street facing window, to remodel the interior, and to add Building Code compliant window wells that increased floor area by about 10 sf. A building permit for this approved project is expected to be submitted in fall 2022. TDR Review Criteria Sec. 26.535.070. - Review criteria for establishment of a historic transferable development right. A historic TDR certificate may be established by the Mayor of the City Council, pursuant to adoption of an ordinance, finds all the following standards met. (a) The sending site is a historic landmark on which the development of a single-family or duplex residence is a permitted use, pursuant to Chapter 26.710, Zone Districts. Properties on which such development is a conditional use shall not be eligible. Response –216 West Hallam Avenue is a historic landmark site and single family or duplex are permitted uses in the R-6 zone district. (b) It is demonstrated that the sending site has permitted unbuilt development rights, for either a single-family or duplex home, equaling or exceeding two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates requested. Response – The allowable floor area is included as an exhibit and summarized below. The current property has 2,231.34 sf of allowable floor area. Table 1: Floor Area analysis Single Family Home Two Detached Homes or Duplex Allowable Floor Area 3,240 sf 3,600 sf Existing Floor Area 2,231.34 sf 2,231.34 sf Unbuilt Floor Area 1,008.66 sf 1,368.66 sf Unbuilt Floor Area After removal of 2 TDRS (500 sf) 508.66 sf 868.66 sf (c) It is demonstrated that the establishment of TDR certificates will not create a nonconformity. In cases where a nonconformity already exists, the action shall not increase the specific nonconformity. Response – A nonconformity is not created or increased as part of this request. (d) The analysis of unbuilt development right shall only include the actual built development, any approved development order, the allowable development right prescribed by zoning for a single-family or duplex residence, and shall not include the potential of the sending site to gain floor area bonuses, exemptions or similar potential development incentives. Properties in the MU Zone District which do not currently contain a single-family home or duplex established prior to the adoption of Ordinance #7, Series of 2005, shall be permitted to base the calculation of TDRs on one hundred percent (100%) of the allowable floor area on an equivalent-sized lot in the R-6 zone district. This is only for the purpose of creating TDRs and does not permit the on-site development of one hundred percent (100%) of the allowable floor area on an equivalent-sized lot in the R-6 zone district. If the additional twenty percent (20%) of allowable floor area exceeds five hundred (500) square feet, the applicant may not request a floor area bonus from HPC at any time in the future. Any development order to develop floor area, beyond that remaining legally connected to the property after establishment of TDR Certificates, shall be considered null and void. Response - The allowable floor area for two detached homes on the subject property is 3,600 sf and a total of 2,241.8 sf of allowable floor area is approved per the 2022 No Negative Effect approval which increases the existing floor area by 10 sf. Considering the 2022 No Negative Effect approval, there will be 1,358.2 sf of unused allowable floor area. Two TDRs equal to 500 sf of floor area is requested which, if severed, will leave 858.2 sf of available unbuilt floor area on the subject parcel if developed as two detached homes and 498.2 sf of available unbuilt floor area if the use continues as a single family home. 216 West Hallam has not received a floor area bonus.1 (e) The proposed deed restriction permanently restricts the maximum development of the property (the sending site) to an allowable floor area not exceeding the allowance for a single-family or duplex residence minus two hundred and fifty (250) square feet of floor area multiplied by the number of historic TDR certificates established. For properties with multiple or unlimited floor areas for certain types of allowed uses, the maximum development of the property, independent of the established property use, shall be the floor area of a single-family or duplex residence (whichever is permitted) minus two hundred fifty (250) square feet of floor area multiplies by the number of historic TDR certificates established. The deed restriction shall not stipulate an absolute floor area, but shall stipulate a square footage reduction from the allowable floor area for a single-family or duplex residence, as may be amended from time to time. The sending site shall remain eligible for certain floor area incentives and/or exemptions as may be authorized by the City Land Use Code, as may be amended from time to time. The form of the deed restriction shall be acceptable to the City Attorney. Response – A draft deed restriction is included in the application for review. It is understood that the property owner may elect to sever up to two TDR certificates and is not obligated to sever both TDRs. It is also understood that floor area equal to the number of TDRs issued is permanently severed from the property upon the recordation of the deed restriction, and not upon approval of an ordinance. (f) A real estate closing has been scheduled at which, upon satisfaction of all relevant requirements, the City shall execute and deliver the applicable number of historic TDR certificates to the sending site property owner and that property owner shall execute and deliver a deed restriction lessening the available development right of the subject property together with the appropriate fee for recording the deed restriction with the County Clerk and Recorder's office. Response – n/a. (g) It shall be the responsibility of the sending site property owner to provide building plans and a zoning analysis of the sending site to the satisfaction of the Community 1 The Land Use Code allows a 6,000 sf historic property to apply for bonus floor area up to 375 sf for a single family home and 15 sf for two detached homes or an attached duplex. Development Director. Certain review fees may be required for the confirmation of built floor area. Response – Please refer to Exhibit K for a zoning analysis and floor area calculations. (h) The sale, assignment, conveyance or other transfer or change in ownership of transferable development rights certificates shall be recorded in the real estate records of the Pitkin County Clerk and Recorder and must be reported by the grantor to the City of Aspen Community Development Department within five (5) days of such transfer. The report of such transfer shall disclose the certificate number, the grantor, the grantee and the total value of the consideration paid for the certificate. Failure to timely or accurately report such transfer shall not render the transferable development right certificate void. Response – n/a. (i) TDR certificates may be issued at the pace preferred by the property owner. Response – It is understood that the property owner may elect to sever up to two TDR certificates and is not obligated to sever both TDRs. It is also understood that floor area equal to the number of TDRs issued is permanently severed from the property upon the recordation of the deed restriction, and not upon approval of an ordinance. (j) City Council may find that the creation of TDRs is not the best preservation solution for the affected historic resource and deny the application to create TDRs. HPC shall provide Council with a recommendation. Response – n/a. Thank you for your consideration of the TDR request. Please contact me with any questions or additional information that will aid your review. We look forward to hearing your comments and presenting this project to HPC and City Council for review. Sincerely, Sara Adams sara@bendonadams.com 970-925-2855 Exhibits A – Land Use application B – Pre-application summary C - Agreement to Pay D – HOA form E – Authorization to represent F – Proof of ownership G – Vicinity Map H – Mailing List I – Acknowledgement of TDRs J – Draft deed restriction K – No Negative Effect Approval and Application Drawings L - Floor Area Calculations and Survey November 2017 City of Aspen|130 S. Galena St.|(970) 920 5090 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT LAND USE APPLICATION Project Name and Address:_________________________________________________________________________ Parcel ID # (REQUIRED) _____________________________ APPLICANT: Name: ______________________________________________________________________________________________ Address: _______________________________________________________________________________________________ Phone #: __________________________ email: __________________________________ REPRESENTIVATIVE: Name: _________________________________________________________________________________________________ Address:________________________________________________________________________________________________ Phone#: _____________________________ email:___________________________________ Description: Existing and Proposed Conditions Review: Administrative or Board Review Have you included the following?FEES DUE: $ ______________ Pre-Application Conference Summary Signed Fee Agreement HOA Compliance form All items listed in checklist on PreApplication Conference Summary Required Land Use Review(s): Growth Management Quota System (GMQS) required fields: Net Leasable square footage _________ Lodge Pillows______ Free Market dwelling units ______ Affordable Housing dwelling units_____ Essential Public Facility square footage ________ 216 W. Hyman Ave., Aspen CO 81611 273512463006 Margaret Ann Mullins 216 W. Hyman Ave., Aspen, CO 81611 Sara Adams 300 S. Spring Street, Aspen CO 81611 970-925-2855 sara@bendonadams.com historic single family home - request to establish 2 TDR's to permanently sever 500sf of floor area from the property. n/a n/a 1 n/an/a x x x x 1,300 PRE-APPLICATION CONFERENCE SUMMARY PRE-22-105 DATE: October 10, 2022 PLANNER: Haley Hart, haley.hart@aspen.gov PROJECT ADDRESS: 216 West Hyman Ave PARCEL ID#: 273512463006 APPLICANT: Sara Adams, sara@bendonadams.com DESCRIPTION: The subject site is within the original City and Townsite of Aspen Subdivision, Block 53, Lot’s O and P, zoned Medium Density Residential (R-6). The subject property, which contains a circa 1885 miner’s cabin known as the ‘Pink House,’ is a Victorian-era property that is historically designated. Based on the applicants’ research on historic building permits, a basement and garage were added in 1953 and an enclosed front porch and rear porch were added in 1955. In 2010, HPC approved a detached art studio at the rear of the property. The applicant wishes to convert unused developable floor area from 216 West Hyman Ave, the Sending Site, into two (2) Transferable Development Rights (TDRs). TDRs are created in increments of 250 square feet and must be reviewed by the Historic Preservation Commission (HPC) for a recommendation that will be presented in front of City Council. The applicant requests two (2) TDRs which would equate to 500 square feet total. City Council has final authority to approve or disapprove the establishment of TDRs by adoption of an ordinance (Section 26.535.050). Once approved, the applicant must file a deed restriction on the property noting that for each TDR created, the development rights on the site are reduced by 250 square feet. After the deed restrictions are recorded, Community Development staff will issue the TDR certificate to the owner. In order to determine if there is unused floor area to be sold, the City will require that the owner acquires a survey that will help staff determine maximum floor area for the site. The City will also require floor area calculations to determine the difference between the maximum floor area and the existing floor area to see how much is available to be turned into TDR’s. The applicant has submitted preliminary information that stated on May 11, 2022, an administrative approval was granted to restore a non-street facing window to remodel the interior and to add Building Code compliant window wells that increased total floor area by 10 square feet. Upon the issuance of this building permit, expected to be submitted Fall 2022, the applicant’s calculations of floor area for the property is 2,241.8 square feet. The allowable floor area for the subject property is 3,240 square feet for a single-family residence and 3,600 square feet for two detached dwellings or one duplex. The City plays no role in the sale of TDRs; however, the sale price of a TDR is required to be disclosed to Community Development within five days of any transaction. HPC will use the Land Use Code Sections and applicable criteria to provide a recommendation to City Council. City Council will make a determination according to the review standards identified in Section 26.535.070. RELEVANT ASPEN MUNICIPAL CODE SECTIONS: Section Number Section Title 26.304 Common Development Review Procedures 26.415.110 Historic Preservation – Benefits 26.535 Transferable Development Rights 26.575.020 Calculations and Measurements 26.710.040 Medium-Density Residential Zone District (R-6) For your convenience – links to the Land Use Application and Land Use Code are below: Land Use Application Land Use Code REVIEW BY: Staff for determination of complete application and recommendation Historic Preservation Commission (HPC) for recommendation City Council for determination REQUIRED LAND USE REVIEW(S): Establishment of Transferable Development Rights (TDRs) PUBLIC HEARING: Yes, at HPC and City Council PLANNING FEES: $1,300 for four (4) billable hours of staff time. (Additional/ lesser hours will be billed/ refunded at a rate of $325 per hour.) REFERRAL FEES: None TOTAL DEPOSIT: $1,300 APPLICATION CHECKLIST – Please email the following application materials to haley.hart@aspen.gov as a single PDF:  Completed Land Use Application and signed fee Agreement.  Pre-application Conference Summary (this document).  Street address and legal description of the parcel on which development is proposed to occur, consisting of a current (no older than 6 months) certificate from a title insurance company, an ownership and encumbrance report, or attorney licensed to practice in the State of Colorado, listing the names of all owners of the property, and all mortgages, judgments, liens, easements, contracts and agreements affecting the parcel, and demonstrating the owner’s right to apply for the Development Application.  Applicant’s name, address and telephone number in a letter signed by the applicant that states the name, address and telephone number of the representative authorized to act on behalf of the applicant.  HOA Compliance form.  List of adjacent property owners for both properties within 300’ for public hearing.  A vicinity map locating the parcel within the City of Aspen.  A notarized affidavit from the sending site property owners signifying acknowledgment of the following: • A deed restriction will permanently encumber the sending site and restrict that property’s development rights to below that allowed by right by zoning according to the number of historic TDR certificates established from that sending site. • For each certificate of development right issued by the City for the particular sending site, that property shall be allowed two hundred and fifty (25) square feet less of floor area, as permitted according to the property’s zoning, as amended. • The sending site property owner shall have no authority over the manner in which the certificate of development right is used by subsequent owners of the historic TDR certificate.  Site improvement survey of the sending site depicting: • Existing natural and man-made site features. • All legal easements and restrictions.  Dimensioned, scale drawings of the existing development on the sending site and a floor area analysis of all structures thereon.  A written response to each of the review criteria in Section 26.535.070 of the Municipal Code.  Proposed TDR deed restriction for the sending site. Once the application is deemed complete by staff, the following will then need to be submitted:  Total deposit for review of the application. Disclaimer: The foregoing summary is advisory in nature only and is not binding on the City. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. The summary does not create a legal or vested right. Land Title Guarantee Company Customer Distribution PREVENT FRAUD - Please remember to call a member of our closing team when initiating a wire transfer or providing wiring instructions. Order Number:Q62014581 Date: 08/17/2022 Property Address:216 W HYMAN AVE, ASPEN, CO 81611 PLEASE CONTACT YOUR CLOSER OR CLOSER'S ASSISTANT FOR WIRE TRANSFER INSTRUCTIONS For Closing Assistance For Title Assistance Land Title Roaring Fork Valley Title Team 533 E HOPKINS #102 ASPEN, CO 81611 (970) 927-0405 (Work) (970) 925-0610 (Work Fax) valleyresponse@ltgc.com Seller/Owner MARGARET ANN MULLINS Delivered via: No Commitment Delivery BENDONADAMS Attention: ERIN WACKERLE 300 S SPRING STREET SUITE 202 ASPEN, CO 81611 (970) 925-2855 (Work) erin@bendonadams.com Delivered via: Electronic Mail Land Title Guarantee Company Estimate of Title Fees Order Number:Q62014581 Date: 08/17/2022 Property Address:216 W HYMAN AVE, ASPEN, CO 81611 Parties: MARGARET ANN MULLINS Visit Land Title's Website at www.ltgc.com for directions to any of our offices. Estimate of Title insurance Fees "TBD" Commitment $265.00 Total $265.00 If Land Title Guarantee Company will be closing this transaction, the fees listed above will be collected at closing. Thank you for your order! Note: The documents linked in this commitment should be reviewed carefully. These documents, such as covenants conditions and restrictions, may affect the title, ownership and use of the property. You may wish to engage legal assistance in order to fully understand and be aware of the implications of the effect of these documents on your property. Chain of Title Documents: Pitkin county recorded 07/23/2004 under reception no. 500040 Pitkin county recorded 10/11/1996 under reception no. 397956 Copyright 2006-2022 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Property Address: 216 W HYMAN AVE, ASPEN, CO 81611 1.Effective Date: 08/05/2022 at 5:00 P.M. 2.Policy to be Issued and Proposed Insured: "TBD" Commitment Proposed Insured: $0.00 3.The estate or interest in the land described or referred to in this Commitment and covered herein is: A FEE SIMPLE 4.Title to the estate or interest covered herein is at the effective date hereof vested in: MARGARET ANN MULLINS 5.The Land referred to in this Commitment is described as follows: LOTS O AND P, BLOCK 53, CITY AND TOWNSITE OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule A Order Number:Q62014581 ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part I (Requirements) Order Number: Q62014581 All of the following Requirements must be met: This proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. Pay the agreed amount for the estate or interest to be insured. Pay the premiums, fees, and charges for the Policy to the Company. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. THIS COMMITMENT IS FOR INFORMATION ONLY, AND NO POLICY WILL BE ISSUED PURSUANT HERETO. This commitment does not republish any covenants, condition, restriction, or limitation contained in any document referred to in this commitment to the extent that the specific covenant, conditions, restriction, or limitation violates state or federal law based on race, color, religion, sex, sexual orientation, gender identity, handicap, familial status, or national origin. 1.Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2.Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4.Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5.Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6.(a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7.(a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 8.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED NOVEMBER 02, 1887 IN BOOK 59 AT PAGE 75, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 9.RESERVATIONS AND EXCEPTIONS AS SET FORTH IN THE DEED FROM THE CITY OF ASPEN RECORDED MARCH 28, 1890 IN BOOK 79 AT PAGE 3, PROVIDING AS FOLLOWS: THAT NO TITLE SHALL BE HEREBY ACQUIRED TO ANY MINE OF GOLD, SILVER, CINNABAR OR COPPER OR TO ANY VALID MINING CLAIM OR POSSESSION HELD UNDER EXISTING LAWS. 10.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION BY THE CITY OF ASPEN HISTORIC PRESERVATION COMMISSION, NO. 20, SERIES OF 2008 RECORDED AUGUST 29, 2008 AS RECEPTION NO. 552427. 11.TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF RESOLUTION BY THE CITY OF ASPEN HISTORIC PRESERVATION COMMISSION, NO. 6, SERIES OF 2010 RECORDED JUNE 10, 2010 AS RECEPTION NO. 570389. 12.DEED OF TRUST DATED MARCH 29, 2013 FROM MARGARET ANN MULLINS TO THE PUBLIC TRUSTEE OF PITKIN COUNTY FOR THE USE OF CHERRY CREEK MORTGAGE CO, INC. TO SECURE THE SUM OF $392,000.00 RECORDED APRIL 08, 2013, UNDER RECEPTION NO. 598417. ALTA COMMITMENT Old Republic National Title Insurance Company Schedule B, Part II (Exceptions) Order Number: Q62014581 LAND TITLE GUARANTEE COMPANY DISCLOSURE STATEMENTS Note: Pursuant to CRS 10-11-122, notice is hereby given that: Note: Effective September 1, 1997, CRS 30-10-406 requires that all documents received for recording or filing in the clerk and recorder's office shall contain a top margin of at least one inch and a left, right and bottom margin of at least one half of an inch. The clerk and recorder may refuse to record or file any document that does not conform, except that, the requirement for the top margin shall not apply to documents using forms on which space is provided for recording or filing information at the top margin of the document. Note: Colorado Division of Insurance Regulations 8-1-2 requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed". Provided that Land Title Guarantee Company conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Policy when issued. Note: Affirmative mechanic's lien protection for the Owner may be available (typically by deletion of Exception no. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. The Subject real property may be located in a special taxing district.(A) A certificate of taxes due listing each taxing jurisdiction will be obtained from the county treasurer of the county in which the real property is located or that county treasurer's authorized agent unless the proposed insured provides written instructions to the contrary. (for an Owner's Policy of Title Insurance pertaining to a sale of residential real property). (B) The information regarding special districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. (C) The land described in Schedule A of this commitment must be a single family residence which includes a condominium or townhouse unit. (A) No labor or materials have been furnished by mechanics or material-men for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. (B) The Company must receive an appropriate affidavit indemnifying the Company against un-filed mechanic's and material-men's liens. (C) The Company must receive payment of the appropriate premium.(D) If there has been construction, improvements or major repairs undertaken on the property to be purchased within six months prior to the Date of Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and or the contractor; payment of the appropriate premium fully executed Indemnity Agreements satisfactory to the company, and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. (E) Note: Pursuant to CRS 10-11-123, notice is hereby given: This notice applies to owner's policy commitments disclosing that a mineral estate has been severed from the surface estate, in Schedule B-2. Note: Pursuant to CRS 10-1-128(6)(a), It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. Note: Pursuant to Colorado Division of Insurance Regulations 8-1-3, notice is hereby given of the availability of a closing protection letter for the lender, purchaser, lessee or seller in connection with this transaction. Note: Pursuant to CRS 10-1-11(4)(a)(1), Colorado notaries may remotely notarize real estate deeds and other documents using real-time audio-video communication technology. You may choose not to use remote notarization for any document. That there is recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate and that there is substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and (A) That such mineral estate may include the right to enter and use the property without the surface owner's permission. (B) JOINT NOTICE OF PRIVACY POLICY OF LAND TITLE GUARANTEE COMPANY, LAND TITLE GUARANTEE COMPANY OF SUMMIT COUNTY LAND TITLE INSURANCE CORPORATION AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY This Statement is provided to you as a customer of Land Title Guarantee Company as agent for Land Title Insurance Corporation and Old Republic National Title Insurance Company. We want you to know that we recognize and respect your privacy expectations and the requirements of federal and state privacy laws. Information security is one of our highest priorities. We recognize that maintaining your trust and confidence is the bedrock of our business. We maintain and regularly review internal and external safeguards against unauthorized access to your non-public personal information ("Personal Information"). In the course of our business, we may collect Personal Information about you from: applications or other forms we receive from you, including communications sent through TMX, our web-based transaction management system; your transactions with, or from the services being performed by us, our affiliates, or others; a consumer reporting agency, if such information is provided to us in connection with your transaction; and The public records maintained by governmental entities that we obtain either directly from those entities, or from our affiliates and non-affiliates. Our policies regarding the protection of the confidentiality and security of your Personal Information are as follows: We restrict access to all Personal Information about you to those employees who need to know that information in order to provide products and services to you. We may share your Personal Information with affiliated contractors or service providers who provide services in the course of our business, but only to the extent necessary for these providers to perform their services and to provide these services to you as may be required by your transaction. We maintain physical, electronic and procedural safeguards that comply with federal standards to protect your Personal Information from unauthorized access or intrusion. Employees who violate our strict policies and procedures regarding privacy are subject to disciplinary action. We regularly assess security standards and procedures to protect against unauthorized access to Personal Information. WE DO NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT STATED ABOVE OR PERMITTED BY LAW. Consistent with applicable privacy laws, there are some situations in which Personal Information may be disclosed. We may disclose your Personal Information when you direct or give us permission; when we are required by law to do so, for example, if we are served a subpoena; or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. Our policy regarding dispute resolution is as follows: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Commitment For Title Insurance Issued by Old Republic National Title Insurance Company NOTICE IMPORTANT—READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. . COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I—Requirements; Schedule B, Part II—Exceptions; and the Commitment Conditions, Old Republic National Title Insurance Company, a Minnesota corporation (the “Company”), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured. If all of the Schedule B, Part I—Requirements have not been met within 6 months after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. COMMITMENT CONDITIONS 1. DEFINITIONS 2. If all of the Schedule B, Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy, Commitment terminates and the Company’s liability and obligation end. 3. The Company’s liability and obligation is limited by and this Commitment is not valid without: 4. COMPANY’S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment. 5. LIMITATIONS OF LIABILITY i. comply with the Schedule B, Part I—Requirements; ii. eliminate, with the Company’s written consent, any Schedule B, Part II—Exceptions; or iii. acquire the Title or create the Mortgage covered by this Commitment. “Knowledge” or “Known”: Actual or imputed knowledge, but not constructive notice imparted by the Public Records.(a) “Land”: The land described in Schedule A and affixed improvements that by law constitute real property. The term “Land” does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. (b) “Mortgage”: A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by law.(c) “Policy”: Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. (d) “Proposed Insured”: Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment.(e) “Proposed Policy Amount”: Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued pursuant to this Commitment. (f) “Public Records”: Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. (g) “Title”: The estate or interest described in Schedule A.(h) the Notice;(a) the Commitment to Issue Policy;(b) the Commitment Conditions;(c) Schedule A;(d) Schedule B, Part I—Requirements; and(e) Schedule B, Part II—Exceptions; and(f) a counter-signature by the Company or its issuing agent that may be in electronic form.(g) The Company’s liability under Commitment Condition 4 is limited to the Proposed Insured’s actual expense incurred in the interval between the Company’s delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured’s good faith reliance to: (a) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. (b) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. (c) The Company’s liability shall not exceed the lesser of the Proposed Insured’s actual expense incurred in good faith and described in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount. (d) The Company shall not be liable for the content of the Transaction Identification Data, if any.(e) 6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT 7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT The issuing agent is the Company’s agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company’s agent for the purpose of providing closing or settlement services. 8. PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9. ARBITRATION The Policy contains an arbitration clause. All arbitrable matters when the Proposed Policy Amount is $2,000,000 or less shall be arbitrated at the option of either the Company or the Proposed Insured as the exclusive remedy of the parties. A Proposed Insured may review a copy of the arbitration rules at http://www.alta.org/arbitration. IN WITNESS WHEREOF, Land Title Insurance Corporation has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A to be valid when countersigned by a validating officer or other authorized signatory. Issued by: Land Title Guarantee Company 3033 East First Avenue Suite 600 Denver, Colorado 80206 303-321-1880 Craig B. Rants, Senior Vice President This page is only a part of a 2016 ALTA® Commitment for Title Insurance issued by Old Republic National Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I—Requirements; and Schedule B, Part II —Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright 2006-2016 American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I—Requirements have been met to the satisfaction of the Company. (f) In any event, the Company’s liability is limited by the terms and provisions of the Policy.(g) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.(a) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.(b) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. (c) The deletion or modification of any Schedule B, Part II—Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. (d) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.(e) When the Policy is issued, all liability and obligation under this Commitment will end and the Company’s only liability will be under the Policy.(f) 127 127 124 135 127 127 127 124 222 108 127 205 124 211 127 124 222 211 127 204 124 132 127 222 222 124 124 127 200 127 124 204 212 108124 134 127 124 124124 124 213 124 214 127 210 221 204 124 204 122 127 222 233 301 311 335 333 314 15 19 214 220 235 232 232 303 232 232 301 232 315 232 315 234 232 322 237 312 232 301 301 301 216 232 300 325 232 300 301 232 232 301 124 150 111 119 124 117 160 311 123 108124 121 130 113 140 108S 1ST STS 1ST STS 1ST STS 1ST STS 1ST STS 1ST STW C O O P E R A V ES 2ND STS 2ND STW HOP K I N S A V E W HYM A N A V ES 2ND STS 2ND STW HY M A N A V E Date: 8/12/2022 Geographic Information Systems This map/drawing/image is a graphical representation of the features depicted and is not a legal representation. The accuracy may change depending on the enlargement or reduction. Copyright 2022 City of Aspen GIS 0 0.01 0.020.01 mi When printed at 8.5"x11" 4 Legend Hallam Bluff ESA Parcels Roads Zoomed In Scale: 1:1,349 216 W. Hyman Vicinity Map Pitkin County Mailing List of 300 Feet Radius Pitkin County GIS presents the information and data on this web site as a service to the public. Every effort has been made to ensure that the information and data contained in this electronic system is accurate, but the accuracy may change. The information maintained by the County may not be complete as to mineral estate ownership and that information should be determined by separate legal and property analysis. Pitkin County GIS makes no warranty or guarantee concerning the completeness, accuracy, or reliability of the content at this site or at other sites to which we link. Assessing accuracy and reliability of information and data is the sole responsibility of the user. The user understands he or she is solely responsible and liable for use, modification, or distribution of any information or data obtained on this web site. This document contains a Mailing List formatted to be printed on Avery 5160 Labels. If printing, DO NOT "fit to page" or "shrink oversized pages." This will manipulate the margins such that they no longer line up on the labels sheet. Print actual size. From Parcel: 273512463006 on 10/06/2022 Instructions: Disclaimer: http://www.pitkinmapsandmore.com 135 HOPKINS LTD AUSTIN, TX 78738 12400 HWY 71 W #350-371 212 WEST HOPKINS LLC ASPEN, CO 81611 212 W HOPKINS AVE 214 WEST COOPER LLC OKLAHOMA CITY, OK 73105 6 NE 63RD ST #220 220 WEST COOPER LLC ASPEN, CO 81611 625 E HYMAN AVE #201 235 W HOPKINS B LLC BOCA RATON, FL 33432 250 S OCEAN BLVD # 14A AJAX APARTMENTS CONDO ASSOC ASPEN, CO 81611 COMMON AREA 301 W HYMAN AVE AJAX FIRST LLC ASPEN, CO 81611 625 E HYMAN AVE #201 ALBANO DUPLEX CONDO ASSOC ASPEN, CO 81611 COMMON AREA 121 W HYMAN AVE ASPEN HIDEAWAYS LLC STUART, FL 34994 49 SW FLAGGER AVE #201 ASPEN SKIING COMPANY LLC ASPEN, CO 81612 PO BOX 1248 ASPEN/PITKIN COUNTY HOUSING AUTHORITY ASPEN, CO 81611 210 E HYMAN AVE #202 AYARZA FRED & GENENE ASPEN, CO 81611 160 W COOPER AVE BACON SHIRLEY LIV TRUST MIAMI, FL 33133 3 GROVE ISLE DR # 1608 BERGHOFF KRISTIN TRUST INDIANAPOLIS, IN 46236 9112 WALNUT GROVE DR BERGHOFF MICHAEL R TRUST INDIANAPOLIS, IN 46236 9112 WALNUT GROVE DR BIELINSKI JUDITH R TRUST GLENVIEW, IL 60026 2121 TROWBRIDGE CT BIELINSKI ROBERT A JR CONIFER, CO 80433-8207 11141 MARKS DR BOURKEY888 LLC SINGAPORE 436853, 16 THIAM SIEW AVE BOWMAN AL MOUNT DORA, FL 32757 700 HELEN ST BRENNAN SAMANTHA SCOTT MILL VALLEY, CA 94941 408 TENNESSEE GLEN WY BRENNAN SHAWN TIFFANY MILL VALLEY, CA 94941 408 TENNESSEE GLEN WY BROMLEY WENDI TRUST HONOLULU, HI 96815-4627 2969 KALAKAUA AVE #1201 CHERNY ANDREA J ASPEN, CO 81611 301 WEST HYMAN AVE #5 CHRISTENSEN ROBERT M & CANDICE L ASPEN, CO 81611 1240 MOUNTAIN VIEW DR CITY OF ASPEN ASPEN, CO 81611 427 RIO GRANDE PL COHEN ALIX O & CRAIG S ROCKVILLE CENTRE, NY 11570 5 BUCKINGHAM RD COLES DAVID SEP A TRUST CULVER CITY, CA 90232 4223 DUQUESNE AVE COLES PETER SEP A TRUST MASSACHUSETTS, MA 02138 20 PRESCOTT ST #41 CONNOR WILLIAM E II TRUST RENO, NV 89502 990 S ROCK BLVD #F CORBETT RICHARD J & JILLIAN F ASPEN, CO 81612 PO BOX 7955 COTTONWOODS CONDO ASSOC ASPEN, CO 81611 124 W HYMAN AVE DEAN FAMILY LTD PTSHP LLP BOULDER, CO 80301 590 DELLWOOD AVE DHM FAMILY TRST ATLANTA, GA 30309 2288 PEACHTREE RD, NW #12 EGBERT STEPHEN E ASPEN, CO 81611 301 W HYMAN AVE #1 FCB LLC SNOWMASS, CO 816549102 525 SHIELD O RD FIRESIDE ASPEN LP ROSEMONT, PA 19010 1062 E LANCASTER AVE #30B FIRESIDE TOWNHOMES CONDO ASSOC ASPEN, CO 81611 160 W COOPER AVE FISH EILEEN BOULDER, CO 80302 546 14TH ST GARET CONDO ASSOC ASPEN, CO 81611 400 E MAIN ST #2 GILDENHORN MICHAEL S BETHESDA, MD 20816 5008 BALTON RD GOLDSMITH HENRY JOSH PIKESVILLE, MD 21208 7902 BRYNMOR CT #402 GOSS CHESTER A IV ASPEN, CO 81612 PO BOX 9642 GROVER FREDRICK W & PAULA J ST PETERSBURG, FL 337043717 725 BRIGHTWATERG BLVD NE GTMJ COLORADO LLC THE VILLAGES, FL 32162 3619 KIESSEL RD GUNN ROBERT W FAMILY TRST MARBLEHEAD, MA 01945 409 OCEAN AVE HALCYON ENTERPRISES LLC PRINCETON, NJ 08540 78 LOVERS LN HAPPY PLACE VH2 LLC WESTPORT, CT 06880 52 LYONS PLAINS RD HARPER MARILYN HILL & HILL ASPEN, CO 81612-7952 PO BOX 7952 HARRISON MARK N BOULDER, CO 80302 546 14TH ST HITE ANGELA R FAMILY TRUST WOODY CREEK, CO 81656 PO BOX 155 HITE HENRY HARRIS REVOC TRUST WOODY CREEK, CO 81656 PO BOX 155 HOLTZMAN L BART & PATRICIA G RANCHO MIRAGE, CA 92270 2 SURREY CT HYMAN STREET CONDO ASSOC ASPEN, CO 81611 COMMON AREA 719 W HYMAN AVE INVENTRIX LLC CHICAGO, IL 60606-5096 227 MONROE JES 2002 GRANTOR TRUST ASPEN, CO 81611 221 N STARWOOD DR JLR QPRT TRUST CORAL GABLES, FL 33156 355 MARQUESA DR JOBLON MATTHEW ENGLEWOOD, CO 80013 43 COVINGTON CT KOCH TOWNHOMES CONDO ASSOC ASPEN, CO 81611 COMMON AREA W HYMAN AVE KOENIG RAYMOND J NEW LONDON, CT 06320 PO BOX 284 LITTLE CLOUD ESTATE LLC ATLANTA, GA 30318 665 ANTONE ST NW LITTLE CLOUD HOMEOWNERS ASSOC ASPEN, CO 81611 201 N MILL ST MARTEN RANDOLPH MONDOVI, WI 54755 129 MARTEN ST MARTIN SCOTT M ASPEN, CO 81611 PO BOX 51 MCBEE LISA A CONIFER, CO 80433-8207 11141 MARKS DR MILLER BRITT C ASPEN, CO 816111625 301 W HYMAN AVE APT 4 MORGAN DONALD ATLANTA, GA 30309 2288 PEACHTREE RD, NW #12 NAUGHTON ANN N COLORADO SPRINGS, CO 80906 36 BROADMOOR AVE NEVINS NATHALIE R ASPEN, CO 81611 127 NICHOLAS LN NORTON CAPITAL PARTNERS LLLP ASPEN, CO 81611 335 S SECOND ST PAN ABODE CONDO ASSOC ASPEN, CO 81611 211 W HOPKINS AVE PITKIN COUNTY ASPEN, CO 81611 530 E MAIN ST #301 POWDERDAYSKIING LLC ASPEN, CO 81612 PO BOX 10261 RESSEL THOMAS G ASPEN, CO 816111625 301 W HYMAN AVE #7 REYNOLDS FRANK R IV ASPEN, CO 81612 PO BOX 2725 ROSS PAULINE ASPEN, CO 81612 PO BOX 9969 SALTER CLAUDE C ASPEN, CO 81612 PO BOX 5000 SAND KATHERINE M ASPEN, CO 81612 PO BOX 51 SANDS CASTLE DUPLEX CONDO ASSOC ASPEN, CO 81612 PO BOX 1554 SEIDER FAMILY TRUST MALIBU, CA 90265 26642 LATIGO SHORE DR SHADOW MOUNTAIN DUPLEX CONDO ASSOC ASPEN, CO 81611 COMMON AREA W HOPKINS AVE SHADOW MOUNTAIN LODGE CONDO ASSOC ASPEN, CO 81611 COMMON AREA W HOPKINS AVE SHADOW MTN HOMEOWNER ASSOC ASPEN, CO 81611 232 W HYMAN AVE SHIELD JULIET E ASPEN, CO 81611 221 N STARWOOD DR SHOAF THOMAS L DALLAS, TX 752257639 3212 HANOVER ST SNOWFLAKE LLC ASPEN, CO 81611 140 W COOPER AVE SONNENBERG FAMILY TRUST BEVERLY HILLS, CA 90212 350 S BEVERLY DR # 300 STRAUCH ELAINE B GREENWOOD VILLAGE, CO 80111 4327 S YOSEMITE CT SWISS CHALET/KITZBUHEL PARTNERSHIP ASPEN, CO 81611 333 E DURANT AVE TARPLEY GERALD W JR & SUSAN ANN ARBOR, MI 48105 2255 PLACID WY THOMAS GAIL HICKS REV TRUST BEDFORD, VA 24523-1508 1242 HAMPTON RDG TIEMANN CAROLYN ASPEN, CO 81611 124 W HYMAN AVE #2D TRAN LAN D ASPEN, CO 81612 PO BOX 2705 UNDERWOOD AMOS ASPEN, CO 81611 301 W HYMAN #6 VALLEY EXCHANGE PROPERTIES LLC ASPEN, CO 81611 122 W MAIN ST WARSHAW MARTIN R TRUST 1 ANN ARBOR, MI 48105-2585 1058 SCOTT PL WEIGAND FAMILY LLC WICHITA, KS 67202 150 N MARKET WEST ASPEN MOUNTAIN CONDO ASSOC ASPEN, CO 81611 333 S SECOND ST WEST HOPKINS LLC LOS ANGELES, CA 900713429 350 S GRAND AVE #2000 WEST SIDE CONDO ASSOC ASPEN, CO 81611 234 W HOPKINS AVE WILLIAMS ROBERT A REV TRUST ENCINO, CA 91436 16255 VENTURA BLVD #800 WINER CAROL G BETHESDA , MD 20817 6740 SELKIRK DR YONCE SUSAN DALLAS, TX 752257639 3212 HANOVER ST ZITELLI MARK C ASPEN, CO 81611 414 N 1ST ST 1 DEED RESTRICTION AND AGREEMENT FOR ESTABLISHMENT OF A HISTORIC TRANSFERABLE DEVELOPMENT RIGHT PURSUANT TO ASPEN CITY COUNCIL ORDINANCE #___ , SERIES OF 20__ THIS DEED RESTRICTION AND AGREEMENT is made and entered into this _____ day of ______________, 20__, by Margaret Ann Mullins, (hereinafter referred to as “Owner”), whose address is 216 West Hyman Avenue, Lots O and P, Block 53, City and Townsite of Aspen, Pitkin County, Colorado, Parcel ID 2735-124-63-006, and The City of Aspen, a body politic and corporate pursuant to its Home-Rule Charter and the Constitution of the State of Colorado, acting through its City Council, (hereinafter the “City”); WITNESSETH WHEREAS, Owner owns real property more specifically described as; Lots O and P, Block 53, City and Townsite of Aspen, Pitkin County, Colorado, Parcel ID 2735-124-63-006 (hereinafter referred to as “Real Property”), which Real Property is designated as a Historic Site, as such are defined in the City of Aspen Land Use Code (“City Code”); and WHEREAS, Owner has submitted an affidavit, duly notarized, in compliance with Section 26.535.090.A.2 of the City Code, and supplied the necessary application materials identified in Section 26.535.090 showing compliance with the criteria set forth in Section 26.535.070 of the City Code; and WHEREAS, The Community Development Department has reviewed Owner’s application according to the review standards identified in 26.535.070 of the City Code, and has recommended approval of the application and the establishment of up to two (2) approved Historic TDR Certificates as set forth herein; and WHEREAS, City Council Ordinance #____, Series of 20___ (the “Ordinance”) was approved on ___(date)__________, establishing the above referenced Historic TDR Certificates, and requiring that a Deed Restriction be recorded in real property records of Pitkin County, designating the Real Property as a Sending Site and permanently restricting the development of the Real Property (the Sending Site) to an allowable Floor Area not exceeding the allowance for a single-family residence or duplex if allowed, minus two hundred and fifty (250) square feet of Floor Area multiplied by the number of Historic TDR Certificates established; and WHEREAS, in consideration of the establishment of one (1) or two (2) Historic TDR Certificates pursuant to the Ordinance and City Code, Owner agrees to restrict the Real Property as set forth herein. NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, Owner and the City hereby covenant and agree as follows: 2 1. Development of the Real Property (the Sending Site) is hereby permanently restricted to an allowable Floor Area not exceeding the allowance for a single- family residence or duplex as otherwise permitted by the City Code on the Real Property, minus any deductions resulting from previous issuance of TDR certificate(s) and minus 250 square feet, that being two hundred fifty (250) square feet of Floor Area multiplied by the one (1) Historic TDR Certificate hereby established. 2. The property owner may elect to sever up to two (2) TDR certificates from the property and is not required by Ordinance # ___, Series of 2022 to sever both TDR certificates. The property owner, at their sole discretion, may elect to sever no TDRs, one (1) TDR or two (2) TDRs fom the property. 3. In consideration of the foregoing, and pursuant to the City Code and the Ordinance, the City shall cause the issuance of one (1) Historic TDR Certificate, executed by the Mayor, allowing the transfer of development rights to a Receiver Site to be determined pursuant to the City Code. This Historic TDR Certificate may be sold, assigned, transferred, or conveyed. Transfer of title shall be evidenced by an assignment of ownership on the actual certificate document. Upon transfer, the new owner may request the City re-issue the certificate acknowledging the new owner. Reissuance shall not require adoption of a new ordinance. The market for such Historic TDR Certificates shall remain unrestricted and the City shall not prescribe or guarantee the monetary value of any Historic TDR Certificates. 4. This deed restriction shall not be construed to stipulate an absolute Floor Area on the Real Property, but only a square footage reduction from the allowable Floor Area, as that allowable Floor Area may be amended from time to time. 5. The Real Property (Sending Site) shall remain eligible for Floor Area incentives and/or exemptions as may be authorized by the City Code, as it may be amended from time to time. 6. This restriction may be modified only in a writing signed by both the Owner and the City. 7. Unless modified as stated above, this Agreement shall constitute a covenant running with the Real Property as a burden thereon for the benefit of, and shall be specifically enforceable by, the City Council of the City of Aspen by any appropriate legal action including, but not limited to, injunction or abatement. [SIGNATURES ON FOLLOWING PAGES] 3 IN WITNESS HEREOF, the parties hereto have executed this instrument on the date and year above first written. OWNER: By:___________________________ Margaret Ann Mullins STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ________ day of ______________, 20___, by ___________ Witness my hand and official seal. My commission expires:___________________ _____________________________ Notary Public 4 APPROVAL OF CITY ATTORNEY By:___________________________ James R. True, City Attorney THE CITY OF ASPEN, COLORADO a body politic and corporate pursuant to its Home-Rule Charter and the Constitution of the State of Colorado By:____________________________ Date:______________ Torre, Mayor STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this _____ day of _________________, 20__, by_____________, as Mayor of the City of Aspen, Colorado. Witness my hand and official seal. My commission expires:___________________ _____________________________ Notary Public Certificate of No Negative Effect  Approved  Denied Applicant: Margaret Ann Mullins, 216 W Hyman, Aspen CO, 81611. Property: 216 W Hyman; Legally described as Block: 53 Lot: O & P., City and Townsite of Aspen, PID # 2737-124-63-006 Determination: This 11th day of May, 2022, the following alterations have been approved as represented in the land use application. Project Details and Review Criteria The applicant is undertaking work to modify the interior of the historic cottage, adding a non-street facing window and window wells in order to comply with code for egress from the basement. The project qualifies for a Certificate of No Negative Effect according to Section 26.415.070.B of the Municipal Code as it entails replacement of architectural features which creates no change to the exterior physical appearance of the building or structure. Based on a review of the applicable Historic Preservation Design Guidelines and the Commercial, Lodging and Historic District Design Standards and Guidelines, staff finds that the work will not diminish, eliminate or adversely affect the significant historic and/or architectural character of the subject property on which it is located and that the design guidelines applicable to this scope of work are met, with no conditions. _______________________________________ Natalie Feinberg Lopez, Principal Planner - Historic Preservation Expires 3 years from date of separately issued Development Order. Issuance of this certificate does not exempt the applicant from complying with all City codes, including land use and building codes. 216 W. Hyman Remodel EXISTING FAR CALCULATIONS 1/17/22 Wall Label Total Wall Area (SF) Exposed Wall Area (SF) 1 90.70 15.90 2 40.80 0.00 3 98.60 0.00 4 40.80 0.00 5 100.30 10.40 6 208.00 67.20 7 289.60 203.90 8 120.50 44.70 9 12.30 3.50 10 31.50 7.80 11 12.30 2.60 12 56.00 8.60 Overall Total Wall Area (SF) 1,101.40 Exposed Wall Area (SF) 364.60 % Exposed Wall Area (Exposed/Total) 33.10% Gross Floor Area (SF) 1,155.00 Countable Floor Area (SF) 382.34 Total Residence Lower Level Countable Floor Area (SF) 382.34 Gross Floor Area (SF) 1,361.00 Countable Floor Area (SF) 1,361.00 Excluding Stair Upper Level (SF) 24.00 Total Residence Main Level Countable Floor Area (SF) 1,337.00 Gross Floor Area (SF) 330.00 Countable Floor Area (SF) 330.00 Total Studio Main Level Countable Floor Area (SF) 330.00 Gross Floor Area (SF) 250.00 Countable Floor Area (SF) 250.00 Excluding Stair Upper Level (SF) 68.00 Total Studio Upper Level Countable Floor Area (SF) 182.00 Residence Lower Level (SF) 382.34 Residence Main Level (SF) 1,337.00 Studio Main Level (SF) 330.00 Studio Upper Level (SF) 182.00 Total Deck Area (SF) 132.00 15% of FAR Allowed (SF) 334.70 Deck Counted as FAR (SF) 0.00 Total Existing Floor Area (SF) 2,231.34 Allowable Floor Area 3,240.00 Remaining Floor Area 1,008.66 Studio Main Level Floor Area Calculation Total Existing Floor Area Calculation Residence Lower Level Residence Lower Level Wall Calculation Residence Lower Level Floor Area Calculation Residence Main Level Residence Main Level Floor Area Calculation Studio Main Level Studio Upper Level Studio Upper Level Floor Area Calculation 1 ORDINANCE NO. 01 (SERIES OF 2023) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 8 OF THE ASPEN MUNICIPAL CODE BY ADOPTING 2021 EDITIONS OF CERTAIN INTERNATIONAL BUILDING CODES, WITH CITY OF ASPEN-SPECIFIC AMENDMENTS. WHEREAS, to stay current with new building construction technology and national, international and state standards the International Code Council regularly publishes the new codes; and WHEREAS, the purpose of this code is to provide for and promote the health, safety and welfare of Aspen residents and visitors; and WHEREAS, City staff have engaged national and regional experts in building code and building energy performance as consultants in assisting the draft of local amendments to certain International Code Council Building Codes; and WHEREAS, amendments to certain International Code Council Building Codes were drafted in response to local conditions, including, but not limited to City Council’s science-based greenhouse gas reduction goals; and WHEREAS, at a Work Session with City Council on September 26, 2022, staff presented Council with the policy direction pursued by this building code adoption and received feedback and direction from Council; and WHEREAS, public educational meetings to introduce the new codes have been held and opportunities for interested party input regarding adoption of the new codes has been made available; and WHEREAS, meetings with local, technical experts – including members of the architectural, mechanical engineering, and construction community have been held and input solicited; and WHEREAS, the Chief Building Official, also referred to herein as the "building official" is authorized by the City Council to administer and enforce this code; and WHEREAS, the City Council has determined that it is in the best interest of the citizens of Aspen to continue to have code compliance reviews and life safety inspections performed on the buildings in the City; and WHEREAS, as the culmination of input from City Council, staff expertise, consultant expertise, and the feedback from local design, building, and engineering professionals; the proposed code adoption will result in more efficient and higher performing buildings; and WHEREAS, it is in the best interest of the citizens of and visitors to our community for Aspen to continue and maintain a leadership role in building code adoption and administration. 2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Chapter 8 of the Aspen Municipal Code Table of Contents is hereby amended to read as follows: TITLE 8 BUILDINGS AND BUILDING REGULATIONS1, 2 Chapter 8.04 General Provisions GENERAL PROVISIONS .................................................................................................... Error! Bookmark not defined. Sec. 8.04.020. Chief building official; appointment and removal. .................................. Error! Bookmark not defined. Sec. 8.04.050. Same; duties. ........................................................................................... Error! Bookmark not defined. Sec. 8.04.060. Same; right of entry. ............................................................................... Error! Bookmark not defined. Sec. 8.04.070. Same; stop work orders. ........................................................................ Error! Bookmark not defined. BUILDING CODE BOARD OF APPEALS1 ...................................................................... Error! Bookmark not defined. Sec. 8.08.010. Created. ................................................................................................. Error! Bookmark not defined. Sec. 8.08.020. Composition; term; qualifications. ................................................ Error! Bookmark not defined. Sec. 8.08.030. Ex officio members not to have vote. ............................................. Error! Bookmark not defined. Sec. 8.08.040. Terms; appointment........................................................................ Error! Bookmark not defined. Sec. 8.08.050. Chairman generally. ....................................................................... Error! Bookmark not defined. Sec. 8.08.060. Secretary generally.......................................................................... Error! Bookmark not defined. Sec. 8.08.070. Meetings and rules of procedure generally. .................................. Error! Bookmark not defined. Sec. 8.08.080. Powers and duties. ........................................................................... Error! Bookmark not defined. Sec. 8.08.090. Parties who may appeal. ................................................................. Error! Bookmark not defined. Sec. 8.08.100. Time and procedure for perfecting appeal. .................................. Error! Bookmark not defined. Sec. 8.08.110. Fee..................................................................................................... Error! Bookmark not defined. Sec. 8.08.120. Transmittal of record required. ..................................................... Error! Bookmark not defined. Sec. 8.08.130. Stay of proceedings. ........................................................................ Error! Bookmark not defined. Sec. 8.08.140. Work done after docketing of appeal. ........................................... Error! Bookmark not defined. Sec. 8.08.150. Hearings generally. ......................................................................... Error! Bookmark not defined. Sec. 8.08.160. Decisions. .......................................................................................... Error! Bookmark not defined. Sec. 8.08.170. Judicial review. ................................................................................ Error! Bookmark not defined. CONTRACTORS ................................................................................................................ Error! Bookmark not defined. Sec. 8.12.010. Compliance with Chapter required. ..................................................... Error! Bookmark not defined. Sec. 8.12.020. Revocation and suspension. ................................................................... Error! Bookmark not defined. Sec. 8.12.030. Issuance of permits only to license holders or agents and owner-builders. ...... Error! Bookmark not defined. Sec. 8.12.040. Compliance with law and supervisory clauses as required. ................ Error! Bookmark not defined. Sec. 8.12.050. Approval of Building Official required for issuance of certain licenses. .......... Error! Bookmark not defined. Sec. 8.12.060. Builders' licenses generally. ................................................................... Error! Bookmark not defined. Sec. 8.12.070. Application for licensees who employ qualified supervisors. .............. Error! Bookmark not defined. Sec. 8.12.080. Examination fee. ..................................................................................... Error! Bookmark not defined. Sec. 8.12.090. Examinations. ......................................................................................... Error! Bookmark not defined. Sec. 8.12.100. Insurance. ................................................................................................ Error! Bookmark not defined. Sec. 8.12.110. Annual fees. ............................................................................................. Error! Bookmark not defined. Sec. 8.12.120. Compliance with division required for issuance of permit. ................ Error! Bookmark not defined. Sec. 8.12.130. State license required. ............................................................................ Error! Bookmark not defined. Sec. 8.12.140. Registration of electrical and plumbing contractors. .......................... Error! Bookmark not defined. Sec. 8.12.150. Appeals. ................................................................................................... Error! Bookmark not defined. CARBON MONOXIDE DETECTORS .............................................................................. Error! Bookmark not defined. Section 8.15.010 Purpose and Scope. .......................................................................... Error! Bookmark not defined. Section 8.15.020 Definitions. ........................................................................................ Error! Bookmark not defined. 3 Section 8.15.030 Responsibilities. ............................................................................... Error! Bookmark not defined. 8.15.040 Carbon Monoxide Detector –Installation Requirements. ........................... Error! Bookmark not defined. Section 8.15.050 Prohibitions. ...................................................................................... Error! Bookmark not defined. Section 8.15.060 Enforcement Responsibility. ............................................................ Error! Bookmark not defined. Section 8.15.070 Penalties and Remedies for Violations. ............................................ Error! Bookmark not defined. 8.15.080 Effective Date: ................................................................................................... Error! Bookmark not defined. INTERNATIONAL RESIDENTIAL CODE ........................................................................................................................ 4 Sec. 8.16.010. Deletion of the 2021 Edition of the International Residential Code.... Error! Bookmark not defined. INTERNATIONAL BUILDING CODE ............................................................................................................................... 4 Sec. 8.20.010. Adoption of the 2021 Edition of the International Building Code. ...................................................... 4 Sec. 8.20.020. Amendments. ............................................................................................................................................ 4 NATIONAL ELECTRICAL CODE ..................................................................................... Error! Bookmark not defined. Sec. 8.24.010. Adoption of the National Electrical Code, most current edition. ........ Error! Bookmark not defined. Sec. 8.24.020. Administrative Provisions to the NEC for The City Aspen ................. Error! Bookmark not defined. Sec. 8.24.030. Amendments ............................................................................................ Error! Bookmark not defined. Section 8.24.040 Violations and penalties ..................................................................... Error! Bookmark not defined. INTERNATIONAL FUEL GAS CODE1 ............................................................................................................................ 24 Sec. 8.28.010. Adoption of the 2021 Edition of the International Fuel Gas Code. ..... Error! Bookmark not defined. Sec. 8.28.020. Amendments ............................................................................................ Error! Bookmark not defined. INTERNATIONAL EXISTING BUILDING CODE .......................................................................................................... 26 Sec. 8.32.010. Adoption of the International Existing Building Code, 2021 Edition. Error! Bookmark not defined. Sec. 8.32.020. Amendments. ........................................................................................... Error! Bookmark not defined. INTERNATIONAL PLUMBING CODE ........................................................................................................................... 29 Sec. 8.36.010. Adoption of the International Plumbing Code, 2021 Edition. ............. Error! Bookmark not defined. Sec. 8.36.020. Amendments. ........................................................................................... Error! Bookmark not defined. INTERNATIONAL MECHANICAL CODE ...................................................................................................................... 32 Sec. 8.44.010. Adoption of the 2021 Edition of the International Mechanical Code. Error! Bookmark not defined. Sec. 8.44.020. Amendments. ........................................................................................... Error! Bookmark not defined. INTERNATIONAL SWIMMING POOL AND SPA CODE.............................................................................................. 35 Sec. 8.45.010. Adoption of the 2021 Edition of the International Swimming Pool and Spa Code. ......................... 35 Sec. 8.45.020. Amendments. .......................................................................................................................................... 35 INTERNATIONAL ENERGY CONSERVATION CODE ................................................................................................ 37 Sec. 8.46.010. Adoption of the 2021 Edition of the International Energy Conservation Code Commercial. .. Error! Bookmark not defined. Sec. 8.46.020. Amendments. ........................................................................................... Error! Bookmark not defined. Sec. 8.46.030. Adoption of the 2021 Edition of the International Energy Conservation Code Residential Sec. 8.46.040 Amendments. INTERNATIONAL SOLAR ENERGY PROVISIONS ..................................................................................................... 38 Sec. 8.48.010. Adoption of the 2021 Edition of the International Solar Energy Provisions. ................................... 38 Sec. 8.48.020. Amendments. .......................................................................................................................................... 38 INTERNATIONAL FIRE CODE........................................................................................................................................ 39 Sec. 8.50.010. As adopted by the Aspen Fire Protection District. ............................... Error! Bookmark not defined. 4 Section 2. Chapter 8.16 of the Aspen Municipal Code is hereby amended to read as follows: Chapter 8.16 INTERNATIONAL RESIDENTIAL CODE (Ord. No. 59-2003, §2; Ord. No. 7, 2007, §2; Ord. No. 11-2009,§2)) Sec. 8.16.010. Deletion of the 2021 Edition of the International Residential Code. Pursuant to the powers and authority conferred by the laws of the State and the Charter of the City, The International Residential Code, 2021 Edition, will not be adopted. Section 3. Chapter 8.20 of the Aspen Municipal Code is hereby amended to read as follows: Chapter 8.20 INTERNATIONAL BUILDING CODE Editor's note—Ord. No. 55-1999, §2, repealed former Ch. 8.20, pertaining to the Building Code and enacted a new Ch. 8.20 as herein set out. Former Ch. 8.20 was derived from Code 1962 §§4-1-1—4-1-4, Code 1971 §§7-140—7-143 and Ord. Nos. 22-1960, 4-1965, 32-1967, 36-1968, 22-1969, 7- 1971, 9-1974, 15-1974, 70-1975, 13-1976, 21-1976, 27-1976, 45-1976, 63-1976, 12-1977, 12-1978, 1-1979, 52-1979, 17-1981, 33-1981, 1-1983, 9-1983, 20-1984, 62-1985, 7-1987, 32-1987, 10-1988, 59-1990, 79-1990, 44-1991, 53-1994, 68-1994, 53-1995, 54-1995, 3-1996, 12-1996, 43-1996 and 15-1997. Sec. 8.20.010. Adoption of the 2021 Edition of the International Building 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 Building Code, 2021 Edition, including Appendix C, E, and P and all errata 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 8.20.020 of this Chapter. At least one (1) copy of the International Building Code shall be available for inspection during regular business hours. Sec. 8.20.020. Amendments. The International Building Code, 2021 Edition, as adopted by the City at Section 8.20.010, is hereby amended to read as follows; a. Section 101.1 These provisions shall be known as the Building Code for the City of Aspen and will be referred to herein as this code. b. Section 101.2 Scope shall be modified by removing the exception in its entirety. c. Section 101.4 Referenced Codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. d. Section 101.4.4 Property maintenance. All references to the International Property Maintenance code within this code shall be deleted without substitution. e. Section 101.4.5 Fire Prevention. Where not otherwise amended in Section 8.50 of the Aspen Municipal Code, the provisions of the Fire Code as adopted by the Aspen Fire Protection District shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the 5 construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. f. Section 101.4.8 Electrical. All references to the NFPA 70 (National Electrical Code) within the International Building Code shall refer to the National Electrical Code as adopted in Chapter 8.24 of this code.] g. Section 101.4.9 Pools and Spas The provisions of the International Swimming Pool and Spa Code shall apply to the installation, repair, and alteration of swimming pools, hot tubs, and related accessories as referenced in this code. h. Section 101.4.10 Solar Energy The provisions of the International Solar Energy Provisions shall apply to the installation, repair, and alteration of photovoltaic and solar thermal systems. i. Section 101.4.11 International Residential Code. All references to the International Residential Code (IRC) within this code shall be deleted and the requirement of this code as it pertains to one- and two- family dwellings and townhouses shall apply. j. Section 103.1 Creation of enforcement agency. The Aspen Building Department is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. k. [A] 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. l. Section 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Aspen Municipal Code are paid in full. m. Section 110.3.12 Final inspection. The final inspection shall be made after all work required by the Building Permit is completed and all applicable review agencies have accepted the work to comply with conditions of approval and any specific regulations. n. Section 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. The Building Code Board of Appeals shall possess that authority as provided in this Code, Chapter 8.08. o. Section 114.1 Unlawful acts. It shall be unlawful for any person, including an owner, occupant or builder, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done, contrary to or in violation of any of the provisions of this Code. It shall be unlawful to remove or deface a posted correction notice or stop work order] p. 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, 6 demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. q. Section 114.4 Violation Penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to a misdemeanor charge, punishable upon conviction by a fine, imprisonment, or both a fine and imprisonment, as set forth in Section 1.04.080 of this Code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Code occurs or continues unabated after the time limit set for abatement of the violation. r. Section 202 Definitions. TYPE C UNIT. A dwelling unit or sleeping unit designed and constructed for accessibility in accordance with this code and the provisions for Type C units in ICC A117.1.1. s. 310.4 Residential group R-3. Shall be modified with the addition of Townhouses constructed in accordance with Section 705.12 t. 705.5 Fire-resistance ratings. Exception 1 is added as follows: Exception 1. Separation walls between dwelling units in townhouses shall be permitted to comply with Section 705.12 u. 705.12. Townhouse dwelling unit separation. Walls separating dwelling units in townhouse buildings shall be permitted to be constructed in accordance with Sections 705.12.1 or 705.12.2 and shall comply with Sections 705.12.3 and 705.12.4. Fire-resistance-rated wall assemblies shall be tested in accordance with ASTM E119, UL 263 or Section 703.2.2 of the International Building Code and rated for fire exposure from both sides. 705.12.1 Double walls. Each dwelling unit shall be separated from other dwelling units by two 1- hour fire- resistance-rated wall assemblies. Each wall shall be permitted to be constructed with plumbing or mechanical equipment, ducts or vents in the wall cavity. Penetrations of double walls shall be in accordance with Section 714. 705.12.2 Common walls. Each dwelling unit shall be separated from other dwelling units by one 1-hour fire- resistance-rated wall assembly. The common wall shared by two townhouse units shall be constructed without plumbing or mechanical equipment, ducts or vents, other than water- filled fire sprinkler piping in the cavity of the common wall. Penetrations of common walls shall not be permitted. Exceptions: 1. Membrane penetrations of common walls for electrical outlet boxes shall be in accordance with Section 714.4.2. 2. Penetrations of water filled sprinkler pipe shall be in accordance with Section 714. 705.12.3 Continuity. The fire-resistance-rated wall assembly shall be provided with a parapet constructed in accordance with Section 705.11 and 705.11.1 and shall be continuous from the foundation to the top of the parapet. The fire-resistance rating shall extend the full horizontal length of the wall or assembly, including wall extensions through and separating attached enclosed accessory structures. The wall shall terminate against the inside face of the exterior sheathing of exterior walls or to the inside face of exterior walls without stud cavities. 7 Exception: Common walls are permitted to extend to and be tight against the inside of the exterior walls if the cavity between the end of the common wall and the exterior sheathing is filled with a minimum of two 2- inch nominal thickness wood studs. 705.12.4 Structural independence. Double walls in accordance with Section 705.12.1 shall be designed to allow collapse of the wall under fire conditions without the collapse of the second wall. Common walls in accordance with Section 705.12.2 shall be designed to allow collapse of the structure on either side of the wall without the collapse of the wall. v. 706.1.1 Party walls is amended by adding Exception 3 as follows: Exception 3. Dwelling units in townhouse buildings shall be permitted to be separated in accordance with Section 705.12. w. Section 406.2.1.1 Automatic garage door opener battery backup. All automatic garage door openers installed in Group R occupancies shall have a battery backup function that is designed to operate when activated by an interruption of the electrical service to the opener. The battery backup function shall operate in a manner so that the automatic garage door opener is operational without interruption. x. Chapter 9. Chapter 9 provisions are replaced with Chapter 9 of the International Fire Code as adopted in accordance with Section 8.50 of the Aspen Municipal Code. y. 1010.1.4 Floor elevation. Exception 7 is added as follows: Exception 7. At exterior doors serving dwelling units in Group R-3 dwellings and townhouses that are not required exits, and where such units are not required to be Accessible units, Type A units, or Type B units, the exterior landing of stairways with 2 or less risers shall be not more than 15 ½ inches below the door threshold, provided the door does not swing over the landing. z. Section 1011.14 Alternating tread devices. Alternating tread devices are limited to an element of a means of egress in buildings of Groups F, H and S from a mezzanine not more than 250 square feet (23 m2) in area and that serves not more than five occupants; in buildings of Group I-3 from a guard tower, observation station or control room not more than 250 square feet (23 m2) in area; within individual dwelling units from a mezzanine having a floor area of 250 square feet (18.6 m2) or less and for access to unoccupied roofs. Alternating tread devices used as a means of egress shall not have a rise greater than 20 feet (6096 mm) between floor levels or landings. aa. Section 1011.15 Ships ladders. Ships ladders are permitted to be used in Group I-3 as a component of a means of egress to and from control rooms or elevated facility observation stations not more than 250 square feet with not more than three occupants; within individual dwelling units from a mezzanine having a floor area of 250 square feet or less and for access to unoccupied roofs. The minimum clear width at and below the handrails shall be 20 inches. Ship’s ladders shall be designed for the live loads indicated in Section 1607.17. bb. Section 1015.2 Where required. Guards shall be located along open-sided walking surfaces, including mezzanines, equipment platforms, aisles, stairs, ramps, landings and adjacent to hot tubs, spas, and pools that are located more than 30 inches (762 mm) measured vertically to the floor or grade below at any point within 36 inches (914 mm) horizontally to the edge of the open side. Guards shall be adequate in strength and attachment in accordance with Section 1607.9. cc. Section 1015.3 Height. Exception 9. At surfaces adjacent to hot tubs, spas, and pools, where the open side is less than 18 inches in width measured perpendicularly from the water’s edge, guards shall not be less than 18 inches high. 8 dd. Section 1031.2.2 Where required in mezzanines. Mezzanines in Group R occupancies shall have an emergency escape and rescue opening. Exception: Emergency escape and rescue opening shall not be required where all the following conditions exist: 1. The floor area of the mezzanine is not greater than 250 square feet. 2. A smoke alarm in accordance with section 907.2.11 is installed in the mezzanine 3. The mezzanine shall be open and unobstructed to the room in which such mezzanine is located except for walls not more than 42 inches (1067 mm) in height, columns and posts or where the aggregate floor area of the enclosed space is not greater than 40 square feet. 4. The travel distance from the most remote location of the mezzanine to the dwelling unit entry shall be less than 50 feet (15240 mm) ee. Section 1031.3.3 Location. Emergency escape and rescue openings shall not be located directly above an area well. ff. Section 1031.6 Bars, grilles, covers and screens. Bars, grilles, covers, screens and similar devices shall not be permitted over area wells serving emergency escape and rescue openings. gg. Section 1031.7 Emergency escape and rescue openings under decks, porches and cantilevers. Emergency escape and rescue openings installed under decks, porches and cantilevers shall be fully openable and provide a path not less than 7 feet (2134 mm) in height and 36 inches (914 mm) in width to a yard or court. hh. Section 1107.2 Electrical vehicle charging stations. Electrical vehicle charging stations shall comply with the International Energy Conservation Code. ii. Section 1107.2.1 and 1107.2.2 are deleted. jj. Section 1108.6.2.3 Group R-2 other than live/work units, apartment houses, monasteries and convents. In Group R-2 occupancies, other than live/work units, apartment houses, monasteries and convents falling within the scope of Sections 1108.6.2.1 and 1108.6.2.2, Accessible units and Type B units shall be provided in accordance with Sections 1108.6.2.3.1 and 1108.6.2.3.2. Type C units shall be provided in accordance with Section 1108.6.2.3.3. Bedrooms within congregate living facilities, dormitories, sororities, fraternities and boarding houses shall be counted as sleeping units for the purpose of determining the number of units. Where the bedrooms are grouped into dwelling or sleeping units, only one bedroom in each dwelling or sleeping unit shall be permitted to count toward the number of required Accessible units. kk. 1108.6.2.3.3 Type C units. Where there are four or more dwelling units or sleeping units intended to be occupied as a residence in a single structure, every dwelling unit and every sleeping unit intended to be occupied as a residence that is not a Type B unit shall be a Type C unit. Exceptions: 1. Dwelling units and sleeping units without habitable space on the ground floor. 2. The number of Type C units is permitted to be reduced in accordance with Section 1108.7.5. ll. 1108.7.5 Flood hazard areas. Is amended to include Type C units. 9 mm. Section 1109.2.3 Companion seats. At least one companion seat shall be provided for each wheelchair space required by Section 1109.2.2.1 through 1109.2.2.3 and for each wheelchair space required at bars. nn. Section 1110.2.2 Water Closets design for assisted toileting (and all subsections) Delete in its entirety oo. Section 1110.2.3 Standard roll-in-type shower compartment design for assisted bathing (and all subsections) Delete in its entirety. pp. 1110.2.5 Lavatories. Where lavatories are provided, at least 5 percent, but not less than one, shall be accessible and located in the multicompartment toilet room outside of all toilet compartments. Where the total lavatories provided in a toilet room or bathing facility is six or more, at least one lavatory with enhanced reach ranges shall be provided. qq. 1110.2.5.1 Additional Lavatories. Where separate restroom facilities are not provided in accordance with Exception 6 of Section 2902.2 an accessible lavatory shall be located within each accessible water closet compartment. rr. 1110.9 Lifts. Platform (wheelchair) lifts are permitted to be a part of a required accessible route in new construction where indicated in Items 1 through 10. Platform (wheelchair) lifts shall be installed in accordance with ASME A18.1. Keyed platform controls are prohibited. [Items 1 through 10 remain unchanged] ss. 1110.12 Seating and standing spaces at dining surfaces and work surfaces. Where seating or standing space is provided at dining surfaces or work surfaces in accessible spaces, such seating and standing spaces, but not less than one, shall be accessible and shall comply with Sections 1110.12.1 through 1110.12.3. 1110.12.1 Dining Surfaces. At least 5 percent of the seating and standing space provided at fixed, built-in, and moveable dining surfaces shall be accessible. 1110.12.2 Work Surfaces. At least 5 percent of the seating and standing spaces at fixed or built-in work surfaces shall be accessible. Exception: Check-writing surfaces at check-out aisles not required to comply with Section 1110.14.1 are not required to be accessible. 1110.12.3 Dispersion. Accessible seating and standing spaces at dining and work surfaces shall be distributed throughout the space or facility containing such elements and shall be located on a level accessed by an accessible route. tt. Section 1505.1 General. Roof assemblies shall be Class A rated. Class A roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire-retardant-treated wood roof coverings shall be tested in accordance with ASTM D 2898. All roofs shall have a roof assembly that complies with a Class A rating. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be constructed to preclude entry of flames or embers, or have one layer of 72-pound (32.4 kg) mineral- surfaced, non-perforated cap sheet complying with ASTM D 3909 installed over the combustible decking. Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610. 10 uu. Section 1507.1.2 Ice Barrier. In all locations below where ice barriers are required, an ice dam barrier that consists of at least two (2) layers of underlayment cemented together or of a self-adhering polymer modified bitumen sheet shall be used in lieu of normal underlayment and shall extend from the roof eave edge at least six (6) feet inside the exterior wall line as measured along the roof surface, eighteen (18) inches from the centerline of the valley and up twenty-four (24) inches on the vertical wall at a roof and wall juncture. vv. Section 1513 Snow shed design. Roofs shall be designed so that they do not shed ice and snow onto adjacent properties; potentially occupied areas such as a walkway, stairway, alley, deck, pedestrian and vehicular exit from buildings; emergency escape and rescue opening area wells; areas where there is potential for personal injury or property damage; and areas directly above or in front of gas utility or electric utility meters. Exception: Mechanical barriers installed to roof framing members or solid blocking secured to framing in accordance to manufacturers' instructions. Barriers shall be installed within the first 3 feet (944 mm) of the roof eave and spaced per the design of the system. ww. Section 1601.2 Design criteria. Buildings shall be designed and constructed in accordance with the design criteria provided in Table 1601.2 11 Table 1601.2 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA is replaced as follows: TABLE 1601.2 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUND SNOW LOADo WIND DESIGN SEISMIC DESIGN CATEGOR Yf SUBJECT TO DAMAGE FROM ICE BARRIER UNDERLAY MENT REQUIREDh FLOOD HAZARDS g AIR FREEZ- ING INDEXi MEAN ANNUAL TEMPj Speed d (mph) special wind regionl windborne debris zonem Weather inga Frost line depthb Ter- mitec 100 89/B - - - C Severe 36” Non e to sligh t Yes See Sec 1612.3 2000 40°F DESIGN CRITERIA 2 Elevation Altitude correction factore Coincident wet bulb Indoor winter design relative humidity Indoor winter design dry- bulb temperature Outdoor winter design dry-bulb temperature Heating temperature difference 7820’ .745 54 30% 70°F -15°F 85°F Latitude Daily Range Indoor summer design relative humidity Summer design gains Indoor summer design dry-bulb temperature Outdoor summer design dry-bulb temperature Cooling temperature difference 39.64°N H 50% -33 to - 53 75°F 82°F 7° For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with weathering index, “negligible”, “moderate” or “severe” for concrete. The grade of masonry units shall be determined from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM C145, ASTM C216 or ASTM C652. b. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed. Wind exposure category shall be determined on a site- specific basis. e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction. f. The jurisdiction shall fill in this part of the table with the seismic design category. g. The jurisdiction shall fill in this table with: the date of the jurisdictions' entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas); and the title and date of the currently effective Flood Insurance Study or other flood hazard study. h. Where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.” i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) or from the 100- year (99 percent) value on the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).” j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).” k. Where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall indicate “NO” in this part of the table. l. Where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table. 12 m. The jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table. n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction. o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads. xx. Section 1612.3. Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for City of Aspen," dated June 4, 1987, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section. yy. Section 2111.1 General. The construction of masonry fireplaces, consisting of concrete or masonry, shall be in accordance with this section, and Section 13.08.070 of the Aspen Municipal Code zz. Section 2308.1 General. The requirements of this section are intended for conventional light-frame construction. Other construction methods are permitted to be used, provided that a satisfactory design is submitted showing compliance with other provisions of this code. Interior nonload-bearing partitions, ceilings and curtain walls of conventional light-frame construction are not subject to the limitations of Section 2308.2. aaa. Section 2407.1 Materials is amended by deleting the exception. bbb. Section 2407.1.2 Guards with structural glass balusters is deleted. ccc. Section 2902.1.1 Fixture calculations. To determine the occupant load of each sex, the total occupant load shall be divided in half. To determine the required number of fixtures, the fixture ratio or ratios for each fixture type shall be applied to the occupant load of each sex in accordance with Table 2902.1. Fractional numbers resulting from applying the fixture ratios of Table 2902.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies, such fractional numbers for each occupancy shall first be summed and then rounded up to the next whole number. Exceptions: 1. The total occupant load shall not be required to be divided in half where approved statistical data indicate a distribution of the sexes of other than 50 percent of each sex. 2. Where multiple-user facilities are designed for use by all genders, the minimum fixture count shall be calculated 100 percent, based on total occupant load. In such multiple-user facilities, each fixture type shall be in accordance with ICC A117.1 and each urinal that is provided shall be located in a stall. ddd. Section 2902.1.2 Single-user toilet and bathing room fixtures. The plumbing fixtures located in single-user toilet and bathing rooms, including family or assisted-use toilet and bathing rooms, shall contribute toward the total number of required plumbing fixtures for a building or tenant space, and shall be deducted proportionately from the required gender ratios of Table 2902.1. Single-user toilet and bathing rooms, and family or assisted-use toilet rooms and bathing rooms shall be identified as being available for use by all persons regardless of sex. The total number of fixtures shall be permitted to be based on the required number of separate facilities or based on the aggregate of any combination of single-user or multiple-user facilities. 13 eee. Section 2902.2 Separate Facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex. Exceptions: 1. Separate facilities shall not be required for dwelling units and sleeping units. 2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 25 or fewer. 3. Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer. 4. Separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer. 5. Separate facilities shall not be required to be designated by sex where single-user toilet rooms are provided in accordance with Section 2902.1.2. 6. Separate facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by all genders and privacy is provided for water closets in accordance with Section 2902.1.4 and for urinals in accordance with Section 2902.1.5.1 fff. Section 2902.3.6 Door locking. Where a toilet room is provided for the use of multiple occupants, the egress door for the room shall not be lockable from the inside of the room. This section shall not apply to family or assisted-use toilet rooms. ggg. 2902.3.7 Doors prohibited. Where a multiple-user facility or toilet room is designed for use by all genders, the room serving the single-user toilet compartments shall not be provided a door at the egress opening from the room. hhh. 2903.1.4 Water closet compartment. Each water closet utilized by the public or employees shall occupy a separate compartment with walls or partitions and a door enclosing the fixtures to ensure privacy. Partitions for water closets located in multiple-user facilities designed for use by all genders shall have fully enclosed floor to ceiling height compartments with full height lockable doors that have hardware to indicate if it is occupied or not. Compartments shall be provided with a local exhaust in accordance with Table 403.3.1.1 of the International Mechanical Code. [Exceptions remain] iii. Section 2902.1.5.1 Urinal compartment. Partitions for urinal compartments located in multiple-user facilities designed for use by all genders shall have fully enclosed floor to ceiling height compartments with full height lockable doors that have hardware to indicate if it is occupied or not. jjj. Section 3001.6 Permits required. Elevator permits and inspections are required through the Northwest Colorado Council of Governments (NWCCOG). As required by the division of Oil and Public Safety (OPS), the following codes and standards shall apply to all conveyance equipment and conveyance equipment installations. ASME A17.1 - 2013 – Safety code for Elevators and Escalators ASME A18.1 - 2011 – Safety Standard for Platform Lifts and Stairway Chair Lifts kkk. 3103.1.1 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this 14 code as necessary to ensure public health, safety and general welfare. Temporary structures erected for a period of more than 14 days and less than 180 days shall also comply with all the following: a. Controls in accordance with Section C403.13 of the International Energy Conservation Code- Commercial Provisions b. Appendix RD: REMP of the International Energy Conservation Code- Residential Provisions c. 100% high efficacy lighting lll. Chapter 34: Resiliency is added as follows: CHAPTER 34 RESILIENCY SECTION 3401 GENERAL 3401.1 Scope. The provisions of this chapter shall govern the features, equipment, materials and assemblies of new buildings and structures, additions, and exterior alterations. 3401.2 Purpose. The purpose of this Chapter is to establish minimum regulations consistent with nationally recognized good practice for safeguarding of life and for property protection. Regulations in this code are intended to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. The unrestricted use of property in wildland-urban interface areas is a potential threat to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire protection facilities to control the spread of fire in wildland-urban interface areas shall be in accordance with this code. 3401.3 Definitions. The following words and terms shall, for the purpose of this chapter, have the meanings shown in this section: NONCOMBUSTIBLE. As applied to building construction material means a material that, in the form in which it is used, is either one of the following: 1. Material of which no part will ignite and burn when subjected to fire. Any material conforming to ASTM E 136 shall be considered noncombustible within the meaning of this section. 2. Material having a structural base of noncombustible material as defined in Item 1 above, with a surfacing material not over 1/8 inch (3.2 mm) thick, which has a flame spread index of 50 or less. Flame spread index as used herein refers to a flame spread index obtained according to tests conducted as specified in ASTM E84 or UL 723. “Noncombustible” does not apply to surface finish materials. Material required to be noncombustible for reduced clearances to flues, heating appliances or other sources of high temperature shall refer to material conforming to Item 1. No material shall be classified as noncombustible that is subject to increase in 15 combustibility or flame spread index, beyond the limits herein established, through the effects of age, moisture or other atmospheric condition. NONCOMBUSTIBLE ROOF COVERING. A roof covering consisting of any of the following: 1. Cement shingles or sheets. 2. Exposed concrete slab roof. 3. Ferrous or copper shingles or sheets. 4. Slate shingles. 5. Clay or concrete roofing tile. 6. Approved roof covering of noncombustible material. ROOF ASSEMBLY. A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck. A roof assembly can include an underlayment, thermal barrier, ignition barrier, insulation or a vapor retarder. ROOF COVERING. The covering applied to the roof deck for weather resistance, fire classification or appearance. ROOF DECK. The flat or sloped surface not including its supporting members or vertical supports. SECTION 3402 IGNITION-RESISTANT CONSTRUCTION AND MATERIAL 3402.1 General. Buildings shall be of Class 2 ignition-resistant construction in accordance with Sections 3401.2 through 3401.11. 3402.2 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. 3401.2.1 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. 16 3402.3 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. 3402.4 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. 3402.5 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 building materials in accordance with Section 3402.12 on the exterior side. Such material shall extend from the top of the foundation to the underside of the roof sheathing. 3402.6 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground, with exterior walls in accordance with Section 3402.5. 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. 3402.7 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 3402.12. Exception: Coated materials shall not be used as the walking surface of decks. 3402.8 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. 3402.9 Exterior doors. Exterior doors shall be approved noncombustible 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 3402.8. Exception: Vehicle access doors. 3402.10 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. 17 3402.10.1 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 grade as practical. Exception: Existing buildings 3402.11 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. 3402.11.1 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 3402.5 or underfloor protection in accordance with Section 3402.6. 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. 3402.12 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 10 1/2 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. 18 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. mmm. Appendix P: Radon control methods, is added as follows: APPENDIX P RADON CONTROL METHODS _________________________________________________________________________________________ __ User note: About this appendix: Appendix P contains provisions that are intended to mitigate the transfer of radon gases from the soil into dwelling units. Radon is a radioactive gas that has been identified as a cancer-causing agent. Radon comes from the natural breakdown of uranium in soil, rock and water. _________________________________________________________________________________________ _ SECTION AF101 SCOPE AF101.1 General. This appendix contains requirements for new residential construction in the City of Aspen and shall apply to all one- and two-family dwellings, townhouses and duplexes, as well as all R-2 and R-3 dwellings. SECTION AF102 DEFINITIONS AF102.1 General. For the purpose of these requirements, the terms used shall be defined as follows: DRAIN TILE LOOP. A continuous length of drain tile or perforated pipe extending around all or part of the internal or external perimeter of a basement or crawl space footing. RADON GAS. A naturally occurring, chemically inert, radioactive gas that is not detectable by human senses. As a gas, it can move readily through particles of soil and rock and can accumulate under the slabs and foundations of homes where it can easily enter into the living space through construction cracks and openings. 19 SOIL-GAS-RETARDER. A continuous membrane of 6-mil (0.15 mm) polyethylene or other equivalent material used to retard the flow of soil gases into a building. SUBMEMBRANE DEPRESSURIZATION SYSTEM. A system designed to achieve lower submembrane air pressure relative to crawl space air pressure by use of a vent drawing air from beneath the soil-gas-retarder membrane. SUBSLAB DEPRESSURIZATION SYSTEM (Active). A system designed to achieve lower subslab air pressure relative to indoor air pressure by use of a fan-powered vent drawing air from beneath the slab. SUBSLAB DEPRESSURIZATION SYSTEM (Passive). A system designed to achieve lower subslab air pressure relative to indoor air pressure by use of a vent pipe routed through the conditioned space of a building and connecting the subslab area with outdoor air, thereby relying on the convective flow of air upward in the vent to draw air from beneath the slab. SECTION AF103 REQUIREMENTS AF103.1 General. The following construction techniques are intended to resist radon entry and prepare the building for post-construction radon mitigation, if necessary (see Figure AF103.1). These techniques are required in areas where designated by the jurisdiction. AF103.2 Subfloor preparation. A layer of gas-permeable material shall be placed under all concrete slabs and other floor systems that directly contact the ground and are within the walls of the living spaces of the building, to facilitate future installation of a subslab depressurization system, if needed. The gas-permeable layer shall consist of one of the following: 1. A uniform layer of clean aggregate, not less than 4 inches (102 mm) thick. The aggregate shall consist of material that will pass through a 2-inch (51 mm) sieve and be retained by a 1/4-inch (6.4 mm) sieve. 2. A uniform layer of sand (native or fill), not less than 4 inches (102 mm) thick, overlain by a layer or strips of geotextile drainage matting designed to allow the lateral flow of soil gases. 3. Other materials, systems or floor designs with demonstrated capability to permit depressurization across the entire subfloor area. AF103.3 Soil-gas-retarder. A minimum 6-mil (0.15 mm) [or 3-mil (0.075 mm) cross-laminated] polyethylene or equivalent flexible sheeting material shall be placed on top of the gas-permeable layer prior to casting the slab or placing the floor assembly to serve as a soil-gas-retarder by bridging any cracks that develop in the slab or floor assembly, and to prevent concrete from entering the void spaces in the aggregate base material. The sheeting shall cover the entire floor area with separate sections of sheeting lapped not less than 12 inches (305 mm). The sheeting shall fit closely around any pipe, wire or other penetrations of the material. Punctures or tears in the material shall be sealed or covered with additional sheeting. 20 AF103.4 Entry routes. Potential radon entry routes shall be closed in accordance with Sections AF103.4.1 through AF103.4.10. AF103.4.1 Floor openings. Openings around bathtubs, showers, water closets, pipes, wires or other objects that penetrate concrete slabs, or other floor assemblies, shall be filled with a polyurethane caulk or equivalent sealant applied in accordance with the manufacturer’s recommendations. AF103.4.2 Concrete joints. Control joints, isolation joints, construction joints, and any other joints in concrete slabs or between slabs and foundation walls shall be sealed with a caulk or sealant. Gaps and joints shall be cleared of loose material and filled with polyurethane caulk or other elastomeric sealant applied in accordance with the manufacturer’s recommendations. 21 AF103.4.3 Condensate drains. Condensate drains shall be trapped or routed through nonperforated pipe to daylight. AF103.4.4 Sumps. Sump pits open to soil or serving as the termination point for subslab or exterior drain tile loops shall be covered with a gasketed or otherwise sealed lid. Sumps used as the suction point in a subslab depressurization system shall have a lid designed to accommodate the vent pipe. Sumps used as a floor drain shall have a lid equipped with a trapped inlet. AF103.4.5 Foundation walls. Hollow block masonry foundation walls shall be constructed with either a continuous course of solid masonry, one course of masonry grouted solid, or a solid concrete beam at or above finished ground surface to prevent the passage of air from the interior of the wall into the living space. Where a brick veneer or other masonry ledge is installed, the course immediately below that ledge shall be sealed. Joints, cracks or other openings around all penetrations of both exterior and interior surfaces of masonry block or wood foundation walls below the ground surface shall be filled with polyurethane caulk or equivalent sealant. Penetrations of concrete walls shall be filled. AF103.4.6 Dampproofing. The exterior surfaces of portions of concrete and masonry block walls below the ground surface shall be dampproofed in accordance with Section 1805 AF103.4.7 Air-handling units. Air-handling units in crawl spaces shall be sealed to prevent air from being drawn into the unit. Exception: Units with gasketed seams or units that are otherwise sealed by the manufacturer to prevent leakage. AF103.4.8 Ducts. Ductwork passing through or beneath a slab shall be of seamless material unless the air- handling system is designed to maintain continuous positive pressure within such ducting. Joints in such ductwork shall be sealed to prevent air leakage. Ductwork located in crawl spaces shall have seams and joints sealed by closure systems in accordance with Section 603.9 of the International Mechanical Code. AF103.4.9 Crawl space floors. Openings around all penetrations through floors above crawl spaces shall be caulked or otherwise filled to prevent air leakage. AF103.4.10 Crawl space access. Access doors and other openings or penetrations between basements and adjoining crawl spaces shall be closed, gasketed or otherwise filled to prevent air leakage. AF103.5 Passive submembrane depressurization system. In buildings with crawl space foundations, the following components of a passive submembrane depressurization system shall be installed during construction. Exception: Buildings in which an approved mechanical crawl space ventilation system or other equivalent system is installed. AF103.5.1 Ventilation. Crawl spaces shall be provided with vents to the exterior of the building. The minimum net area of ventilation openings shall comply with Section 1202.4. AF103.5.2 Soil-gas-retarder. The soil in crawl spaces shall be covered with a continuous layer of minimum 6-mil (0.15 mm) polyethylene soil-gas-retarder. The ground cover shall be lapped not less than 12 inches (305 mm) at joints and shall extend to all foundation walls enclosing the crawl space area. AF103.5.3 Vent pipe. A plumbing tee or other approved connection shall be inserted horizontally beneath the sheeting and connected to a 3- or 4-inch-diameter (76 or 102 mm) fitting with a vertical vent pipe installed through the sheeting. The vent pipe shall be extended up through the building floors and terminate not less than 12 inches (305 mm) above the roof in a location not less than 10 feet (3048 mm) away from 22 any window or other opening into the conditioned spaces of the building that is less than 2 feet (610 mm) below the exhaust point, and 10 feet (3048 mm) from any window or other opening in adjoining or adjacent buildings. AF103.6 Passive subslab depressurization system. In basement or slab-on-grade buildings, the following components of a passive subslab depressurization system shall be installed during construction. AF103.6.1 Vent pipe. A minimum 3-inch-diameter (76 mm) ABS, PVC or equivalent gastight pipe shall be embedded vertically into the subslab aggregate or other permeable material before the slab is cast. A “T” fitting or equivalent method shall be used to ensure that the pipe opening remains within the subslab permeable material. Alternatively, the 3-inch (76 mm) pipe shall be inserted directly into an interior perimeter drain tile loop or through a sealed sump cover where the sump is exposed to the subslab aggregate or connected to it through a drainage system. The pipe shall be extended up through the building floors and terminate not less than 12 inches (305 mm) above the surface of the roof in a location not less than 10 feet (3048 mm) away from any window or other opening into the conditioned spaces of the building that is less than 2 feet (610 mm) below the exhaust point, and 10 feet (3048 mm) from any window or other opening in adjoining or adjacent buildings. AF103.6.2 Multiple vent pipes. In buildings where interior footings or other barriers separate the subslab aggregate or other gas-permeable material, each area shall be fitted with an individual vent pipe. Vent pipes shall connect to a single vent that terminates above the roof or each individual vent pipe shall terminate separately above the roof. AF103.7 Vent pipe drainage. Components of the radon vent pipe system shall be installed to provide positive drainage to the ground beneath the slab or soil-gas-retarder. AF103.8 Vent pipe accessibility. Radon vent pipes shall be accessible for future fan installation through an attic or other area outside the habitable space. Exception: The radon vent pipe need not be accessible in an attic space where an approved roof-top electrical supply is provided for future use. AF103.9 Vent pipe identification. Exposed and visible interior radon vent pipes shall be identified with not less than one label on each floor and in accessible attics. The label shall read: “Radon Reduction System.” AF103.10 Combination foundations. Combination basement/crawl space or slab-on-grade/crawl space foundations shall have separate radon vent pipes installed in each type of foundation area. Each radon vent pipe shall terminate above the roof or shall be connected to a single vent that terminates above the roof. AF103.11 Building depressurization. Joints in air ducts and plenums in unconditioned spaces shall meet the requirements of Section M1601. Thermal envelope air infiltration requirements shall comply with the International Energy Conservation Code. Fireblocking shall meet the requirements in Section 718 AF103.12 Power source. To provide for future installation of an active submembrane or subslab depressurization system, an electrical circuit terminated in an approved box shall be installed during construction in the attic or other anticipated location of vent pipe fans. An electrical supply shall be accessible in anticipated locations of system failure alarms. SECTION AF104 TESTING AF104.1 Testing. Where radon-resistant construction is required, radon testing shall be as specified in Items 1 through 11: 23 1. Testing shall be performed after the dwelling passes its air tightness test. 2. Testing shall be performed after the radon control system and HVAC installations are complete. The HVAC system shall be operating during the test. Where the radon system has an installed fan, the dwelling shall be tested with the radon fan operating. 3. Testing shall be performed at the lowest occupied floor level, whether or not that space is finished. Spaces that are physically separated and served by different HVAC systems shall be tested separately. 4. Testing shall not be performed in a closet, hallway, stairway, laundry room, furnace room, bathroom or kitchen. 5. Testing shall be performed with a commercially available radon test kit or testing shall be performed by an approved third party with a continuous radon monitor. Testing with test kits shall include two tests, and the test results shall be averaged. Testing shall be in accordance with this section and the testing laboratory kit manufacturer’s instructions. 6. Testing shall be performed with the windows closed. Testing shall be performed with the exterior doors closed, except when being used for entrance or exit. Windows and doors shall be closed for not fewer than 12 hours prior to the testing. 7. Testing shall be performed by the builder, a registered design professional or an approved third party. 8. Testing shall be conducted over a period of not less than 48 hours or not less than the period specified by the testing device manufacturer, whichever is longer. 9. Written radon test results shall be provided by the test lab or testing party. The final written test report with results of less than 4 picocuries per liter (pCi/L) shall be provided to the code official. 10. Where the radon test result is 4 pCi/L or greater, the fan for the radon vent pipe shall be installed as specified in Sections AF103.9 and AF103.12. 11. Where the radon test result is 4 pCi/L or greater, the system shall be modified and retested until the test result is less than 4 pCi/L. Exception: Testing is not required where the occupied space is located above an unenclosed open space. (Ord. No. 55-1999, §2 [part]; Ord. No. 47-2002, §12; Ord. No. 10-2003, §1, Ord. No. 59-2003, §1; Ord. No. 7, 2007, §1; Ord. No. 11-2009 §3; Ord. No. 31-2011§5; Ord. No. 35-2013§2) 24 Section 4. Chapter 8.28 of the Aspen Municipal Code is hereby amended to read as follows: Chapter 8.28 INTERNATIONAL FUEL GAS CODE1 1 Editor's note—Ord. No. 7-1971, adopted March 8, 1971, repealed former Art. VII, §§ 7-179—7-182, pertaining to the Gas Fitting Code. Said former Art. VII has been reserved to maintain Code format and for future legislation. Sec. 8.28.010. Adoption of the 2021 Edition of the International Fuel Gas 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 Colorado Fuel Gas Code (as required by C.R.S. Title 12 Article 155 and the Colorado State Plumbing Board) and the International Fuel Gas 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 8.36.020 of this Chapter. At least one (1) copy of the International Fuel Gas Code shall be available for inspection during regular business hours. Sec. 8.28.020. Amendments The International Fuel Gas Code, 2021 Edition, as adopted by the City of Aspen at Section 8.20.010 is hereby amended to read as follows: a. Section 101.1 Title. These regulations shall be known as the Fuel Gas Code of City of Aspen, hereinafter referred to as this code. b. Section 101.2 Scope is amended by deleting the exception. c. Section 103.1 Creation of agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. d. Section 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Aspen Municipal Code are paid in full. e. Section 109.6 Refunds. The building official shall authorize the refunding of fees as follows. 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 80 percent of the permit fee is paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The building official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. f. 102.5 Application of residential code. All references to the International Residential Code (IRC) within this code shall be deleted and the requirement of this code as it pertains to one- and two-family dwellings and townhouses shall apply g. Section 113.1 General. Appeals of orders, decisions or determinations made by the building official shall be in accordance with Section 8.08 of the Aspen Municipal Code. h. Section 115.1 Unlawful acts. It shall be unlawful for any person, including an owner, occupant or builder, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done, contrary to or in violation of any of the provisions of this Code. i. Section 115.4 Violation penalties. A violation of any of the provisions of the International Fuel Gas Code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or 25 both a fine and improvement, as set forth in Section 1.04.080 of the Aspen Municipal Code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Code occurs or continues unabated after the time limit set for abatement of the violation. j. Section 116.4 Failure to comply. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than double the permit fees for each violation. k. Section 301.2.1 Appliance Controls. Fuel burning appliances used for purposes other than space conditioning, water heating, snowmelt, pool and spa heaters, and the main cooking sources 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. l. Section 503.8 Table 503.8: Table 503.8 row A is replaced as follows: A Clearance above finished grade level, veranda, porch, deck, or balcony 36 inches (all other values within the table are unchanged.)” m. Section 501.8 Appliances not required to be vented is amended by deleting items 8 and 10. n. Section 603.1 General. Log lighters are prohibited o. Section 604.3 Direct vent. Vented gas fireplaces shall be direct-vent, sealed-combustion, category III or IV appliances. p. Section 605.2 Direct vent. Vented gas fireplace heaters shall be direct-vent, sealed- combustion, category III or IV appliances. q. Section 621.1 General. Unvented room heaters are prohibited. (Ord. No. 59-2003 § 5; Ord. No. 31-2011§7) 26 Section 5. Chapter 8.32 of the Aspen Municipal Code is hereby amended to read as follows: Chapter 8.32 INTERNATIONAL EXISTING BUILDING CODE Editor's note—Ord. 5-1999, § 4, repealed former Ch. 8.32, pertaining to the Housing Code and enacted a new Ch. 8.32 as herein set out. Former Ch. 8.32 was derived from Code 1962 §§ 4-8-1, Code 1971 §§ 7-196—7-198 and Ord. Nos. 5-1965, 3-1971, 52-1974 and 12-1996. Sec. 8.32.010. Adoption of the International Existing Building Code, 2021 Edition. 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 Existing Building 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 8.32.020 of this Chapter. At least one (1) copy of the International Existing Building Code shall be available for inspection during regular business hours. (Ord. No. 59-2003, § 6) Sec. 8.32.020. Amendments. The International Existing Building Code, 2021 Edition, as adopted by the City at Section 8.32.010, is hereby amended to provide and read as follows: a. Section 101.1 Title. These regulations shall be known as the Existing Building Code of the City of Aspen, hereinafter referred to as “this code.” b. Section 101.2 Scope is amended by deleting the exception. c. Section 101.2.2 International Residential Code. All references to the International Residential Code (IRC) within this code shall be deleted and the requirement of this code as it pertains to one- and two-family dwellings and townhouses shall apply. d. Section 101.4.2 is amended by deleting the reference to the International Property Maintenance Code e. Section 103.1 Creation of agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. f. Section 108.1 Payment of fees. is hereby amended to read as follows: A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Aspen Municipal Code are paid in full. g. Section 108.6 Refunds. The building official shall authorize the refunding of fees as follows. a. The full amount of any fee paid hereunder which was erroneously paid or collected. b. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. c. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The building official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. h. Section 112.1 General. Appeals of orders, decisions or determinations made by the building official shall be in accordance with Section 8.08 of the Aspen Municipal Code. i. Section 113.1 Unlawful acts. It shall be unlawful for any person, including an owner, occupant or builder, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done, contrary to or in violation of any of the provisions of this Code. j. Section 113.4 Violation penalties. A violation of any of the provisions of the International Existing Building Code shall constitute a misdemeanor, punishable upon conviction by a fine, 27 imprisonment, or both a fine and improvement, as set forth in Section 1.04.080 of the Aspen Municipal Code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Code occurs or continues unabated after the time limit set for abatement of the violation. k. Section 116.4 Failure to comply. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than double the permit fees for each violation. l. Section 302.2 Additional codes is amended by deleting the reference to the International Property Maintenance Code and the International Private Sewage Disposal Code m. Section 505.2 Window openings control devices on replacement windows is amended by deleting Item 3.2 n. Section 702.4 Window opening control devices on replacement windows. Is amended by deleting Item 3.2 o. Section 708.1 Minimum requirements. Level 1 alterations to existing buildings shall comply with chapter 5 of the International Energy Conservation Code. p. 801.4 Compliance, Exception 7 is added as follows: Exception 7. Habitable spaces created in existing basements of R-3 occupancies shall have a ceiling height of not less than 6 feet, 8 inches (2032) except that the ceiling height at obstructions shall be not less than 6 feet 4 inches (1930 mm) from the basement floor. Existing ceiling heights in nonhabitable spaces in basements shall not be reduced. q. 804.10.1 Minimum requirement. Every required exit stairway that is part of the means of egress for any work area and that has three or more risers and is not provided with not fewer than one handrail, or in which the existing handrails are judged to be in danger of collapsing, shall be provided with handrails for the full length of the stairway on not fewer than one side. Exit stairways with a required egress width of more than 66 inches (1676 mm) shall have handrails on both sides. Exception. R-3 occupancies shall comply with Section 804.10.1 on flights of stairs with four or more risers. r. 804.11 Stairs. Stairs in Group R-3 occupancies shall be permitted to comply with Sections 804.11.1 through 804.11.3. 804.11.1 Stair width. Existing basement stairs and handrails not otherwise being altered or modified shall be permitted to maintain their current clear width at, above and below existing handrails. 804.11.2 Stair headroom. Headroom height on existing basement stairs being altered or modified shall not be reduced below the existing stairway finished headroom. Existing basement stairs not otherwise being altered shall be permitted to maintain the current finished headroom. 804.11.3 Stair landing. Landings serving existing basement stairs being altered or modified shall not be reduced below the existing stairway landing depth and width. Existing basement stairs not otherwise being altered shall be permitted to maintain the current landing depth and width. s. Section 809.1 Minimum requirements. Level 2 alterations to existing buildings shall comply with Chapter 5 of the International Energy Conservation Code. t. Section 904.1.4 Groups A, B, E, F-1, H, I-1, I-3, I-4, M, R-1, R-2, R-3, R-4, S-1 and S-2. In buildings with occupancies in Groups A, B, E, F-1, H, I-1, I-3, I-4, M, R-1, R-2, R-3, R-4, S-1 and S-2 work areas shall be provided with automatic sprinkler protection in accordance with the International Building Code as applicable to new construction. u. Section 907.1 Minimum requirements. Level 3 alterations to existing buildings shall comply with Chapter 5 of the International Energy Conservation Code. v. Section 1011.2.1 Fire sprinkler system, Exceptions 1, 2 and 3 are deleted. w. Section 1104.1 Minimum requirements. Additions to existing buildings shall comply with Chapter 5 of the International Energy Conservation Code. 28 x. Section 1301.3.2 Compliance with other codes is amended by deleting the reference to the International Property Maintenance Code. y. Section 1401.2 Conformance is amended by deleting the reference to the International Property Maintenance Code. (Ord. No. 59-2003, § 6) 29 Section 6. Chapter 8.36 of the Aspen Municipal Code is hereby amended to read as follows: Chapter 8.36 INTERNATIONAL PLUMBING CODE Editor's note—Ord. No. 55-1999, § 5, repealed former Ch. 8.36, pertaining to the Plumbing Code and enacted a new Ch. 8.36 as herein set out. Former Ch. 8.36 was derived from Code 1962 §§ 4-3-1—4-3-5, Code 1971 §§ 7-213—7-218 and Ord. Nos. 1969-1, 9-1988, 58-1990, 53-1994, 53-1995, 12-1996 and 43-1996. Sec. 8.36.010. Adoption of the International Plumbing Code, 2021 Edition. 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 Colorado Plumbing Code (as required by C.R.S. Title 12 Article 155 and the Colorado State Plumbing Board) and the International Plumbing 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 8.36.020 of this Chapter. At least one (1) copy of the International Plumbing Code shall be available for inspection during regular business hours. Sec. 8.36.020. Amendments. The International Plumbing Code, 2021 Edition, as adopted by the City at Section 8.36.010 above, is hereby amended to provide and read as follows: a. All references to the International Residential Code (IRC) within this code shall be deleted and the requirement of this code as it pertains to one- and two-family dwellings and townhouses shall apply b. Section 101.1 Title. These regulations shall be known as the International Plumbing Code of City of Aspen hereinafter referred to as "this code." c. Section 101.2 Scope is amended by deleting the exception. d. Section 102.8 Referenced codes and standards is amended by adding the exception as follows: Exception. All references to the International Residential Code (IRC) within this code shall be deleted and the requirement of this code as it pertains to one- and two-family dwellings and townhouses shall apply. e. Section 103.1 Creation of agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of this code. f. Section 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Aspen Municipal Code are paid in full. g. Section 109.5 Refunds. The building official shall authorize the refunding of fees as follows: a. The full amount of any fee paid hereunder that was erroneously paid or collected. b. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. c. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. h. Section 113.4 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 a fine of not less than double the permit fee for each violation. i. Section 114.1 General. Appeals or orders, decisions or determinations made by the building official shall be in accordance with Chapter 8.08 of the Aspen Municipal Code. 30 j. Section 115.1 Unlawful acts. It shall be unlawful for any person, including an owner, occupant or builder, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done, contrary to or in violation of any of the provisions of this Code. k. Section 115.4 Violation penalties. A violation of any of the provisions of the International Plumbing Code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and improvement, as set forth in Section 1.04.080 of the Aspen Municipal Code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Code occurs or continues unabated after the time limit set for abatement of the violation. l. Section 305.4.1 Sewer Depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 48 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 48 inches below grade. m. Section 403.1.1 Fixture calculations. To determine the occupant load of each sex, the total occupant load shall be divided in half. To determine the required number of fixtures, the fixture ratio or ratios for each fixture type shall be applied to the occupant load of each sex in accordance with Table 403.1. Fractional numbers resulting from applying the fixture ratios of Table 403.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies, such fractional numbers for each occupancy shall first be summed and then rounded up to the next whole number. Exceptions: 1. The total occupant load shall not be required to be divided in half where approved statistical data indicate a distribution of the sexes of other than 50 percent of each sex. 2. Where multiple-user facilities are designed for use by all genders, the minimum fixture count shall be calculated 100 percent, based on total occupant load. In such multiple-user facilities, each fixture type shall be in accordance with ICC A117.1 and each urinal that is provided shall be located in a stall n. Section 403.1.2 Single-user toilet and bathing room fixtures. The plumbing fixtures located in single-user toilet and bathing rooms, including family or assisted-use toilet and bathing rooms, shall contribute toward the total number of required plumbing fixtures for a building or tenant space, and shall be deducted proportionately from the required gender ratios of Table 403.1. Single-user toilet and bathing rooms, and family or assisted-use toilet rooms and bathing rooms shall be identified as being available for use by all persons regardless of sex. The total number of fixtures shall be permitted to be based on the required number of separate facilities or based on the aggregate of any combination of single-user or multiple-user facilities. o. Section 403.2 Separate Facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex. Exceptions: 1. Separate facilities shall not be required for dwelling units and sleeping units. 2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 25 or fewer. 3. Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer. 4. Separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer. 5. Separate facilities shall not be required to be designated by sex where single-user toilet rooms are provided in accordance with Section 403.1.2. 6. Separate facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by all genders and privacy is provided for water closets in accordance with Section 405.3.4 and for urinals in accordance with Section 405.3.5.1. 31 p. Section 403.3.6 Door locking. Where a toilet room is provided for the use of multiple occupants, the egress door for the room shall not be lockable from the inside of the room. This section does not apply to family or assisted-use toilet rooms. q. Section 403.3.7 Doors prohibited. Where a multiple-user facility or toilet room is designed for use by all genders, the room serving the single-user toilet compartments shall not be provided a door at the egress opening from the room. r. 405.3.4 Water closet compartment. Each water closet utilized by the public or employees shall occupy a separate compartment with walls or partitions and a door enclosing the fixtures to ensure privacy. Partitions for water closets located in multiple-user facilities designed for use by all genders shall have fully enclosed floor to ceiling height compartments with full height lockable doors that have hardware to indicate if it is occupied or not. Compartments shall be provided with a local exhaust in accordance with Table 403.3.1.1 of the International Mechanical Code. [Exceptions remain] s. Section 405.3.5.1 Urinal compartment. Partitions for urinal compartments located in multiple- user facilities designed for use by all genders shall have fully enclosed floor to ceiling height compartments with full height lockable doors that have hardware to indicate if it is occupied or not. t. Section 424.2 Substitution for water closets. In each bathroom or toilet room, urinals shall not be substituted for more than 67 percent of the required water closets for males according to Table 403.1 in assembly and educational occupancies. Urinals shall not be substituted for more than 50 percent of the required water closets for males according to Table 403.1 in all other occupancies. u. Section 606.1 Location of Full-open valves is amended by replacing item 2 and deleting item 2.1 as follows: 2. On the water distribution supply pipe at the entrance into the structure and at the entrance to each dwelling unit and tenant space. v. Section 702.3.1 Vitrified clay pipe. Vitrified clay pipe shall not be permitted as a building sewer pipe. w. Section 903.1.1 Roof extension unprotected. Open vent pipes that extend through a roof shall be terminated not less than 12 inches above the roof. x. Section 1101.2 Disposal. Rainwater from roofs and storm water from paved areas, yards, courts and courtyards shall drain to an approved place of disposal and shall not discharge over a walking surface. For one- and two-family dwellings, and where approved, storm water is permitted to discharge onto flat areas, such as streets or lawns, provided that the storm water flows away from the building. y. Section 1108.2 Separate systems required. Secondary roof drain systems shall have the end point of discharge separate from the primary system. Discharge shall be above grade, in a location that would normally be observed by the building occupants or maintenance personnel. Discharge shall not be located over an egress path. (Ord. No. 55-1999, § 5(part); Ord. No. 47-2002 § 13, 2002; Ord. No. 59-2003, § 7; Ord. No. 31-2011§8) 32 Section 7. Chapter 8.44 of the Aspen Municipal Code is hereby amended to read as follows: Chapter 8.44 INTERNATIONAL MECHANICAL CODE Editor's note—Ord. No. 55-1999, § 6, repealed former Ch. 8.44, pertaining to the Mechanical Code and enacted a new Ch. 8.44 as herein set out. Former Ch. 8.44 was derived from Code 1971 §§ 7-245—7-247 and Ord. Nos. 32-1981, 57-1990, 53-1994, 53-1995, 12-1996 and 43-1996. Sec. 8.44.010. Adoption of the 2021 Edition of the International Mechanical 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 Mechanical 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 8.44.020 of this Chapter. At least one (1) copy of the International Mechanical Code shall be available for inspection during regular business hours. Sec. 8.44.020. Amendments. The International Mechanical Code, 2021 Edition, as adopted by the City at Section 8.44.010, is hereby amended to provide and read as follows: a. All references to the International Residential Code (IRC) within this code shall be deleted and the requirement of this code as it pertains to one- and two-family dwellings and townhouses shall apply b. Section 101.1 Title. These regulations shall be known as the Mechanical Code of the City of Aspen, hereinafter referred to as "this code." c. Section 101.2 Scope is amended by deleting the exception d. Section 103.1 Creation of agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. e. Section 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Aspen Municipal Code are paid in full. f. Section 109.6 Refunds. The building official shall authorize the refunding of fees as follows. 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. The building official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. g. Section 113.4 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 a fine of not less than double the permit fee for each violation h. Section 114.1 General. Appeals of orders, decisions or determinations made by the building official shall be in accordance with Chapter 8.08 of the Aspen Municipal Code. i. Section 114.2 Limitations on authority is deleted. j. Section 114.3 Qualifications is deleted. k. Section 114.4 Administration is deleted. l. Section 115.1 Unlawful acts. It shall be unlawful for any person, including an owner, occupant or builder, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or 33 demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done, contrary to or in violation of any of the provisions of this Code. m. Section 115.4 Violation penalties. m. A violation of any of the provisions of the International Mechanical Code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and improvement, as set forth in Section 1.04.080 of the Aspen Municipal Code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Code occurs or continues unabated after the time limit set for abatement of the violation. n. Section 202 Definitions is amended by replacing the following definitions: LOWER FLAMMABLE LIMIT (REFRIGERANT) (LFL). The minimum concentration of refrigerant that is at which a flame is capable of propagating a flame through a homogeneous mixture of refrigerant and air under specific test conditions in accordance with ASHRAE 34. REFRIGERANT. The fluid used for heat transfer in a refrigeration system that undergoes a change of state to absorb heat. REFRIGERATION SYSTEM. A combination of interconnected parts in which a refrigerant is enclosed and is circulated for the purpose of extracting then rejecting heat. o. Section 202 Definitions is amended by adding the following definitions: STEAM BATH EQUIPMENT. Includes steam bath generators, combination room and steam generator systems, and steam bath cabinets intended for high-humidity concentrated heating at elevated temperatures for personal bathing. p. Section 306.5 Equipment and appliances on roofs or elevated structures is amended by replacing item 1 as follows: 1. The side railing shall extend above the parapet or roof edge not less than 42 inches (1067 mm). q. Section 401.2 Ventilation required. Every occupied space shall be ventilated by natural means in accordance with Section 402 or by mechanical means in accordance with Section 403. Dwelling units shall be ventilated by mechanical means in accordance with Section 403. Ambulatory care facilities and Group I-2 occupancies shall be ventilated by mechanical means in accordance with Section 407. r. Section 401.4 is amended by adding item 5 as follow: 5. The bottom of intake openings shall be located not less than 36 inches (914 mm) above finished grade or finished surface. s. Section 403.1 Ventilation system. Mechanical ventilation shall be provided by a method of supply air and return or exhaust air. The amount of supply air shall be approximately equal to the amount of return and exhaust air. The system shall not be prohibited from producing negative or positive pressure. The system to convey ventilation air shall be designed and installed in accordance with Chapter 6. t. Section 403.3.2.1 Outdoor air for dwelling units. Balanced ventilation systems shall be installed to provide outdoor air for each dwelling unit. A ducted system shall supply air directly to each bedroom and to one or more of the following rooms: 1. Living room 2. Dining room 3. Kitchen The outdoor air balanced ventilation system shall be designed to provide the required rate of outdoor air continuously during the period that the building is occupied. The minimum continuous outdoor airflow rate shall be determined in accordance with Equation 4-9. Qr = ((0.01 x Afloor) + [7.5 x (Nbr + 1)]) x Sc Equation 4-9 34 Where: Qr = ventilation flow rate, cubic feet per minute (cfm) Afloor = Conditioned floor area in square feet (ft2) Nbr = number of bedrooms, not less than one Sc = 0.70 (system coefficient for balanced systems) a. Section 501.6 Common ducts. The discharge from exhaust fans serving separate dwelling or sleeping units shall not be connected to a common duct or shaft, except where the common duct or shaft is maintained at a negative pressure. b. Section 505.1 General. Domestic cooking exhaust equipment shall comply with the requirements of this section and the venting recommendations of the cooking appliance it serves. c. Section 701.3 Combustion air ducts. Combustion air ducts shall terminate to the outside a minimum of 36 inches (914 mm) above finished grade. d. Section 804.3.4 Horizontal terminations is amended by replacing item 6 as follows: 6. The bottom of the vent termination shall be located not less than 36 inches (914 mm) above finished grade. e. Section 901.5 Fireplaces allowed. The number of fireplaces allowed shall be determined by Section 13.08.070 of the Aspen Municipal Code. f. Section 903.3 Gas log heaters. Gas log heaters are prohibited. g. Section 917.2.1 Exhaust required. Combustion equipment for domestic cooking appliances in dwelling units shall be provided an exhaust system in accordance with Section 505 and sized to provide a minimum of 150 CFM of intermittent exhaust. Exception. An exhaust system shall not be required for existing cooking appliances. a. SECTION 931 STEAM BATH EQUIPMENT is added as follows: 931.1 General. Steam bath equipment shall be listed and labeled in accordance with UL 499 and shall be installed in accordance with their listing and the manufacturer’s instructions. b. Section 1203.16 Stainless steel pipe. Joints between stainless steel pipe or fittings shall be mechanical joints that are made with an approved elastomeric seal, or shall be threaded or welded joints conforming to Section 1203.3.6 c. Section 1203.17 Stainless steel tubing. Joints between stainless steel tubing or fittings shall be mechanical or welded joints conforming to Section 1203.3.6 (Ord. No. 55-1999, § 6 [part]; Ord. No. 47-2002, § 14; Ord. No. 59-2003, § 8; Ord. No. 31-2011§9) 35 Section 8. Chapter 8.45 of the Aspen Municipal Code is hereby amended to read as follows: Chapter 8.45 INTERNATIONAL SWIMMING POOL AND SPA CODE Sec. 8.45.010. Adoption of the 2021 Edition of the International Swimming Pool and Spa 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 Swimming Pool and Spa Code, 2015 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 8.44.020 of this Chapter. At least one (1) copy of the International Swimming Pool and Spa Code shall be available for inspection during regular business hours. Sec. 8.45.020. Amendments. The International Swimming Pool and Spa Code, 2015 Edition, as adopted by the City at Section 8.45.010, is hereby amended to provide and read as follows: a. Section 101.1 Title. These regulations shall be known as the Swimming Pool and Spa Code of the City of Aspen, hereinafter referred to as "this code." b. SECTION 103 DEPARTMENT OF BUILDING SAFETY c. Section 103.1 General. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. d. Section 105.6.2 Fee schedule. A permit shall not be valid until the fees prescribed by Section 2.12.100 of this Code are paid in full. e. Section 105.6.3 Fee refunds. The code official shall authorize the refunding of fees as follows. a. The full amount of any fee paid hereunder which was erroneously paid or collected. b. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. c. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The code official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. f. Section 107.4 Violation Penalties. a. It shall be unlawful for any person, including an owner, occupant or builder, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done, contrary to or in violation of any of the provisions of this Code. b. A violation of any of the provisions of the International Mechanical Code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and improvement, as set forth in Section 1.04.080 of this Code. A separate offense shall be 36 deemed committed on each day or portion thereof that the violation of any of the provisions of this Code occurs or continues unabated after the time limit set for abatement of the violation. g. Section 107.5 Stop Work Orders. Upon notice from the code official that work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner's agent, or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than double the permit fees for each violation. h. Section 108.1 Appeals shall be in accordance with Chapter 8.08 of this Code. i. Section 302.1 Electrical. Electrical requirements for aquatic facilities shall be in accordance with NFPA 70 (delete or the International Residential Code) as applicable in accordance with Section 102.7.1 j. Section 303.2 Portable Spas. The energy consumption of electric-powered portable spas shall be controlled by the requirements of APSP 14 and approved by the California Energy Commission (CEC). 37 Section 9. Chapter 8.46 of the Aspen Municipal Code is hereby amended to read as follows: Chapter 8.46 INTERNATIONAL ENERGY CONSERVATION CODE Sec. 8.46.010. Adoption of the 2021 Edition of the International Energy Conservation Code - Commercial Provisions. 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 Energy Conservation Code, 2021 Edition, including Appendix CD and all errata 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 8.20.020 of this Chapter. At least one (1) copy of the International Energy Conservation Code - Commercial Provisions shall be available for inspection during regular business hours. Sec. 8.46.020. Amendments. The International Energy Conservation Code – Commercial Provisions, 2021 Edition, as adopted by the City at Section 8.20.010, is hereby amended to read per Exhibit A. Sec. 8.46.030. Adoption of the 2021 Edition of the International Energy Conservation Code - Residential Provisions. 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 Energy Conservation Code, 2021 Edition, including Appendix RD and all errata 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 8.20.020 of this Chapter. At least one (1) copy of the International Energy Conservation Code - Residential Provisions shall be available for inspection during regular business hours. Sec. 8.20.020. Amendments. The International Energy Conservation Code – Residential Provisions, 2021 Edition, as adopted by the City at Section 8.20.010, is hereby amended to read per Exhibit B. 38 Section 10. Chapter 8.48 of the Aspen Municipal Code is hereby amended to read as follows: Chapter 8.48 INTERNATIONAL SOLAR ENERGY PROVISIONS Sec. 8.48.010. Adoption of the 2021 Edition of the International Solar Energy Provisions. 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 Solar Energy provisions, 2015 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 8.44.020 of this Chapter. At least one (1) copy of the International Solar Energy Provisions shall be available for inspection during regular business hours. Sec. 8.48.020. Amendments. The International Solar Energy Provisions, 2021 Edition, as adopted by the City at Section 8.48.010, is hereby amended to provide and read as follows: (a) Section CS101.1 Title. These regulations shall be known as the International Solar Energy Provisions of City of Aspen hereinafter referred to as “this code.” 39 Section 11. Chapter 8.50 of the Aspen Municipal Code is hereby amended to read as follows: Chapter 8.50 INTERNATIONAL FIRE CODE Sec. 8.50.010. As adopted by the Aspen Fire Protection District Resolution 2022-09-01 Series of 2022, including amendments as provided in Section 8.50.020 Sec. 8.50.020. Amendments. The International Fire Code, 2021 Edition, as adopted by the Aspen Fire Protection District in Section 8.50.010 above, is hereby amended to provide and read as follows: Section 101.2.2 International Residential Code is added as follows: 101.2.2 International Residential Code. All references to the International Residential Code (IRC) within this code shall be deleted and the requirement of this code as it pertains to one- and two-family dwellings and townhouses shall apply Section 903.2 Where required is amended by adding the following paragraph and Exception 2. Any structures 3,000 square feet or greater as defined by fire area, all Group R occupancies, and any location that is difficult to access, as determined by the fire code official, shall be equipped with an approved automatic sprinkler system including the installation of a fire department connection. A minimum of a three-sprinkler head hydraulic calculation shall be submitted for approval by the fire code official, and the official may require a larger number of sprinkler heads depending upon the structural design submitted. Fire separations shall not constitute separate buildings for this purpose, including all R- 3 occupancies. Section 915 Carbon Monoxide Detection. This section is deleted in its entirety and is replaced with Section 8.15 of the Aspen Code. Section 1207.11.3. Location, Item 4 is replaced as follows: 4. Enclosed utility closets, basements, storage or utility spaces within dwelling unit with finished or noncombustible walls and ceilings. Wall and ceilings of unfinished wood-framed construction shall be provided with not less than 5/8-inch (15.9 mm) Type X gypsum wallboard. Add: ESS shall not be installed in sleeping rooms, or closets or spaces opening directly into sleeping rooms. Section 1207.11.11 Documentation and labeling. The following information shall be provided: 1. A copy of the manufacturer’s installation, operation, and decommissioning instructions shall be provided to the owner or placed in a conspicuous location near the ESS equipment. 2. A label on the installed system containing the contact information for the qualified maintenance and service providers. Section 12: Expedited permit review for projects that are all-electric, as defined in the Aspen Amended 2021 International Residential and Commercial Energy Conservation Codes, will be available per Community Development’s Expedited Permit Review policy. Section 13: Any scrivener’s errors contained in the code amendments herein, including but not limited to mislabeled subsections or titles, may be corrected administratively following adoption of the Ordinance. 40 Section 14: This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior resolutions or ordinances. Section 15: If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 16: A public hearing on this ordinance was held on the 24th day of January 2023, at a regular meeting of the Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall. By a vote of X-X (X-X) City Council approved Ordinance #1, Series of 2023 at Second Reading. INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the 10th day of January 2023. ATTEST: ____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor FINALLY, adopted, passed and approved this 24th day of January 2023. ATTEST: _____________________________ ____________________________ Nicole Henning, City Clerk Torre, Mayor APPROVED AS TO FORM: _____________________________ James R. True, City Attorney EXHIBIT A: International Energy Conservation Code – Commercial Provisions EXHIBIT B: International Energy Conservation Code – Residential Provisions MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Bonnie Muhigirwa, Chief Building Official Denis Murray, Plans Examination Manager Nick Thompson, Plans Examiner/Inspector III THROUGH: Ben Anderson, Community Development Deputy Director Phillip Supino, Community Development Director MEMO DATE: January 13, 2023 MEETING DATE: January 24, 2023 RE: Second Reading, Proposed Amendments to Building Regulations, Title 8, Aspen Municipal Code: Ordinance #1, Series of 2023 REQUEST OF COUNCIL: City Council is asked to review and approve Ordinance #1, Series 2023 at Second Reading. Ordinance #1, Series 2023 updates the building regulations in Title 8 and positions the City of Aspen to administer the suite of 2021 International Codes. It includes Aspen- specific amendments in the areas of resiliency, energy conservation and carbon emissions reduction in the built environment. QUESTIONS FROM FIRST READING: At First Reading, City Council requested additional information regarding: stakeholder feedback; impacts on affordable housing and local serving businesses; staff capacity for expediting all-electric projects; and utility capacity for expanding fire sprinkler requirements. Response information is itemized below. Feedback Received at Stakeholder Meetings Notes from the stakeholder meetings have been included in Exhibit G. This feedback was incorporated into several aspects of the Energy Code provisions. For example, two changes were made to the glazing requirements including making the U-factor (non-solar heat flow rate) slightly less restrictive in response to what is available locally. A solar heat gain coefficient requirement was added after hearing from several mechanical engineers about the prevalence of winter cooling loads that result from solar heat gain. Stakeholder input also informed the recommendation to incentivize all-electric projects through Page 2 of 8 Ordinance No. 1, Series of 2023, Second Reading 2021 Building Code Adoption expedited permit review. We heard that time was overwhelmingly the biggest motivator we could offer owners who are considering adopting this new approach. Stakeholders recommended capping amenity loads such as snowmelt and pools for the greatest impact on emissions and to make electrification more feasible. Impact on Affordable Housing and Local Serving Businesses The changes to the renewable energy mitigation program and residential exterior energy budget are targeted at the largest energy loads which include snowmelt systems, pools, and spas. These amenities are not typically seen in affordable housing and local serving businesses. Exemptions exist for exterior energy more common to affordable housing and local serving businesses including snow melt in accessible routes, the first 1,000W of heat tape, and one package portable electric spa. Other new code provisions including the increased insulation values in the thermal envelope will have up-front cost implications for new affordable housing projects but will ultimately result in improved building performance and lower utility bills. Staff Capacity for Expediting All-Electric Permits Given the complexities and hurdles to designing an all-electric building, staff does not anticipate a large volume of all-electric permits. Community Development has developed an expedited permit policy that has been used successfully on Aspen Modern, Small Lodge Preservation Program projects, and all affordable housing projects for several years. This process can be used to expedite a handful of all-electric projects without negatively impacting the permitting process as a whole. Fire Sprinklers and Utility Capacity A concern was raised wondering if there is adequate water service capacity for expanding fire sprinkler requirements and how it could impact wildfire response. Building Department staff spoke to Tyler Christoff, Deputy Director of Public Works; Parker Lathrop, Aspen Fire Protection District board member; and Jan Legersky, Fire Marshall at Aspen Fire to explore these concerns. The utility sizes the water system based on the domestic water and fire suppression system needs, not for fighting wildfires. This is because wildfires require a very different response than structure fires and suppression methods are impacted by unpredictable variables such as indeterminate time and acreage. Fire sprinkler systems are intended to fight structure fires by preventing fire growth and spread, protecting occupants, and decreasing property damage. These systems have been shown to use less water to put out a structure fire than fire department hoses which often don’t arrive until the fire is uncontained. City staff believe these requirements provide the most impactful and conscientious use of resources in the event of an emergency. CHANGES TO ORDINANCE #1 SINCE FIRST READING Changes to Ordinance #1 Series 2023 included formatting, grammar, word choice, and other minor adjustments. Those changes are highlighted in the redlined versions of Title Page 3 of 8 Ordinance No. 1, Series of 2023, Second Reading 2021 Building Code Adoption 8 and the Residential and Commercial Energy Codes found in Exhibits A, B, and C. Changes of note include:  Section C401.2.2, ASHRAE 90.1 Performance Path of Compliance was revised because it referenced the incorrect version of the ASHRAE standard. The correct edition is listed in the unamended 2021 IECC Chapter 6 Referenced Standards.  REMP Appendix RD was revised for language consistency: ‘budget’ has replaced ‘cap’ throughout.  2021 IECC Chapter 6 Referenced Standards has been added because it was previously omitted in error. There are no local amendments to this chapter. SUMMARY AND BACKGROUND The International Codes (I-Codes), are a body of coordinated codes adopted widely throughout the United States to ensure that the built environment is safe, accessible, sustainable, and resilient. New building codes are released every three years, and Aspen traditionally adopts new codes every six years. Currently Aspen is on the 2015 International Codes as adopted by Council in 2016, and this ordinance will adopt the 2021 I-codes. Ordinance 1, Series of 2023, additionally includes local amendments primarily focused on energy conservation, emissions reduction, and wildfire resiliency. Previous Council Direction During a Council work session in May 2021, staff asked for initial direction on what amendments to pursue as part of this code update. Council provided direction to develop a robust energy code that would go above and beyond the national standards and other regional jurisdictions to align with Council’s climate action goals and specifically to reduce carbon emissions in the built environment. A second work session was held in September of 2022. Staff presented work to date and requested further direction around three strategies for reducing operational emissions in the built environment: 1) building electrification, 2) energy efficiency, and 3) renewable offsets. While all-electric buildings offer the most impactful opportunity for carbon reduction, numerous challenges to a fully electric built environment remain unresolved or in transition. In response to this discussion, Council supported taking a phased approach in pursuit of electrification. This code adoption will incentivize applicants to construct all electric buildings but not require it. After this code adoption is finalized, staff will engage a task force, comprised of representatives from impacted City departments, local utilities, and other subject matter experts, to develop a comprehensive building electrification roll- out plan. At First Reading of Ordinance #1, 2023 on January 10th, Council gave staff direction regarding three aspects of the proposed Energy Code. Council confirmed that they support 100% renewable offset or fee payment for the expanded amenity loads now covered in the Renewable Energy Mitigation Program. There was also support for the 200,000,000 BTU budget for residential exterior energy usage and for expedited permit review for projects that pursue 100% electrification. Lastly, Council supported more frequent Energy Code updates to be responsive to the Council’s climate goals and the rapidly changing landscape of building and electrification technologies. Page 4 of 8 Ordinance No. 1, Series of 2023, Second Reading 2021 Building Code Adoption Consultant Involvement For nearly two years the Building Department has worked with building code consultants and City staff in the Planning, Utilities, and Environmental Health departments to draft Aspen specific amendments and energy code policies which align with the science-based targets for reducing emissions. Additionally, there was much focus on ensuring these amendments are realistic and achievable in Aspen’s climate and complex built environment. The consultant team includes Mozingo Code Group and Resource Engineering Group (REG). Shaunna Mozingo has been nationally recognized for work in building and energy code development and has decades of experience teaching in code enforcement, instruction, and assisting jurisdictions across Colorado with code adoption. August Hasz, P.E. with REG has designed numerous mechanical systems in the Aspen area and has worked with Pitkin County and other mountain communities to optimize their REMP programs. Both groups, as well as Mark McClain with Confluence Architecture provided valuable modeling to demonstrate the impacts of the energy code changes. Joseph Lstiburek, Ph.D., P.E., ASHRAE Fellow, of Building Science Corporation advised on many of the prescriptive insulation values included in the energy code. These come from years of data on model net zero houses in cold climates1. Community Engagement Community engagement efforts took place throughout the fourth quarter of 2022. Small group stakeholder meetings were held with local architects, engineers, and contractors to familiarize them with upcoming code changes and gather feedback on the impacts and merits of various code proposals. A public open house was held in December to publicize the upcoming code changes. The Building Code Board of Appeals met to review complete drafts of the codes. Across the various settings, feedback was universally positive on the importance of aligning building and energy codes with the City’s climate action goals. Staff gained valuable feedback regarding the availability and practicality of the envelope components as well as a greater understanding of the complex systems common in Aspen’s residential construction. This feedback informed and improved the final energy code and will also guide future energy conservation and electrification policies. Residential Demolition and Redevelopment Standards The first roll out of this effort toward greater alignment between climate and environmental goals with the building code came with the Residential Demolition and Redevelopment Standards adopted in Ordinance 13, 2022 (Residential Building response to the moratorium). Many of the energy performance requirements that were placed on the single-family residential projects receiving demolition allotments will now be required for all new construction. Lessons learned from projects being designed to these standards have been incorporated into this adoption particularly around the electric-ready provisions. MAJOR CHANGES: The 2021 International Codes will update Aspen’s current 2015 codes to improve resiliency, energy efficiency, equity, and safety. Some examples are allowances for 1 https://www.buildingscience.com/documents/insights/bsi-081-zeroing-in Page 5 of 8 Ordinance No. 1, Series of 2023, Second Reading 2021 Building Code Adoption gender neutral toilet rooms, new uses for carbon storing cross laminated timber, fire safety requirements for battery energy storage, and modernized handicap accessibility provisions. Code amendments to the Energy Conservation Code which are unique to Aspen are focused on reducing high energy loads and expanding onsite renewable energy which will help the municipality achieve the established Climate action goals of being net zero by 2050. The International Residential Code will not be adopted: Instead, the International Building Code and other related code books will be used for single family residences and duplexes rather than the International Residential Code. The reason for the change is that most homes in Aspen and the systems within them are complex and more similar to commercial buildings than to the average, American home. This does not change the code requirements for single family homes but gives more specific guidelines. It will impact those in the design and construction communities who may need to familiarize themselves with where to locate these requirements in a different book. The pervasiveness of the International Codes ensures that this difference will not be an obstacle to development industry professionals successfully navigating the permit and development process. All new residential construction will require fire sprinklers: Previous local ordinances had exceptions for residential buildings that were under 5,000 square feet, but Aspen will now align with the IBC which requires sprinklers in all new construction. Alterations and additions will follow the Existing Building Code and policies set by the Aspen Fire Protection District. Portions of the Wild Land Urban Interface Code will be adopted: Aspen along with many Colorado communities is looking for ways to make our built environment more resilient to wildfires. The sections of the Wild Land Urban Interface Code being adopted will require ignition-resistive construction on the exterior of all new construction to stop the spread of fire in the event of a wildfire. Gender neutral restrooms are now permissible in the code: New to the 2021 International Codes is the allowance of gender-neutral restrooms to satisfy the required number of plumbing fixtures. Energy Code Changes: Aspen’s local amendment package requires an extremely high- performing envelope for new construction, which models show to be 20-25% more efficient than the baseline 2021 energy code. This is achieved through increasing the insulation values, limiting the percentage of allowable glazing (glass), and minimizing air leakage. These proposed requirements are achievable and will allow newly constructed buildings to remain high performing well into the future. Additional measures were informed by our participation in the creation of the upcoming 2024 International Codes. Where practical and beneficial these proposals have been incorporated into this adoption to ensure that Aspen’s amendments are forward thinking and in align with the direction of the international codes. Page 6 of 8 Ordinance No. 1, Series of 2023, Second Reading 2021 Building Code Adoption  Prescriptive envelope requirements: o Residential insulation requirements of R 60 in the roof, R 40 in the framed walls, R 20 in the basement walls, and windows that will be triple paned with max U-factor of .26 o Commercial insulation requirements of R-34-37 in metal and wood framed walls, R 40 in roofs, U-factor of .33 for operable fenestration  Maximum 30% glazing to wall area: Even with extremely high performing windows, window openings are by far the weakest link in the building’s thermal envelope. Limiting glazing to wall ratio is an important aspect to maximizing building envelope performance. This provision previously only applied to commercial uses but would now apply to residential buildings under the proposed code.  Performance and ERI (Energy Rating Index): Alternative paths are available to give applicants options for providing comparable efficiency measures.  Benchmarking: via the building IQ program, new construction will be required to provide building performance data to inform future policy.  Sensible, feasible, electric-ready provisions: ie, wiring for the eventual replacement of gas stoves and clothes dryers.  New triggers for energy efficiency requirements: Major alterations of existing buildings will have new requirements for energy performance upgrades.  Expanded electric vehicle (EV) charging: Parking areas will have EV chargers or be EV ready depending on the occupancy type. Expanded Renewable Energy Mitigation Program Since its inception in 1999, the Renewable Energy Mitigation Program (REMP) has offset the energy use of exterior amenities including snowmelt, pools, and spas by requiring an equivalent on-site renewable energy system or a payment option used to fund community renewable and efficiency projects. This payment option has a successful history of achieving a greater energy savings impact than on-site solar by a factor of 12 to 1 under CORE’s stewardship. This ordinance will expand Aspen’s REMP program to offset energy consumptive carbon emitting amenities including:  Outdoor heating for both commercial dining and residential uses  Roof and gutter heat tape (1000 watts is exempt)  Gas fireplaces (both indoor and outdoor) Our consultants with Resource Engineering Group have updated the REMP calculations for the required amount of onsite solar PV, solar hot water, ground source heat pumps, or air source heat pumps needed to offset the various amenity loads. Below are examples for the new offset requirements and equivalent fee payment options. Per Council’s direction at First Reading, all amenities are programmed for 100% offset. Page 7 of 8 Ordinance No. 1, Series of 2023, Second Reading 2021 Building Code Adoption Ex 1: 100 sq ft of residential snowmelt = 1.7 kW of solar PV = $5,538.86 Ex 2: 1 x 50,000 BTU (large) residential gas fireplace appliance = 3.87 kW of solar PV = $12,562.23 Ex 3: 2,000 total watts of residential heat tape (first 1,000 watts exempt) = 1.04 kW of solar PV = $3,386.50 (Used for snow melting on roof structures) Ex 4: 6 x 4,000 watt commercial dining outdoor heater = 16.16 kW of solar PV = $52,520.00 A Budget for Residential Exterior Energy Use As evidenced in the City of Aspen Energy Modeling Report from Resource Engineering Group (Exhibit F), exterior energy often accounts for a disproportionate percentage of a home’s total energy usage. In the model homes used in the analysis, snowmelt, pools, and spas made up 27%-69% of the total energy load. Giving residential units an energy budget for exterior energy will significantly reduce their overall energy load while still allowing for some flexibility in design. The total aggregate annual energy use of all exterior energy uses would be limited by this code update to 200,000,000 BTU per building site. This energy use may be distributed among the types of regulated energy uses at the discretion of the applicant. Below are examples of how that energy budget could be used. Ex 1: 1000 sq ft snowmelt + 325 sq ft outdoor pool + 2500 watts heat tape = 198,584,009 annual BTU use Ex 2: 2000 sq ft snowmelt + 60 sq ft spa +1500 watts heat tape = 199,461,654 annual BTU use Ex 3: 600 sq ft outdoor pool = 198,870,600 annual BTU use Incentivize All-Electric New Construction Stakeholder feedback was clear that the most valuable incentive the City of Aspen can offer is time in the form of expedited permit reviews. Community Development has an existing expedited permit review policy for projects prioritized by City Council such as Aspen Modern projects and affordable housing. Under this Ordinance, that policy would now extend to projects that choose to go all-electric. The policy practice requires projects to work across City Departments ahead of permit submission to ensure the application is complete and compliant at the time of submission - so they can be reviewed and issued as efficiently as possible. These voluntary all-electric projects would not only reduce the operating emissions of their buildings but also provide valuable data and information to inform future electrification policy. Climate Action and Future Code Adoptions Page 8 of 8 Ordinance No. 1, Series of 2023, Second Reading 2021 Building Code Adoption One lesson learned by staff during the code development process is that, in light of the climate emergency and innovation in building sciences, the technology and best practices for communities seeking to address emissions through the built environment are evolving rapidly. To meet the community’s aggressive and necessary emissions reduction targets, more frequent and targeted code amendments and adoptions are needed. Rather than one big adoption every six years, staff recommends Council provide direction to return every 12 to 24 months with amendments to ensure that the code keeps pace with advances in building science and best practices. Given the interrelationship between the building and land use codes and other City regulations for the built environment, these shorter-interval amendments may include elements of other codes and standards to ensure coordination and optimization for the achievement of adopted emissions reduction targets. This new approach will also support the work of the electrification task force staff recommends forming to develop a city-wide approach for electrification. CONCLUSION AND NEXT STEPS: Building and energy codes are an important tool for reducing carbon emissions and achieving the City’s science-based target. Building science technology and availability of new products is rapidly changing and staff will continue to stay informed and involved so we can further improve the energy codes. Next steps will include establishing an electrification task force and exploring the best ways of thoughtfully and collaboratively shifting to more electric power. This adoption of the 2021 International Codes and amendments in Ordinance 1, 2023 is the result of many months of research, work with consultants, energy modeling, and gathering input from technical stakeholders. It reflects our community culture of energy efficiency, environmental responsibility, and innovation in building and energy code development and administration. By adopting and enforcing these requirements we can ensure that the built environment continues to be safe, accessible, resilient, and energy efficient. RECOMMENDATIONS: Staff recommends that Council approve Ordinance #1, Series of 2023, on Second Reading. EXHIBITS: A. Title 8 Document: Amended sections with strike throughs and underlines showing changes from the current code B. Residential Energy Code Document with strike throughs and underlines showing Aspen’s amendments C. Commercial Energy Code Document with strike throughs and underlines showing Aspen’s amendments D. REMP Appendix E. REMP Worksheet Examples F. City of Aspen Energy Modeling Report by Resource Engineering Group G. Stakeholder Meeting Notes CHAPTER 1 [CE] SCOPE AND ADMINISTRATION User note: About this chapter: Chapter 1 establishes the limits of applicability of the code and describes how the code is to be applied and enforced. Chapter 1 is in two parts: Part 1—Scope and Application and Part 2—Administration and Enforcement. Section C101 identifies what buildings, systems, appliances and equipment fall under its purview and references other I-Codes as applicable. Standards and codes are scoped to the extent referenced. The code is intended to be adopted as a legally enforceable document and it cannot be effective without adequate provisions for its administration and enforcement. The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having jurisdiction and also establish the rights and privileges of the design professional, contractor and property owner. PART 1—SCOPE AND APPLICATION SECTION C101 SCOPE AND GENERAL REQUIREMENTS C101.1 Title. This code shall be known as the Energy Conservation Code of the City of Aspen, Colorado, and shall be cited as such. It is referred to herein as “this code.” C101.2 Scope. This code applies to commercial buildings and the buildings’ sites and associated systems and equipment. C101.3 Intent. This code shall regulate the design, construction, repair, alteration, change of occupancy, and additions of new and existing buildings for the reduction of greenhouse gas emissions and for the efficient production, use and storage of energy over the useful life of each building. This code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this objective. This code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances. C101.4 Applicability. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. C101.4.1 Mixed residential and commercial buildings. Where a building includes both residential building and commercial building portions, each portion shall be separately considered and meet the applicable provisions of IECC—Commercial Provisions or IECC—Residential Provisions. C101.5 Compliance. Residential buildings shall meet the provisions of IECC—Residential Provisions. Commercial buildings shall meet the provisions of IECC—Commercial Provisions. C101.5.1 Compliance materials. The code official shall be permitted to approve specific computer software, worksheets, compliance manuals and other similar materials that meet the intent of this code. SECTION C102 ALTERNATIVE MATERIALS, DESIGN AND METHODS OF CONSTRUCTION AND EQUIPMENT C102.1 General. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. The code official shall have the authority to approve an alternative material, design or method of construction upon the written application of the owner or the owner’s authorized agent. The code official shall first find that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, energy conservation and safety. The code official shall respond to the applicant, in writing, stating the reasons why the alternative was approved or was not approved. C102.1.1 Above code programs. The code official shall be permitted to deem a national, state or local energy efficiency program as exceeding the energy efficiency required by this code. Buildings approved in writing by such an energy efficiency program shall be considered to be in compliance with this code. The requirements identified in Table C407.2 shall be met. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION C103 CONSTRUCTION DOCUMENTS C103.1 General. Construction documents and other supporting data shall be submitted in one or more sets, or in a digital format where allowed by the building official, with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the code official is authorized to require necessary construction documents to be prepared by a registered design professional. Exception: The code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confirm compliance with this code. C103.2 Information on construction documents. Construction documents shall be drawn to scale on suitable material. Electronic media documents are permitted to be submitted where approved by the code official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in sufficient detail pertinent data and features of the building, systems and equipment as herein governed. Details shall include, but are not limited to, the following as applicable: 1. Energy compliance path. 2. Insulation materials and their R-values. 3. Fenestration U-factors and solar heat gain coefficients (SHGCs). 4. Area-weighted U-factor and solar heat gain coefficient (SHGC) calculations. 5. Mechanical system design criteria. 6. Mechanical and service water-heating systems and equipment types, sizes and efficiencies. 7. Economizer description. 8. Equipment and system controls. 9. Fan motor horsepower (hp) and controls. 10. Duct sealing, duct and pipe insulation and location. 11. Lighting fixture schedule with wattage and control narrative. 12. Location of daylight zones on floor plans. 13. Air barrier and air sealing details, including the location of the air barrier. 14. Location of pathways for routing of raceways, cable, or piping from the solar ready zone to the electrical distribution equipment or service hot water system. 15. Thermal bridges as identified in Section C402.6. 16. Location reserved for inverters, metering equipment, ESS, and a pathway reserved for routing of raceways or conduit from the renewable energy system to the point of interconnection with the electrical service and the ESS. 17. Location and layout of a designated area for ESS. 18. Rated energy capacity and rated power capacity of the installed or planned ESS. 19. Location of and electrical system sizing for designated EVSE spaces, EV Ready spaces, and EV Capable spaces in parking facilities. C103.2.1 Building thermal envelope depiction. The building thermal envelope shall be represented on the construction drawings. C103.2.2 Electrification system. The construction documents shall provide details for additional electric infrastructure, including branch circuits, conduit, pre-wiring, panel capacity, and electrical service capacity, as well as interior and exterior spaces designated for future electric equipment, in compliance with the provisions of this code. C103.3 Examination of documents. The code official shall examine or cause to be examined the accompanying construction documents and shall ascertain whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. The code official is authorized to utilize a registered design professional, or other approved entity not affiliated with the building design or construction, in conducting the review of the plans and specifications for compliance with the code. C103.3.1 Approval of construction documents. When the code official issues a permit where construction documents are required, the construction documents shall be endorsed in writing and stamped “Reviewed for Code Compliance.” Such approved construction documents shall not be changed, modified or altered without authorization from the code official. Work shall be done in accordance with the approved construction documents. One set of the reviewed and approved construction documents shall be retained by the code official. The other set shall be returned to the applicant, kept at the site of work and shall be open to inspection by the code official or a duly authorized representative. C103.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. C103.3.3 Phased approval. The code official shall have the authority to issue a permit for the construction of part of an energy conservation system before the construction documents for the entire system have been submitted or approved, provided that adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holders of such permit shall proceed at their own risk without assurance that the permit for the entire energy conservation system will be granted. C103.4 Amended construction documents. Changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. C103.5 Retention of construction documents. One set of approved construction documents shall be retained by the code official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. C103.6 Building documentation and closeout submittal requirements. The construction documents shall specify that the documents described in this section be provided to the building owner or owner’s authorized agent within 90 days of the date of receipt of the certificate of occupancy. C103.6.1 Record documents. Construction documents shall be updated to convey a record of the completed work. Such updates shall include mechanical, electrical and control drawings that indicate all changes to size, type and location of components, equipment and assemblies. C103.6.2 Compliance documentation. Energy code compliance documentation and supporting calculations shall be delivered in one document to the building owner as part of the project record documents or manuals, or as a standalone document. This document shall include the specific energy code edition utilized for compliance determination for each system, documentation demonstrating compliance with Section C303.1.3 for each fenestration product installed, and the interior lighting power compliance path, building area or space-by-space, used to calculate the lighting power allowance. For projects complying with Item 2 of Section C401.2, the documentation shall include: 1. The envelope insulation compliance path. 2. All compliance calculations including those required by Sections C402.1.5, C403.8.1, C405.3 and C405.5. For projects complying with Section C407, the documentation shall include that required by Sections C407.3.1 and C407.3.2. C103.6.3 Systems operation control. Training shall be provided to those responsible for maintaining and operating equipment included in the manuals required by Section C103.6.2. The training shall include: 1. Review of manuals and permanent certificate. 2. Hands-on demonstration of all normal maintenance procedures, normal operating modes, and all emergency shutdown and startup procedures. 3. Training completion report. SECTION C104 FEES C104.1 Fees. A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Aspen Municipal Code are paid in full. C104.2 Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to an additional fee established by the code official that shall be in addition to the required permit fees. C104.3 Related fees. The payment of the fee for the construction, alteration, removal or demolition of work done in connection to or concurrently with the work or activity authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. C104.4 Refunds. The code official is authorized to establish a refund policy. SECTION C105 INSPECTIONS C105.1 General. Construction or work for which a permit is required shall be subject to inspection by the code official, his or her designated agent or an approved agency, and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain visible and able to be accessed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material, product, system or building component required to allow inspection to validate compliance with this code. C105.2 Required inspections. The code official, his or her designated agent or an approved agency, upon notification, shall make the inspections set forth in Sections C105.2.1 through C105.2.6. C105.2.1 Footing and foundation insulation. Inspections shall verify the footing and foundation insulation R- value, location, thickness, depth of burial and protection of insulation as required by the code, approved plans and specifications. C105.2.2 Thermal envelope. Inspections shall verify the correct type of insulation, R-values, location of insulation, fenestration, U-factor, SHGC and VT, and that air leakage controls are properly installed, as required by the code, approved plans and specifications. C105.2.3 Plumbing system. Inspections shall verify the type of insulation, R-values, protection required, controls and heat traps as required by the code, approved plans and specifications. C105.2.4 Mechanical system. Inspections shall verify the installed HVAC equipment for the correct type and size, controls, insulation, R-values, system and damper air leakage, minimum fan efficiency, energy recovery and economizer as required by the code, approved plans and specifications. C105.2.5 Electrical system. Inspections shall verify lighting system controls, components, meters, and additional electric infrastructure as required by the code, approved plans and specifications. Inspections shall verify space availability and pathways to electrical service for future or installed energy storage systems. Inspections shall verify solar-ready zone and conduit or pre-wiring from the solar-ready zone to the electrical panel and proper panel space and capacity necessary for future installation of a solar photovoltaic system. C105.2.6 Final inspection. The final inspection shall include verification of the installation and proper operation of all required building controls, and documentation verifying activities associated with required building commissioning have been conducted in accordance with Section C408. C105.3 Reinspection. A building shall be reinspected where determined necessary by the code official. C105.4 Approved inspection agencies. The code official is authorized to accept reports of third-party inspection agencies not affiliated with the building design or construction, provided that such agencies are approved as to qualifications and reliability relevant to the building components and systems that they are inspecting. C105.5 Inspection requests. It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. C105.6 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for inspection and testing. SECTION C106 NOTICE OF APPROVAL C106.1 Approval. After the prescribed tests and inspections indicate that the work complies in all respects with this code, a notice of approval shall be issued by the code official. C106.2 Revocation. The code official is authorized to suspend or revoke, in writing, a notice of approval issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure, premise, or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION C107 VALIDITY C107.1 General. If a portion of this code is held to be illegal or void, such a decision shall not affect the validity of the remainder of this code. SECTION C108 REFERENCED STANDARDS C108.1 Referenced codes and standards. The codes and standards referenced in this code shall be those listed in Chapter 6, and such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections C108.1.1 and C108.1.2. C108.1.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. C108.1.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard. C108.2 Applications of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. C108.3 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. SECTION C109 STOP WORK ORDER C109.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. C109.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. C109.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. C109.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction. SECTION C110 BOARD OF APPEALS C110.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The code official shall be an ex officio member of said board but shall not have a vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official. C110.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code. C110.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training and are not employees of the jurisdiction. CHAPTER 2 [CE] DEFINITIONS User note: About this chapter: Codes, by their very nature, are technical documents. Every word, term and punctuation mark can add to or change the meaning of a technical requirement. It is necessary to maintain a consensus on the specific meaning of each term contained in the code. Chapter 2 performs this function by stating clearly what specific terms mean for the purposes of the code. SECTION C201 GENERAL C201.1 Scope. Unless stated otherwise, the following words and terms in this code shall have the meanings indicated in this chapter. C201.2 Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural includes the singular. C201.3 Terms defined in other codes. Terms that are not defined in this code but are defined in the International Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, or the International Plumbing Code shall have the meanings ascribed to them in those codes. C201.4 Terms not defined. Terms not defined by this chapter shall have ordinarily accepted meanings such as the context implies. SECTION C202 GENERAL DEFINITIONS ABOVE-GRADE WALL. See “Wall, above-grade.” ACCESS (TO). That which enables a device, appliance or equipment to be reached by ready access or by a means that first requires the removal or movement of a panel or similar obstruction. ADDITION. An extension or increase in the conditioned space floor area, number of stories or height of a building or structure. AIR BARRIER. One or more materials joined together in a continuous manner to restrict or prevent the passage of air through the building thermal envelope and its assemblies. AIR CURTAIN. A device, installed at the building entrance, that generates and discharges a laminar air stream intended to prevent the infiltration of external, unconditioned air into the conditioned spaces, or the loss of interior, conditioned air to the outside. ALL-ELECTRIC BUILDING. A building that contains no combustion equipment, or plumbing for combustion equipment, installed within the building or building site. ALTERATION. Any construction, retrofit or renovation to an existing structure other than repair or addition. Also, a change in a building, electrical, gas, mechanical or plumbing system that involves an extension, addition or change to the arrangement, type or purpose of the original installation. APPLIANCE. A device or apparatus that is manufactured and designed to utilize energy and for which this code provides specific requirements. APPROVED. Acceptable to the code official. APPROVED AGENCY. An established and recognized agency that is regularly engaged in conducting tests or furnishing inspection services, or furnishing product certification, where such agency has been approved by the code official. APPROVED SOURCE. An independent person, firm or corporation, approved by the code official, who is competent and experienced in the application of engineering principles to materials, methods or systems analyses. AUTOMATIC. Self-acting, operating by its own mechanism when actuated by some impersonal influence, as, for example, a change in current strength, pressure, temperature or mechanical configuration (see “Manual”). AUTOMOBILE PARKING SPACE. A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile. BELOW-GRADE WALL. See “Wall, below-grade.” BIOGAS. A mixture of hydrocarbons that is a gas at 60°F (15.5°C) and 1 atmosphere of pressure that is produced through the anaerobic digestion of organic matter. BIOMASS. Non-fossilized and biodegradable organic material originating from plants, animals and/or microorganisms, including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non- fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material. BOILER, MODULATING. A boiler that is capable of more than a single firing rate in response to a varying temperature or heating load. BOILER SYSTEM. One or more boilers, their piping and controls that work together to supply steam or hot water to heat output devices remote from the boiler. BUBBLE POINT. The refrigerant liquid saturation temperature at a specified pressure. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy, including any mechanical systems, service water-heating systems and electric power and lighting systems located on the building site and supporting the building. BUILDING COMMISSIONING. A process that verifies and documents that the selected building systems have been designed, installed and function according to the owner’s project requirements and construction documents, and to minimum code requirements. BUILDING ENTRANCE. Any door, set of doors, doorway or other form of portal that is used to gain access to the building from the outside by the public. BUILDING SITE. A contiguous area of land that is under the ownership or control of one entity. BUILDING THERMAL ENVELOPE. The basement walls, exterior walls, floors, ceilings, roofs and any other building element assemblies that enclose conditioned space or provide a boundary between conditioned space and exempt or unconditioned space. CAPTIVE KEY OVERRIDE. A lighting control that will not release the key that activates the override when the lighting is on. CAVITY INSULATION. Insulating material located between framing members. C-FACTOR (THERMAL CONDUCTANCE). The coefficient of heat transmission (surface to surface) through a building component or assembly, equal to the time rate of heat flow per unit area and the unit temperature difference between the warm side and cold side surfaces (Btu/h × ft2 × °F) [W/(m2 × K)]. CHANGE OF OCCUPANCY. A change in the use of a building or a portion of a building that results in any of the following: 1. A change of occupancy classification. 2. A change from one group to another group within an occupancy classification. 3. Any change in use within a group for which there is a change in the application of the requirements of this code. CIRCULATING HOT WATER SYSTEM. A specifically designed water distribution system where one or more pumps are operated in the service hot water piping to circulate heated water from the water-heating equipment to the fixture supply and back to the water-heating equipment. CLIMATE ZONE. A geographical region based on climatic criteria as specified in this code. CODE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. COEFFICIENT OF PERFORMANCE (COP) − COOLING. The ratio of the rate of heat removal to the rate of energy input, in consistent units, for a complete refrigerating system or some specific portion of that system under designated operating conditions. COEFFICIENT OF PERFORMANCE (COP) − HEATING. The ratio of the rate of heat delivered to the rate of energy input, in consistent units, for a complete heat pump system, including the compressor and, if applicable, auxiliary heat, under designated operating conditions. COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, service water heating, cooking, clothes drying and/or lighting that uses fuel gas or fuel oil. COMMERCIAL BUILDING. For this code, all buildings that are not included in the definition of “Residential building.” COMMERCIAL COOKING APPLIANCES. Appliances used in a commercial food service establishment for heating or cooking food and which produce grease vapors, steam, fumes, smoke or odors that are required to be removed through a local exhaust ventilation system. Such appliances include deep fat fryers, upright broilers, griddles, broilers, steam-jacketed kettles, hot-top ranges, under-fired broilers (charbroilers), ovens, barbecues, rotisseries, and similar appliances. For the purpose of this definition, a food service establishment shall include any building or a portion thereof used for the preparation and serving of food. COMPUTER ROOM. A room whose primary function is to house equipment for the processing and storage of electronic data which has a design total information technology equipment (ITE) equipment power density less than or equal to 20 watts per square foot (20 watts per 0.092 m2) of conditioned area or a design total ITE equipment load less than or equal to 10 kW. CONDENSING UNIT. A factory-made assembly of refrigeration components designed to compress and liquefy a specific refrigerant. The unit consists of one or more refrigerant compressors, refrigerant condensers (air-cooled, evaporatively cooled or water-cooled), condenser fans and motors (where used) and factory-supplied accessories. CONDITIONED FLOOR AREA. The horizontal projection of the floors associated with the conditioned space. CONDITIONED SPACE. An area, room or space that is enclosed within the building thermal envelope and is directly or indirectly heated or cooled. Spaces are indirectly heated or cooled where they communicate through openings with conditioned spaces, where they are separated from conditioned spaces by uninsulated walls, floors or ceilings, or where they contain uninsulated ducts, piping or other sources of heating or cooling. CONSTRUCTION DOCUMENTS. Written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of a project necessary for obtaining a building permit. CONTINUOUS INSULATION (ci). Insulating material that is continuous across all structural members without thermal bridges other than fasteners and service openings. It is installed on the interior or exterior or is integral to any opaque surface of the building envelope. CRAWL SPACE WALL. The opaque portion of a wall that encloses a crawl space and is partially or totally below grade. CURTAIN WALL. Fenestration products used to create an external non load-bearing wall that is designed to separate the exterior and interior environments. DATA CENTER. A room or series of rooms that share data center systems, whose primary function is to house equipment for the processing and storage of electronic data and that has a design total ITE equipment power density exceeding 20 watts per square foot (20 watts per 0.092 m2) of conditioned area and a total design ITE equipment load greater than 10 kW. DATA CENTER SYSTEMS. HVAC systems and equipment, or portions thereof, used to provide cooling or ventilation in a data center. DAYLIGHT RESPONSIVE CONTROL. A device or system that provides automatic control of electric light levels based on the amount of daylight in a space. DAYLIGHT ZONE. That portion of a building’s interior floor area that is illuminated by natural light. DIRECT CURRENT FAST CHARGING (DCFC) EVSE: (fast/rapid charging) Capable of fast charging on a 100A or higher 480VAC three-phase branch circuit. AC power is converted into a controlled DC voltage and current within the EVSE that will then directly charge the electric vehicle. DEDICATED OUTDOOR AIR SYSTEM (DOAS). A ventilation system that supplies 100 percent outdoor air primarily for the purpose of ventilation and that is a separate system from the zone space-conditioning system. DEMAND CONTROL KITCHEN VENTILATION (DCKV). A system that provides automatic, continuous control over exhaust hood and, where provided, makeup air flows speed in response to one or more sensors that monitor cooking activity or through direct communication with cooking appliances. DEMAND CONTROL VENTILATION (DCV). A ventilation system capability that provides for the automatic reduction of outdoor air intake below design rates when the actual occupancy of spaces served by the system is less than design occupancy. DEMAND RECIRCULATION WATER SYSTEM. A water distribution system where one or more pumps prime the service hot water piping with heated water upon a demand for hot water. DIRECT DIGITAL CONTROL (DDC). A type of control where controlled and monitored analog or binary data, such as temperature and contact closures, are converted to digital format for manipulation and calculations by a digital computer or microprocessor, then converted back to analog or binary form to control physical devices. DUCT. A tube or conduit utilized for conveying air. The air passages of self-contained systems are not to be construed as air ducts. DUCT SYSTEM. A continuous passageway for the transmission of air that, in addition to ducts, includes duct fittings, dampers, plenums, fans and accessory air-handling equipment and appliances. DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. DYNAMIC GLAZING. Any fenestration product that has the fully reversible ability to change its performance properties, including U-factor, solar heat gain coefficient (SHGC) or visible transmittance (VT). DX-DEDICATED OUTDOOR AIR SYSTEM UNITS (DX-DOAS UNITS). A type of air-cooled, water-cooled or water source factory assembled product that dehumidifies 100 percent outdoor air to a low dew point and includes reheat that is capable of controlling the supply dry-bulb temperature of the dehumidified air to the designated supply air temperature. This conditioned outdoor air is then delivered directly or indirectly to the conditioned spaces. It may precondition outdoor air by containing an enthalpy wheel, sensible wheel, desiccant wheel, plate heat exchanger, heat pipes, or other heat or mass transfer apparatus. with an energy recovery ventilation system. ECONOMIZER, AIR. A duct and damper arrangement and automatic control system that allows a cooling system to supply outside air to reduce or eliminate the need for mechanical cooling during mild or cold weather. ECONOMIZER, WATER. A system where the supply air of a cooling system is cooled indirectly with water that is itself cooled by heat or mass transfer to the environment without the use of mechanical cooling. 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 CAPABLE SPACE (EV CAPABLE SPACE). A designated automobile parking space that is provided with electrical infrastructure, such as, but not limited to, raceways, cables, electrical capacity, and panelboard or other electrical distribution equipment space, necessary for the future installation of an EVSE. ELECTRIC VEHICLE READY SPACE (EV READY SPACE). An automobile parking space that is provided with a branch circuit and a receptacle outlet that will support an installed EVSE. ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). Equipment for plug-in power transfer including the ungrounded, grounded and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, personal protection system 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. ELECTRIC VEHICLE SUPPLY EQUIPMENT INSTALLED SPACE (EVSE SPACE). An automobile parking space that is provided with a dedicated EVSE connection. ENCLOSED SPACE. A volume surrounded by solid surfaces such as walls, floors, roofs and openable devices, such as doors and operable windows. ENERGY ANALYSIS. A method for estimating the annual energy use of the proposed design and standard reference design based on estimates of energy use. ENERGY COST. The total estimated annual cost for purchased energy for the building functions regulated by this code, including applicable demand charges. ENERGY RECOVERY VENTILATION SYSTEM. Systems that employ air-to-air heat exchangers to recover energy from exhaust air for the purpose of preheating, precooling, humidifying or dehumidifying outdoor ventilation air prior to supplying the air to a space, either directly or as part of an HVAC system. ENERGY SIMULATION TOOL. An approved software program or calculation-based methodology that projects the annual energy use of a building. ENERGY STORAGE SYSTEM (ESS). One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time. ENTHALPY RECOVERY RATIO. Change in the enthalpy of the outdoor air supply divided by the difference between the outdoor air and entering exhaust air enthalpy, expressed as a percentage. ENTRANCE DOOR. A vertical fenestration product used for occupant ingress, egress and access in nonresidential buildings, including, but not limited to, exterior entrances utilizing latching hardware and automatic closers and containing over 50 percent glazing specifically designed to withstand heavy-duty usage. EQUIPMENT ROOM. A space that contains either electrical equipment, mechanical equipment, machinery, water pumps or hydraulic pumps that are a function of the building’s services. EXTERIOR WALL. Walls including both above-grade walls and basement walls. FAN, EMBEDDED. A fan that is part of a manufactured assembly where the assembly includes functions other than air movement. FAN ARRAY. Multiple fans in parallel between two plenum sections in an air distribution system. FAN BRAKE HORSEPOWER (BHP). The horsepower delivered to the fan’s shaft. Brake horsepower does not include the mechanical drive losses, such as that from belts and gears. FAN ENERGY INDEX (FEI). The ratio of the electric input power of a reference fan to the electric input power of the actual fan as calculated in accordance with AMCA 208. FAN NAMEPLATE ELECTRICAL INPUT POWER. The nominal electrical input power rating stamped on a fan assembly nameplate. FAN SYSTEM BHP. The sum of the fan brake horsepower of all fans that are required to operate at fan system design conditions to supply air from the heating or cooling source to the conditioned spaces and return it to the source or exhaust it to the outdoors. FAN SYSTEM DESIGN CONDITIONS. Operating conditions that can be expected to occur during normal system operation that result in the highest supply fan airflow rate to conditioned spaces served by the system, other than during air economizer operation. FAN SYSTEM ELECTRICAL INPUT POWER. The sum of the fan electrical power of all fans that are required to operate at fan system design conditions to supply air from the heating or cooling source to the conditioned spaces and/or return it to the source or exhaust it to the outdoors. FAN SYSTEM MOTOR NAMEPLATE HP. The sum of the motor nameplate horsepower of all fans that are required to operate at design conditions to supply air from the heating or cooling source to the conditioned spaces and return it to the source or exhaust it to the outdoors. FAULT DETECTION AND DIAGNOSTICS (FDD) SYSTEM. A software platform that utilizes building analytic algorithms to convert data provided by sensors and devices to automatically identify faults in building systems and provide a prioritized list of actionable resolutions to those faults based on cost or energy avoidance, comfort and maintenance impact. FENESTRATION. Products classified as either skylights or vertical fenestration. Skylights. Glass or other transparent or translucent glazing material installed at a slope of less than 60 degrees (1.05 rad) from horizontal, including unit skylights, tubular daylighting devices and glazing materials in solariums, sunrooms, roofs, greenhouses and sloped walls. Vertical fenestration. Windows that are fixed or operable, opaque doors, glazed doors, glazed block and combination opaque and glazed doors composed of glass or other transparent or translucent glazing materials and installed at a slope of not less than 60 degrees (1.05 rad) from horizontal. FENESTRATION PRODUCT, FIELD-FABRICATED. A fenestration product whose frame is made at the construction site of standard dimensional lumber or other materials that were not previously cut or otherwise formed with the specific intention of being used to fabricate a fenestration product or exterior door. Field-fabricated does not include site-built fenestration. FENESTRATION PRODUCT, SITE-BUILT. A fenestration designed to be made up of field-glazed or field-assembled units using specific factory cut or otherwise factory-formed framing and glazing units. Examples of site-built fenestration include storefront systems, curtain walls and atrium roof systems. F-FACTOR. The perimeter heat loss factor for slab-on-grade floors (Btu/h × ft × °F) [W/(m × K)]. FLOOR AREA, NET. The actual occupied area not including unoccupied accessory areas such as corridors, stairways, toilet rooms, mechanical rooms and closets. FUEL GAS. A natural gas, manufactured gas, liquified petroleum gas or a mixture of these. FUEL OIL. Kerosene or any hydrocarbon oil having a flash point not less than 100°F (38°C). GENERAL LIGHTING. Interior lighting that provides a substantially uniform level of illumination throughout a space. GREENHOUSE. A structure or a thermally isolated area of a building that maintains a specialized sunlit environment exclusively used for, and essential to, the cultivation, protection or maintenance of plants. Greenhouses are those that are erected for a period of 180 days or more. GROUP R. Buildings or portions of buildings that contain any of the following occupancies as established in the International Building Code: 1. Group R-1. 2. Group R-2 where located more than three stories in height above grade plane. 3. Group R-4 where located more than three stories in height above grade plane. HEAT TRAP. An arrangement of piping and fittings, such as elbows, or a commercially available heat trap that prevents thermos-syphoning of hot water during standby periods. HEATED SLAB. Slab-on-grade construction in which the heating elements, hydronic tubing or hot air distribution system is in contact with, or placed within or under, the slab. HIGH SPEED DOOR. A non-swinging door used primarily to facilitate vehicular access or material transportation, with a minimum opening rate of 32 inches (813 mm) per second, a minimum closing rate of 24 inches (610 mm) per second and that includes an automatic-closing device. HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed, or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places. 2. Designated as historic under an applicable state or local law. 3. Certified as a contributing resource within a National Register-listed, state-designated or locally designated historic district. IEC DESIGN H MOTOR. An electric motor that meets all of the following: 1. It is an induction motor designed for use with three-phase power. 2. It contains a cage rotor. 3. It is capable of direct-on-line starting. 4. It has four, six or eight poles. 5. It is rated from 0.4 kW to 1600 kW at a frequency of 60 hertz. IEC DESIGN N MOTOR. An electric motor that meets all of the following: 1. It is an induction motor designed for use with three-phase power. 2. It contains a cage rotor. 3. It is capable of direct-on-line starting. 4. It has two, four, six or eight poles. 5. It is rated from 0.4 kW to 1600 kW at a frequency of 60 hertz. INFILTRATION. The uncontrolled inward air leakage into a building caused by the pressure effects of wind or the effect of differences in the indoor and outdoor air density or both. INFORMATION TECHNOLOGY EQUIPMENT (ITE). Items including computers, data storage devices, servers and network and communication equipment. INTEGRATED PART LOAD VALUE (IPLV). A single-number figure of merit based on part-load EER, COP or kW/ton expressing part-load efficiency for air-conditioning and heat pump equipment on the basis of weighted operation at various load capacities for equipment. INTERNAL CURTAIN SYSTEM. A system consisting of movable panels of fabric or plastic film used to cover and uncover the space enclosed in a greenhouse on a daily basis. ISOLATION DEVICES. Devices that isolate HVAC zones so that they can be operated independently of one another. Isolation devices include separate systems, isolation dampers and controls providing shutoff at terminal boxes. LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose. LARGE-DIAMETER CEILING FAN. A ceiling fan that is greater than 7 feet (2134 mm) in diameter. These fans are sometimes referred to as High-Volume, Low-Speed (HVLS) fans. LINER SYSTEM (Ls). A system that includes the following: 1. A continuous vapor barrier liner membrane that is installed below the purlins and that is uninterrupted by framing members. 2. An uncompressed, unfaced insulation resting on top of the liner membrane and located between the purlins. For multilayer installations, the last rated R-value of insulation is for unfaced insulation draped over purlins and then compressed when the metal roof panels are attached. LISTED. Equipment, materials, products or services included in a list published by an organization acceptable to the code official and concerned with evaluation of products or services that maintains periodic inspection of production of listed equipment or materials or periodic evaluation of services and whose listing states either that the equipment, material, product or service meets identified standards or has been tested and found suitable for a specified purpose. LOW-SLOPED ROOF. A roof having a slope less than 2 units vertical in 12 units horizontal. LOW-VOLTAGE DRY-TYPE DISTRIBUTION TRANSFORMER. A transformer that is air-cooled, does not use oil as a coolant, has an input voltage less than or equal to 600 volts and is rated for operation at a frequency of 60 hertz. LUMINAIRE-LEVEL LIGHTING CONTROLS. A lighting system consisting of one or more luminaires with embedded lighting control logic, occupancy and ambient light sensors, wireless networking capabilities and local override switching capability, where required. MANUAL. Capable of being operated by personal intervention (see “Automatic”). NAMEPLATE HORSEPOWER. The nominal motor output power rating stamped on the motor nameplate. NEMA DESIGN A MOTOR. A squirrel-cage motor that meets all of the following: 1. It is designed to withstand full-voltage starting and develop locked-rotor torque as shown in paragraph 12.38.1 of NEMA MG 1. 2. It has pull-up torque not less than the values shown in paragraph 12.40.1 of NEMA MG 1. 3. It has breakdown torque not less than the values shown in paragraph 12.39.1 of NEMA MG 1. 4. It has a locked-rotor current higher than the values shown in paragraph 12.35.1 of NEMA MG 1 for 60 hertz and paragraph 12.35.2 of NEMA MG 1 for 50 hertz. 5. It has a slip at rated load of less than 5 percent for motors with fewer than 10 poles. NEMA DESIGN B MOTOR. A squirrel-cage motor that meets all of the following: 1. It is designed to withstand full-voltage starting. 2. It develops locked-rotor, breakdown and pull-up torques adequate for general application as specified in Sections 12.38, 12.39 and 12.40 of NEMA MG1. 3. It draws locked-rotor current not to exceed the values shown in Section 12.35.1 for 60 hertz and Section 12.35.2 for 50 hertz of NEMA MG1. 4. It has a slip at rated load of less than 5 percent for motors with fewer than 10 poles. NEMA DESIGN C MOTOR. A squirrel-cage motor that meets all of the following: 1. Designed to withstand full-voltage starting and develop locked-rotor torque for high-torque applications up to the values shown in paragraph 12.38.2 of NEMA MG1 (incorporated by reference, see A§431.15). 2. It has pull-up torque not less than the values shown in paragraph 12.40.2 of NEMA MG1. 3. It has breakdown torque not less than the values shown in paragraph 12.39.2 of NEMA MG1. 4. It has a locked-rotor current not to exceed the values shown in paragraph 12.35.1 of NEMA MG1 for 60 hertz and paragraph 12.35.2 for 50 hertz. 5. It has a slip at rated load of less than 5 percent. NETWORKED GUESTROOM CONTROL SYSTEM. A control system, with access from the front desk or other central location associated with a Group R-1 building, that is capable of identifying the rented and unrented status of each guestroom according to a timed schedule, and is capable of controlling HVAC in each hotel and motel guestroom separately. NONSTANDARD PART LOAD VALUE (NPLV). A single-number part-load efficiency figure of merit calculated and referenced to conditions other than IPLV conditions, for units that are not designed to operate at AHRI standard rating conditions. OCCUPANT SENSOR CONTROL. An automatic control device or system that detects the presence or absence of people within an area and causes lighting, equipment or appliances to be regulated accordingly. ON-SITE RENEWABLE ENERGY. Energy from renewable energy resources harvested at the building project site. OPAQUE DOOR. A door that is not less than 50-percent opaque in surface area. POWERED ROOF/WALL VENTILATORS. A fan consisting of a centrifugal or axial impeller with an integral driver in a weather-resistant housing and with a base designed to fit, usually by means of a curb, over a wall or roof opening. PROPOSED DESIGN. A description of the proposed building used to estimate annual energy use for determining compliance based on total building performance. RADIANT HEATING SYSTEM. A heating system that transfers heat to objects and surfaces within a conditioned space, primarily by infrared radiation. READY ACCESS (TO). That which enables a device, appliance or equipment to be directly reached without requiring the removal or movement of any panel or similar obstruction. REFRIGERANT DEW POINT. The refrigerant vapor saturation temperature at a specified pressure. REFRIGERATED WAREHOUSE COOLER. An enclosed storage space capable of being refrigerated to temperatures above 32°F (0°C) that can be walked into and has a total chilled storage area of not less than 3,000 square feet (279 m2). REFRIGERATED WAREHOUSE FREEZER. An enclosed storage space capable of being refrigerated to temperatures at or below 32°F (0°C) that can be walked into and has a total chilled storage area of not less than 3,000 square feet (279 m2). REFRIGERATION SYSTEM, LOW TEMPERATURE. Systems for maintaining food product in a frozen state in refrigeration applications. REFRIGERATION SYSTEM, MEDIUM TEMPERATURE. Systems for maintaining food product above freezing in refrigeration applications. REGISTERED DESIGN PROFESSIONAL. An individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state or jurisdiction in which the project is to be constructed. RENEWABLE ENERGY RESOURCES. Energy derived from solar radiation, wind, waves, tides, landfill gas, biogas, biomass or extracted from hot fluid or steam heated within the earth. REPAIR. The reconstruction or renewal of any part of an existing building for the purpose of its maintenance or to correct damage. REROOFING. The process of recovering or replacing an existing roof covering. See “Roof recover” and “Roof replacement.” RESIDENTIAL BUILDING. For this code, includes detached one- and two-family dwellings and multiple single- family dwellings (townhouses) and Group R-2, R-3 and R-4 buildings three stories or less in height above grade plane. ROOF ASSEMBLY. A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck. A roof assembly includes the roof covering, underlayment, roof deck, insulation, vapor retarder and interior finish. ROOF RECOVER. The process of installing an additional roof covering over an existing roof covering without removing the existing roof covering. ROOF REPAIR. Reconstruction or renewal of any part of an existing roof for the purpose of its maintenance. ROOF REPLACEMENT. An alteration that includes the removal of all existing layers of roof assembly materials down to the roof deck and installing replacement materials above the existing roof deck. ROOFTOP MONITOR. A raised section of a roof containing vertical fenestration along one or more sides. R-VALUE (THERMAL RESISTANCE). The inverse of the time rate of heat flow through a body from one of its bounding surfaces to the other surface for a unit temperature difference between the two surfaces, under steady state conditions, per unit area (h × ft2 × °F/Btu) [(m2 × K)/W]. SATURATED CONDENSING TEMPERATURE. The saturation temperature corresponding to the measured refrigerant pressure at the condenser inlet for single component and azeotropic refrigerants, and the arithmetic average of the dew point and bubble point temperatures corresponding to the refrigerant pressure at the condenser entrance for zeotropic refrigerants. SERVICE WATER HEATING. Supply of hot water for purposes other than comfort heating. SLEEPING UNIT. A room or space in which people sleep that can include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are part of a dwelling unit are not sleeping units. SMALL ELECTRIC MOTOR. A general purpose alternating-current single-speed induction motor. SOLAR HEAT GAIN COEFFICIENT (SHGC). The ratio of the solar heat gain entering the space through the fenestration assembly to the incident solar radiation. Solar heat gain includes directly transmitted solar heat and absorbed solar radiation that is then reradiated, conducted or convected into the space. 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. STANDARD REFERENCE DESIGN. A version of the proposed design that meets the minimum requirements of this code and is used to determine the maximum annual energy use requirement for compliance based on total building performance. STOREFRONT. A system of doors and windows mulled as a composite fenestration structure that has been designed to resist heavy use. Storefront systems include, but are not limited to, exterior fenestration systems that span from the floor level or above to the ceiling of the same story on commercial buildings, with or without mulled windows and doors. TESTING UNIT ENCLOSURE AREA. The area sum of all the boundary surfaces that define the dwelling unit, sleeping unit or occupiable conditioned space including top/ceiling, bottom/floor and all side walls. This does not include interior partition walls within the dwelling unit, sleeping unit, or occupiable conditioned space. Wall height shall be measured from the finished floor of the conditioned space to the finished floor or roof/ceiling air barrier above. THERMAL BRIDGE. An element or interface of elements that has a higher thermal conductivity than the surrounding building thermal envelope, which creates a path of least resistance for heat transfer. THERMAL DISTRIBUTION EFFICIENCY (TDE). The resistance to changes in air heat as air is conveyed through a distance of air duct. TDE is a heat loss calculation evaluating the difference in the heat of the air between the air duct inlet and outlet caused by differences in temperatures between the air in the duct and the duct material. TDE is expressed as a percent difference between the inlet and outlet heat in the duct. THERMOSTAT. An automatic control device used to maintain temperature at a fixed or adjustable setpoint. TIME SWITCH CONTROL. An automatic control device or system that controls lighting or other loads, including switching off, based on time schedules. U-FACTOR (THERMAL TRANSMITTANCE). The coefficient of heat transmission (air to air) through a building component or assembly, equal to the time rate of heat flow per unit area and unit temperature difference between the warm side and cold side air films (Btu/h × ft2 × °F) [W/(m2 × K)]. VARIABLE REFRIGERANT FLOW SYSTEM. An engineered direct-expansion (DX) refrigerant system that incorporates a common condensing unit, at least one variable-capacity compressor, a distributed refrigerant piping network to multiple indoor fan heating and cooling units each capable of individual zone temperature control, through integral zone temperature control devices and a common communications network. Variable refrigerant flow utilizes three or more steps of control on common interconnecting piping. VEGETATIVE ROOF. An assembly of interacting components designed to waterproof a building’s top surface that includes, by design, vegetation and related landscape elements. VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. VENTILATION AIR. That portion of supply air that comes from outside (outdoors) plus any recirculated air that has been treated to maintain the desired quality of air within a designated space. VISIBLE TRANSMITTANCE (VT). The ratio of visible light entering the space through the fenestration product assembly to the incident visible light. Visible transmittance includes the effects of glazing material and frame and is expressed as a number between 0 and 1. VISIBLE TRANSMITTANCE, ANNUAL (VTannual). The ratio of visible light entering the space through the fenestration product assembly to the incident visible light during the course of a year, which includes the effects of glazing material, frame, and light well or tubular conduit, and is expressed as a number between 0 and 1. VOLTAGE DROP. A decrease in voltage caused by losses in the wiring systems that connect the power source to the load. WALK-IN COOLER. An enclosed storage space capable of being refrigerated to temperatures above 32°F (0°C) and less than 55°F (12.8°C) that can be walked into, has a ceiling height of not less than 7 feet (2134 mm) and has a total chilled storage area of less than 3,000 square feet (279 m2). WALK-IN FREEZER. An enclosed storage space capable of being refrigerated to temperatures at or below 32°F (0°C) that can be walked into, has a ceiling height of not less than 7 feet (2134 mm) and has a total chilled storage area of less than 3,000 square feet (279 m2). WALL, ABOVE-GRADE. A wall associated with the building thermal envelope that is more than 15 percent above grade and is on the exterior of the building or any wall that is associated with the building thermal envelope that is not on the exterior of the building. This includes, but is not limited to, between-floor spandrels, peripheral edges of floors, roof knee walls, dormer walls, gable end walls, walls enclosing a mansard roof and skylight shafts. WALL, BELOW-GRADE. A wall associated with the basement or first story of the building that is part of the building thermal envelope, is not less than 85 percent below grade and is on the exterior of the building. WATER HEATER. Any heating appliance or equipment that heats potable water and supplies such water to the potable hot water distribution system. WORK AREA. That portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed and portions of the building where work not initially intended by the owner is specifically required by this code. ZONE. A space or group of spaces within a building with heating or cooling requirements that are sufficiently similar so that desired conditions can be maintained throughout using a single controlling device. CHAPTER 3 [CE] GENERAL REQUIREMENTS User note: About this chapter: Chapter 3 addresses broadly applicable requirements that would not be at home in other chapters having more specific coverage of subject matter. This chapter establishes climate zone by US counties and territories and includes methodology for determining climate zones elsewhere. It also contains product rating, marking and installation requirements for materials such as insulation, windows, doors and siding. SECTION C301 CLIMATE ZONES Section C301 Climate zones is deleted in its entirety and shall read as follows: The City of Aspen, Colorado, shall use Climate Zone 7. SECTION C302 DESIGN CONDITIONS C302.1 Interior design conditions. The interior design temperatures used for heating and cooling load calculations shall be a maximum of 72°F (22°C) for heating and minimum of 75°F (24°C) for cooling. SECTION C303 MATERIALS, SYSTEMS AND EQUIPMENT C303.1 Identification. Materials, systems and equipment shall be identified in a manner that will allow a determination of compliance with the applicable provisions of this code. C303.1.1 Building thermal envelope insulation. An R-value identification mark shall be applied by the manufacturer to each piece of building thermal envelope insulation 12 inches (305 mm) or greater in width. Alternatively, the insulation installers shall provide a certification listing the type, manufacturer and R-value of insulation installed in each element of the building thermal envelope. For blown-in or sprayed fiberglass and cellulose insulation, the initial installed thickness, settled thickness, settled R-value, installed density, coverage area and number of bags installed shall be indicated on the certification. For sprayed polyurethane foam (SPF) insulation, the installed thickness of the areas covered and R-value of installed thickness shall be indicated on the certification. For insulated siding, the R-value shall be labeled on the product’s package and shall be indicated on the certification. The insulation installer shall sign, date and post the certification in a conspicuous location on the job site. Exception: For roof insulation installed above the deck, the R-value shall be labeled as required by the material standards specified in Table 1508.2 of the International Building Code. C303.1.1.1 Blown-in or sprayed roof/ceiling insulation. The thickness of blown-in or sprayed fiberglass and cellulose roof/ceiling insulation shall be written in inches (mm) on markers and one or more of such markers shall be installed for every 300 square feet (28 m2) of attic area throughout the attic space. The markers shall be affixed to the trusses or joists and marked with the minimum initial installed thickness with numbers not less than 1 inch (25 mm) in height. Each marker shall face the attic access opening. Spray polyurethane foam thickness and installed R-value shall be indicated on certification provided by the insulation installer. C303.1.2 Insulation mark installation. Insulating materials shall be installed such that the manufacturer’s R-value mark is readily observable upon inspection. For insulation materials that are installed without an observable manufacturer’s R-value mark, such as blown or draped products, an insulation certificate complying with Section C303.1.1 shall be left immediately after installation by the installer, in a conspicuous location within the building, to certify the installed R-value of the insulation material. C303.1.3 Fenestration product rating. U-factors of fenestration products shall be determined as follows: 1. For windows, doors and skylights, U-factor ratings shall be determined in accordance with NFRC 100. 2. Where required for garage doors and rolling doors, U-factor ratings shall be determined in accordance with either NFRC 100 or ANSI/DASMA 105. U-factors shall be determined by an accredited, independent laboratory, and labeled and certified by the manufacturer. Products lacking such a labeled U-factor shall be assigned a default U-factor from Table C303.1.3(1) or Table C303.1.3(2). The solar heat gain coefficient (SHGC) and visible transmittance (VT) of glazed fenestration products (windows, glazed doors and skylights) shall be determined in accordance with NFRC 200 by an accredited, independent laboratory, and labeled and certified by the manufacturer. Products lacking such a labeled SHGC or VT shall be assigned a default SHGC or VT from Table C303.1.3(3). For Tubular Daylighting Devices, VTannual shall be measured and rated in accordance with NFRC 203. TABLE C303.1.3(1) DEFAULT GLAZED WINDOW, GLASS DOOR AND SKYLIGHT U-FACTORS FRAME TYPE W AND GLASS DOOR SKYLIGHT Single Double Single Double Metal 1.20 0.80 2.00 1.30 Metal with Thermal Break 1.10 0.65 1.90 1.10 Nonmetal or Metal Clad 0.95 0.55 1.75 1.05 Glazed Block 0.60 TABLE C303.1.3(2) DEFAULT OPAQUE DOOR U-FACTORS DOOR TYPE OPAQUE U-FACTOR Uninsulated Metal 1.20 Insulated Metal (Rolling) 0.90 Insulated Metal (Other) 0.60 Wood 0.50 Insulated, nonmetal edge, max 45% glazing, any glazing double pane 0.35 TABLE C303.1.3(3) DEFAULT GLAZED FENESTRATION SHGC AND VT SINGLE GLAZED DOUBLE GLAZED GLAZED BLOCK Clear Tinted Clear Tinted SHGC 0.8 0.7 0.7 0.6 0.6 VT 0.6 0.3 0.6 0.3 0.6 C303.1.4 Insulation product rating. The thermal resistance (R-value) of insulation shall be determined in accordance with the US Federal Trade Commission R-value rule (CFR Title 16, Part 460) in units of h × ft2 × °F/Btu at a mean temperature of 75°F (24°C). C303.1.4.1 Insulated siding. The thermal resistance (R-value) of insulated siding shall be determined in accordance with ASTM C1363. Installation for testing shall be in accordance with the manufacturer’s instructions. C303.2 Installation. Materials, systems and equipment shall be installed in accordance with the manufacturer’s instructions and the International Building Code. C303.2.1 Protection of exposed foundation insulation. Insulation applied to the exterior of basement walls, crawl space walls and the perimeter of slab-on-grade floors shall have a rigid, opaque and weather-resistant protective covering to prevent the degradation of the insulation’s thermal performance. The protective covering shall cover the exposed exterior insulation and extend not less than 6 inches (153 mm) below grade. C303.2.2 Multiple layers of continuous insulation board. Where two or more layers of continuous insulation board are used in a construction assembly, the continuous insulation boards shall be installed in accordance with Section C303.2. Where the continuous insulation board manufacturer’s instructions do not address installation of two or more layers, the edge joints between each layer of continuous insulation boards shall be staggered. CHAPTER 4 [CE] COMMERCIAL ENERGY EFFICIENCY User note: About this chapter: Chapter 4 presents the paths and options for compliance with the energy efficiency provisions. Chapter 4 contains energy efficiency provisions for the building envelope, mechanical and water heating systems, lighting and additional efficiency requirements. A performance alternative is also provided to allow for energy code compliance other than by the prescriptive method. SECTION C401 GENERAL C401.1 Scope. The provisions in this chapter are applicable to commercial buildings and their building sites. C401.2 Application. Commercial buildings shall comply with Section C401.2.1 or C401.2.2. Commercial buildings shall also comply with C401.3 and C401.4. 1. C401.2.1 International Energy Conservation Code Prescriptive Path of Compliance. Commercial buildings shall comply with Sections C402 through C406 and Section C408. Dwelling units and sleeping units in Group R-2 buildings shall be deemed to be in compliance with this chapter, provided that they comply with IECC – Residential Provisions, Section R406. Exception: Additions, alterations, repairs and changes of occupancy to existing buildings complying with Chapter 5. C401.2.2 ASHRAE 90.1 Performance Path of Compliance. Commercial buildings shall comply with the requirements of ANSI/ASHRAE/IESNA 90.1 Appendix G. C402.2.2.1 Mandatory Requirements. Compliance based on Appendix G requires a proposed design that meets all of the following: 1. Annual energy cost that is less than or equal to 70 percent of the annual energy cost of the standard reference design. Energy prices shall be taken from a source approved by the code official, such as the Department of Energy, Energy Information Administration’s State Energy Data System Prices and Expenditures reports. The reduction in energy cost of the proposed design associated with on-site renewable energy shall not be more than 5 percent of the total energy cost. The amount of renewable energy purchased from off-site sources shall be the same in the standard reference design and the proposed design. Site energy (1 kWh = 3413 Btu) rather than energy cost may be used as the metric of comparison. 2. The requirements of Sections C402.6, C403.13 and Sections C405.12 through C405.17 of this code. C401.3 Thermal envelope certificate. A permanent thermal envelope certificate shall be completed by an approved party. Such certificate shall be posted on a wall in the space where the space conditioning equipment is located, a utility room or other approved location. If located on an electrical panel, the certificate shall not cover or obstruct the visibility of the circuit directory label, service disconnect label or other required labels. A copy of the certificate shall also be included in the construction files for the project. The certificate shall include the following: 1. R-values of insulation installed in or on ceilings, roofs, walls, foundations and slabs, basement walls, crawl space walls and floors and ducts outside conditioned spaces. 2. U-factors and solar heat gain coefficients (SHGC) of fenestrations. 3. Results from any building envelope air leakage testing performed on the building. Where there is more than one value for any component of the building envelope, the certificate shall indicate the area-weighted average value where available. If the area- weighted average is not available, the certificate shall list each value that applies to 10 percent or more of the total component area. C401.4 Metering. Each dwelling unit shall have separate electric and water meters. Where gas is installed to the building, each dwelling unit shall have a separate gas meter. SECTION C402 BUILDING ENVELOPE REQUIREMENTS C402.1 General. Building thermal envelope assemblies for buildings that are intended to comply with the code on a prescriptive basis in accordance with the compliance path described in Item 1 of Section C401.2.1 shall comply with the following: 1. The opaque portions of the building thermal envelope shall comply with the specific insulation requirements of Section C402.2 and the thermal requirements of either the R-value-based method of Section C402.1.3; the U-, C- and F-factor-based method of Section C402.1.4; or the component performance alternative of Section C402.1.5. 2. Roof solar reflectance and thermal emittance shall comply with Section C402.3. 3. Fenestration in building envelope assemblies shall comply with Section C402.4. 4. Air leakage of building envelope assemblies shall comply with Section C402.5. 5. Thermal bridges in above-grade walls shall comply with Section C402.6. Alternatively, where buildings have a vertical fenestration area or skylight area exceeding that allowed in Section C402.4, the building and building thermal envelope shall comply with Item 2 of Section C401.2.1 or Section C401.2.2. Walk-in coolers, walk-in freezers, refrigerated warehouse coolers and refrigerated warehouse freezers shall comply with Section C403.11. C402.1.1 Low-energy buildings and greenhouses. The following low-energy buildings, or portions thereof separated from the remainder of the building by building thermal envelope assemblies complying with this section, shall be exempt from the building thermal envelope provisions of Section C402. 1. Those with a peak design rate of energy usage less than 3.4 Btu/h × ft2 (10.7 W/m2) or 1.0 watt per square foot (10.7 W/m2) of floor area for space conditioning purposes. 2. Those that do not contain conditioned space. C402.1.1.1 Greenhouses. Greenhouse structures or areas that are mechanically heated or cooled and that comply with all of the following shall be exempt from the building envelope requirements of this code: 1. Exterior opaque envelope assemblies comply with Sections C402.2 and C402.4.5. Exception: Low energy greenhouses that comply with Section C402.1.1. 2. Interior partition building thermal envelope assemblies that separate the greenhouse from conditioned space comply with Sections C402.2, C402.4.3 and C402.4.5. 3. Fenestration assemblies that comply with the thermal envelope requirements in Table C402.1.1.1. The U-factor for a roof shall be for the roof assembly or a roof that includes the assembly and an internal curtain system. Exception: Unconditioned greenhouses. TABLE C402.1.1.1 FENESTRATION THERMAL ENVELOPE MAXIMUM REQUIREMENTS COMPONENT U-FACTOR (BTU/h × ft2 × °F) Skylight 0.5 Vertical fenestration 0.7 C402.1.2 Equipment buildings. Buildings that comply with the following shall be exempt from the building thermal envelope provisions of this code: 1. Are separate buildings with floor area not more than 1,200 square feet (110 m2). 2. Are intended to house electric equipment with installed equipment power totaling not less than 7 watts per square foot (75 W/m2) and not intended for human occupancy. 3. Have a heating system capacity not greater than (17,000 Btu/hr) (5 kW) and a heating thermostat setpoint that is restricted to not more than 50°F (10°C). Have an average wall and roof U-factor less than 0.120 C402.1.3 Insulation component R-value-based method. Building thermal envelope opaque assemblies shall comply with the requirements of Sections C402.2 and C402.4 based on the climate zone specified in Chapter 3. For opaque portions of the building thermal envelope intended to comply on an insulation component R-value basis, the R-values for cavity insulation and continuous insulation shall be not less than that specified in Table C402.1.3. Where cavity insulation is installed in multiple layers, the cavity insulation R-values shall be summed to determine compliance with the cavity insulation R-value requirements. Where continuous insulation is installed in multiple layers, the continuous insulation R-values shall be summed to determine compliance with the continuous insulation R-value requirements. Cavity insulation R-values shall not be used to determine compliance with the continuous insulation R-value requirements in Table C402.1.3. Commercial buildings or portions of commercial buildings enclosing Group R occupancies shall use the R-values from the “Group R” column of Table C402.1.3. Commercial buildings or portions of commercial buildings enclosing occupancies other than Group R shall use the R-values from the “All other” column of Table C402.1.3. C402.1.4 Assembly U-factor, C-factor or F-factor- based method. Building thermal envelope opaque assemblies shall meet the requirements of Sections C402.2 and C402.4 based on the climate zone specified in Chapter 3. Building thermal envelope opaque assemblies intended to comply on an assembly U-, C- or F-factor basis shall have a U-, C- or F-factor not greater than that specified in Table C402.1.4. Commercial buildings or portions of commercial buildings enclosing Group R occupancies shall use the U-, C- or F-factor from the “Group R” column of Table C402.1.4. Commercial buildings or portions of commercial buildings enclosing occupancies other than Group R shall use the U-, C- or F-factor from the “All other” column of Table C402.1.4 C402.1.4.1 Roof/ceiling assembly. The maximum roof/ceiling assembly U-factor shall not exceed that specified in Table C402.1.4 based on construction materials used in the roof/ceiling assembly. C402.1.4.1.1 Tapered, above-deck insulation based on thickness. Where used as a component of a maximum roof/ceiling assembly U-factor calculation, the sloped roof insulation R-value contribution to that calculation shall use the average thickness in inches (mm) along with the material R-value-per- inch (per-mm) solely for U-factor compliance as prescribed in Section C402.1.4. C402.1.4.1.2 Suspended ceilings. Insulation installed on suspended ceilings having removable ceiling tiles shall not be considered part of the assembly U-factor of the roof/ceiling construction. C402.1.4.1.3 Joints staggered. Continuous insulation board shall be installed in not less than two layers, and the edge joints between each layer of insulation shall be staggered, except where insulation tapers to the roof deck at a gutter edge, roof drain or scupper. TABLE C402.1.3 OPAQUE THERMAL ENVELOPE INSULATION COMPONENT MINIMUM REQUIREMENTS, R-VALUE METHODa CLIMATE ZONE 7 All other Group R Roofs Insulation entirely above roof deck R-40 R-40 Metal buildingsb R-30 + R-11 LS R-30 + R-11 LS Attic and other R-60 R-60 Walls, above grade Massf R-30ci R-30ci Metal building R 19 + R 25ci or R-35ci R 19 + R 25ci or R-35ci Metal framed R 19 + R 25ci or R-35ci R 19 + R 25ci or R 35ci Wood framed and other R-25+R-12ci or R-20 + R-15ci or R-13 + R-20ci R-32+R-12ci or R-20 + R-20ci or R-13 + R-25ci Walls, below grade Below-grade walld R-20ci R-20ci Floors Masse R-25ci R-25ci Joist/framing R-38 R-38 Slab-on-grade floors Unheated slabs R-20 for ″24” below R-20 for 48″ below Heated slabsg R-20 for 48″ below+ R-10 full slab R-20 for 48″ below+ R- 10 full slab For SI: 1 inch = 25.4 mm, 1 pound per square foot = 4.88 kg/m2, 1 pound per cubic foot = 16 kg/m3. ci = Continuous Insulation, NR = No Requirement, LS = Liner System. a. Assembly descriptions can be found in ANSI/ASHRAE/IESNA 90.1 Appendix A. b. Where using R-value compliance method, a thermal spacer block shall be provided, otherwise use the U-factor compliance method in Table C402.1.4. c. R-5.7ci is allowed to be substituted with concrete block walls complying with ASTM C90, ungrouted or partially grouted at 32 inches or less on center vertically and 48 inches or less on center horizontally, with ungrouted cores filled with materials having a maximum thermal conductivity of 0.44 Btu-in/h-f2 °F. d. Where heated slabs are below grade, below-grade walls shall comply with the exterior insulation requirements for heated slabs. e. “Mass floors” shall be in accordance with Section C402.2.3. f. “Mass walls” shall be in accordance with Section C402.2.2. g. The first value is for perimeter insulation and the second value is for full, under-slab insulation. Perimeter insulation is not required to extend below the bottom of the slab. TABLE C402.1.4 OPAQUE THERMAL ENVELOPE ASSEMBLY MAXIMUM REQUIREMENTS, U-FACTOR METHODa, b CLIMATE ZONE 7 All other Group R Roofs Insulation entirely above roof deck U-0.025 U-0.025 Metal buildings U-0.026 U-0.026 Attic and other U-0.017 U-0.017 Walls, above grade Massg 0.031 0.031 Metal building U 0.031 U 0.031 Metal framed U 0.031 U 0.031 Wood framed and otherc U-0.051 U 0.031 U-0.051 U 0.028 Walls, below grade Below-grade wallc C-0.047 C-0.047 Floors Massd U-0.036 U-0.036 Joist/framing U-0.027 U-0.027 Slab-on-grade floors Unheated slabs F-0.51 F-0.434 Heated slabsf F-0.602 F-0.602 Opaque doors Nonswinging door U-0.31 U-0.31 Swinging doorh U-0.37 U-0.37 For SI: 1 pound per square foot = 4.88 kg/m2, 1 pound per cubic foot = 16 kg/m3. ci = Continuous Insulation, NR = No Requirement, LS = Liner System. a. Where assembly U-factors, C-factors and F-factors are established in ANSI/ASHRAE/IESNA 90.1 Appendix A, such opaque assemblies shall be a compliance alternative where those values meet the criteria of this table, and provided that the construction, excluding the cladding system on walls, complies with the appropriate construction details from ANSI/ASHRAE/ISNEA 90.1 Appendix A. b. Where U-factors have been established by testing in accordance with ASTM C1363, such opaque assemblies shall be a compliance alternative where those values meet the criteria of this table. The R-value of continuous insulation shall be permitted to be added to or subtracted from the original tested design. c. Where heated slabs are below grade, below-grade walls shall comply with the U-factor requirements for above-grade mass walls. d. “Mass floors” shall be in accordance with Section C402.2.3. e. These C-, F- and U-factors are based on assemblies that are not required to contain insulation. f. “Mass walls” shall be in accordance with Section C402.2.2. g. Swinging door U-factors shall be determined in accordance with NFRC-100. h. Garage doors having a single row of fenestration shall have an assembly U-factor less than or equal to 0.44 in Climate Zones 0 through 6 and less than or equal to 0.36 in Climate Zones 7 and 8, provided that the fenestration area is not less than 14 percent and not more than 25 percent of the total door area. C402.1.4.2 Thermal resistance of cold-formed steel walls. U-factors of walls with cold-formed steel studs shall be permitted to be determined in accordance with Equation 4-1. U = 1/[Rs + (ER)] (Equation 4-1) where: Rs = The cumulative R-value of the wall components along the path of heat transfer, excluding the cavity insulation and steel studs. ER = The effective R-value of the cavity insulation with steel studs as specified in Table C402.1.4.2. TABLE C402.1.4.2 EFFECTIVE R-VALUES FOR STEEL STUD WALL ASSEMBLIES NOMINAL STUD DEPTH (inches) SPACING OF FRAMING (inches) CAVITY R-VALUE (insulation) CORRECTION FACTOR (Fc) EFFECTIVE R- VALUE (ER) (Cavity R-Value × Fc) 31/2 16 13 0.46 5.98 15 0.43 6.45 31/2 24 13 0.55 7.15 15 0.52 7.80 6 16 19 0.37 7.03 21 0.35 7.35 6 24 19 0.45 8.55 21 0.43 9.03 8 16 25 0.31 7.75 24 25 0.38 9.50 For SI: 1 inch = 25.4 mm. C402.1.5 Component performance alternative. Building envelope values and fenestration areas determined in accordance with Equation 4-2 shall be an alternative to compliance with the U-, F- and C-factors in Tables C402.1.4 and C402.4 and the maximum allowable fenestration areas in Section C402.4.1. Fenestration shall meet the applicable SHGC requirements of Section C402.4.3. The thermal bridging requirements of C402.6 shall be met. A + B + C + D + E ≤ Zero (Equation 4-2) where: A = Sum of the (UA Dif) values for each distinct assembly type of the building thermal envelope, other than slabs on grade and below-grade walls. UA Dif = UA Proposed – UA Table. UA Proposed = Proposed U-value × Area. UA Table = (U-factor from Table C402.1.3, C402.1.4 or C402.4) × Area. B = Sum of the (FL Dif) values for each distinct slab-on-grade perimeter condition of the building thermal envelope. FL Dif = FL Proposed – FL Table. FL Proposed = Proposed F-value × Perimeter length. FL Table = (F-factor specified in Table C402.1.4) × Perimeter length. C = Sum of the (CA Dif) values for each distinct below-grade wall assembly type of the building thermal envelope. CA Dif = CA Proposed – CA Table. CA Proposed = Proposed C-value × Area. CA Table = (Maximum allowable C-factor specified in Table C402.1.4) × Area. Where the proposed vertical glazing area is less than or equal to the maximum vertical glazing area allowed by Section C402.4.1, the value of D (Excess Vertical Glazing Value) shall be zero. Otherwise: D = (DA × UV) – (DA × U Wall), but not less than zero. DA = (Proposed Vertical Glazing Area) – (Vertical Glazing Area allowed by Section C402.4.1). UA Wall = Sum of the (UA Proposed) values for each opaque assembly of the exterior wall. U Wall = Area-weighted average U-value of all above-grade wall assemblies. UAV = Sum of the (UA Proposed) values for each vertical glazing assembly. UV = UAV/total vertical glazing area. Where the proposed skylight area is less than or equal to the skylight area allowed by Section C402.4.1, the value of E (Excess Skylight Value) shall be zero. Otherwise: E = (EA × US) – (EA × U Roof), but not less than zero. EA = (Proposed Skylight Area) – (Allowable Skylight Area as specified in Section C402.4.1). U Roof = Area-weighted average U-value of all roof assemblies. UAS = Sum of the (UA Proposed) values for each skylight assembly. US = UAS/total skylight area. C402.2 Specific building thermal envelope insulation requirements. Insulation in building thermal envelope opaque assemblies shall comply with Sections C402.2.1 through C402.2.7 and Table C402.1.3. C402.2.1 Roof assembly. The minimum thermal resistance (R-value) of the insulating material installed either between the roof framing or continuously on the roof assembly shall be as specified in Table C402.1.3, based on construction materials used in the roof assembly. C402.2.1.1 Tapered, above-deck insulation based on thickness. Where used as a component of a roof/ceiling assembly R-value calculation, the sloped roof insulation R-value contribution to that calculation shall use the average thickness in inches (mm) along with the material R-value-per-inch (per-mm) solely for R-value compliance as prescribed in Section 402.1.3. C402.2.1.2 Minimum thickness, lowest point. The minimum thickness of above-deck roof insulation at its lowest point, gutter edge, roof drain or scupper, shall be not less than 1 inch (25 mm). C402.2.1.3 Suspended ceilings. Insulation installed on suspended ceilings having removable ceiling tiles shall not be considered part of the minimum thermal resistance (R-value) of roof insulation in roof/ceiling construction. C402.2.1.4 Joints staggered. Continuous insulation board shall be installed in not less than two layers and the edge joints between each layer of insulation shall be staggered, except where insulation tapers to the roof deck at a gutter edge, roof drain or scupper. C402.2.1.5 Skylight curbs. Skylight curbs shall be insulated to the level of roofs with insulation entirely above the deck or R- 5, whichever is less. Exception: Unit skylight curbs included as a component of a skylight listed and labeled in accordance with NFRC 100 shall not be required to be insulated. C402.2.2 Above-grade walls. The minimum thermal resistance (R-value) of materials installed in the wall cavity between framing members and continuously on the walls shall be as specified in Table C402.1.3, based on framing type and construction materials used in the wall assembly. The R-value of integral insulation installed in concrete masonry units shall not be used in determining compliance with Table C402.1.3 except as otherwise noted in the table. In determining compliance with Table C402.1.4, the use of the U-factor of concrete masonry units with integral insulation shall be permitted. “Mass walls” where used as a component in the thermal envelope of a building shall comply with one of the following: 1. Weigh not less than 35 pounds per square foot (171 kg/m2) of wall surface area. 2. Weigh not less than 25 pounds per square foot (122 kg/m2) of wall surface area where the mate- rial weight is not more than 120 pcf (1900 kg/m3). 3. Have a heat capacity exceeding 7 Btu/ft2 × °F (144 kJ/m2 × K). 4. Have a heat capacity exceeding 5 Btu/ft2 × °F (103 kJ/m2 × K), where the material weight is not more than 120 pcf (1900 kg/m3). C402.2.3 Floors. The thermal properties (component R-values or assembly U-, C- or F-factors) of floor assemblies over outdoor air or unconditioned space shall be as specified in Table C402.1.3 or C402.1.4 based on the construction materials used in the floor assembly. Floor framing cavity insulation or structural slab insulation shall be installed to maintain permanent contact with the underside of the subfloor decking or structural slabs. “Mass floors” where used as a component of the thermal envelope of a building shall provide one of the following weights: 1. 35 pounds per square foot (171 kg/m2) of floor surface area. 2. 25 pounds per square foot (122 kg/m2) of floor surface area where the material weight is not more than 120 pounds per cubic foot (1923 kg/m3). Exceptions: 1. The floor framing cavity insulation or structural slab insulation shall be permitted to be in contact with the top side of sheathing or continuous insulation installed on the bottom side of floor assemblies where combined with insulation that meets or exceeds the minimum R-value in Table C402.1.3 for “Metal framed” or “Wood framed and other” values for “Walls, above grade” and extends from the bottom to the top of all perimeter floor framing or floor assembly members. 2. Insulation applied to the underside of concrete floor slabs shall be permitted an airspace of not more than 1 inch (25 mm) where it turns up and is in contact with the underside of the floor under walls associated with the building thermal envelope. C402.2.4 Slabs-on-grade. The minimum thermal resistance (R-value) of the insulation for unheated or heated slab-on-grade floors designed in accordance with the R-value method of Section C402.1.3 shall be as specified in Table C402.1.3. C402.2.4.1 Insulation installation. Where installed, the perimeter insulation shall be placed on the outside of the foundation or on the inside of the foundation wall. The perimeter insulation shall extend downward from the top of the slab for the minimum distance shown in the table or to the top of the footing, which- ever is less, or downward to not less than the bottom of the slab and then horizontally to the interior or exterior for the total distance shown in the table. Insulation extending away from the building shall be protected by pavement or by not less than 10 inches (254 mm) of soil. Where installed, full slab insulation shall be continuous under the entire area of the slab-on-grade floor, except at structural column locations and service penetrations. Insulation required at the heated slab perimeter shall not be required to extend below the bottom of the heated slab and shall be continuous with the full slab insulation. Exception: Where the slab-on-grade floor is greater than 24 inches (61 mm) below the finished exterior grade, perimeter insulation is not required. C402.2.5 Below-grade walls. The C-factor for the below-grade exterior walls shall be in accordance with Table C402.1.4. The R-value of the insulating material installed continuously within or on the below-grade exterior walls of the building envelope shall be in accordance with Table C402.1.3. The C-factor or R-value required shall extend to a depth of not less than 10 feet (3048 mm) below the outside finished ground level, or to the level of the lowest floor of the conditioned space enclosed by the below-grade wall, whichever is less. C402.2.6 Insulation of radiant heating systems. Radiant heating system panels, and their associated components that are installed in interior or exterior assemblies, shall be insulated to an R-value of not less than R-3.5 on all surfaces not facing the space being heated. Radiant heating system panels that are installed in the building thermal envelope shall be separated from the exterior of the building or unconditioned or exempt spaces by not less than the R-value of insulation installed in the opaque assembly in which they are installed or the assembly shall comply with Section C402.1.4. Exception: Heated slabs on grade insulated in accordance with Section C402.2.4. C402.2.7 Airspaces. Where the R-value of an airspace is used for compliance in accordance with Section C402.1, the airspace shall be enclosed in an unventilated cavity constructed to minimize airflow into and out of the enclosed airspace. Airflow shall be deemed minimized where the enclosed airspace is located on the interior side of the continuous air barrier and is bounded on all sides by building components. Exception: The thermal resistance of airspaces located on the exterior side of the continuous air barrier and adjacent to and behind the exterior wall-covering material shall be determined in accordance with ASTM C1363 modified with an airflow entering the bottom and exiting the top of the airspace at an air C402.4 Fenestration. Fenestration shall comply with Sections C402.4.1 through C402.4.5 and Table C402.4. Daylight responsive controls shall comply with this section and Section C405.2.4. TABLE C402.4 BUILDING ENVELOPE FENESTRATION MAXIMUM U-FACTOR AND SHGC REQUIREMENTS CLIMATE ZONE 7 8 Vertical Fenestration U-factor All Other Group R Fixed fenestration 0.27 0.26 0.26 Operable fenestration 0.33 0.26 0.32 Entrance doors 0.50 0.28 0.63 SHGC Fixed Operable Fixed Operable PF < 0.2 0.40 0.35 0.40 0.36 0.2 ≤ PF < 0.5 0.48 0.43 0.48 0.43 PF ≥ 0.5 0.64 0.58 0.64 0.58 Skylights U-factor 0.44 0.41 SHGC NR NR NR = No Requirement, PF = Projection Factor. C402.4.1 Maximum area. The vertical fenestration area, not including opaque doors and opaque spandrel panels, shall be not greater than 30 percent of the gross above-grade wall area. The skylight area shall be not greater than 3 percent of the gross roof area. C402.4.1.1 Increased vertical fenestration area with daylight responsive controls. In Climate Zones 0 through 6, not more than 40 percent of the gross above-grade wall area shall be vertical fenestration, provided that all of the following requirements are met: 1. In buildings not greater than two stories above grade, not less than 50 percent of the net floor area is within a daylight zone. 2. In buildings three or more stories above grade, not less than 25 percent of the net floor area is within a daylight zone. 3. Daylight responsive controls are installed in daylight zones. 4. Visible transmittance (VT) of vertical fenestration is not less than 1.1 times solar heat gain coefficient (SHGC). Exception: Fenestration that is outside the scope of NFRC 200 is not required to comply with Item 4. C402.4.1.2 Increased skylight area with daylight responsive controls. The skylight area shall be not more than 6 percent of the roof area provided that daylight responsive controls are installed in toplit daylight zones. C402.4.2 Minimum skylight fenestration area. Skylights shall be provided in enclosed spaces greater than 2,500 square feet (232 m2) in floor area, directly under a roof with not less than 75 percent of the ceiling area with a ceiling height greater than 15 feet (4572 mm), and used as an office, lobby, atrium, concourse, corridor, storage space, gymnasium/exercise center, convention center, automotive service area, space where manufacturing occurs, nonrefrigerated warehouse, retail store, distribution/sorting area, transportation depot or work- shop. The total toplit daylight zone shall be not less than half the floor area and shall comply with one of the following: 1. A minimum skylight area to toplit daylight zone of not less than 3 percent where all skylights have a VT of not less than 0.40, or VTannual of not less than 0.26, as determined in accordance with Section C303.1.3. 2. A minimum skylight effective aperture, determined in accordance with Equation 4-4, of: 2.1. Not less than 1 percent using a skylight’s VT rating; or 2.2. Not less than 0.66 percent using a Tubular Daylight Device’s VTannual rating. Skylight Effective Aperture = 0.85 x Skylight Area x Skylight VT x WF Toplit Zone (Equation 4-4) where: Skylight area = Total fenestration area of skylights. Skylight VT = Area weighted average visible transmittance of skylights. WF = Area weighted average well factor, where well factor is 0.9 if light well depth is less than 2 feet (610 mm), or 0.7 if light well depth is 2 feet (610 mm) or greater, or 1.0 for Tubular Daylighting Devices with VTannual ratings. Light well depth = Measure vertically from the underside of the lowest point of the skylight glazing to the ceiling plane under the skylight. Exception: Skylights above daylight zones of enclosed spaces are not required in: 1. Spaces where the designed general lighting power densities are less than 0.5 W/ft2 (5.4 W/m2). 2. Areas where it is documented that existing structures or natural objects block direct beam sunlight on not less than half of the roof over the enclosed area for more than 1,500 daytime hours per year between 8 a.m. and 4 p.m. 3. Spaces where the daylight zone under roof-top monitors is greater than 50 percent of the enclosed space floor area. 4. Spaces where the total area minus the area of sidelit daylight zones is less than 2,500 square feet (232 m2), and where the lighting is controlled in accordance with Section C405.2.3. 5. Spaces designed as storm shelters complying with ICC 500. C402.4.2.1 Lighting controls in toplit daylight zones. Daylight responsive controls shall be provided in toplit daylight zones. C402.4.2.2 Haze factor. Skylights in office, storage, automotive service, manufacturing, nonrefrigerated warehouse, retail store and distribution/sorting area spaces shall have a glazing material or diffuser with a haze factor greater than 90 percent when tested in accordance with ASTM D1003. Exception: Skylights and tubular daylighting devices designed and installed to exclude direct sunlight entering the occupied space by the use of fixed or automated baffles, the geometry of skylight and light well or the use of optical diffuser components. C402.4.3 Maximum U-factor and SHGC. The maximum U-factor and solar heat gain coefficient (SHGC) for fenestration shall be as specified in Table C402.4. The window projection factor shall be determined in accordance with Equation 4-5. PF = A/B (Equation 4-5) where: PF = Projection factor (decimal). A = Distance measured horizontally from the farthest continuous extremity of any overhang, eave or permanently attached shading device to the vertical surface of the glazing. B = Distance measured vertically from the bottom of the glazing to the underside of the overhang, eave or permanently attached shading device. Where different windows or glass doors have different PF values, they shall each be evaluated separately. C402.4.3.2 Increased skylight U-factor. Where skylights are installed above daylight zones provided with daylight responsive controls, a maximum U-factor of 0.75 shall be permitted C402.4.3.3 Dynamic glazing. Where dynamic glazing is intended to satisfy the SHGC and VT requirements of Table C402.4, the ratio of the higher to lower labeled SHGC shall be greater than or equal to 2.4, and the dynamic glazing shall be automatically controlled to modulate the amount of solar gain into the space in multiple steps. Dynamic glazing shall be considered separately from other fenestration, and area-weighted averaging with other fenestration that is not dynamic glazing shall not be permitted. Exception: Dynamic glazing is not required to comply with this section where both the lower and higher labeled SHGC already comply with the requirements of Table C402.4. C402.4.3.4 Area-weighted U-factor. An area-weighted average shall be permitted to satisfy the U-factor requirements for each fenestration product category listed in Table C402.4. Individual fenestration products from different fenestration product categories listed in Table C402.4 shall not be combined in calculating area- weighted average U-factor. C402.4.4 Daylight zones. Daylight zones referenced in Sections C402.4.1.1 through C402.4.3.2 shall comply with Sections C405.2.4.2 and C405.2.4.3, as applicable. Daylight zones shall include toplit daylight zones and sidelit daylight zones. C402.4.5 Doors. Opaque swinging doors shall comply with Table C402.1.4. Opaque nonswinging doors shall comply with Table C402.1.4. Opaque doors shall be considered as part of the gross area of above-grade walls that are part of the building thermal envelope. Opaque doors shall comply with Section C402.4.5.1 or C402.4.5.2. Other doors shall comply with the provisions of Section C402.4.3 for vertical fenestration. C402.4.5.1 Opaque swinging doors. Opaque swinging doors shall comply with Table C402.1.4. C402.4.5.2 Nonswinging doors. Opaque nonswinging doors that are horizontally hinged sectional doors with a single row of fenestration shall have an assembly U-factor less than or equal to 0.440 in Climate Zones 0 through 6 and less than or equal to 0.360 in Climate Zones 7 and 8, provided that the fenestration area is not less than 14 percent and not more than 25 percent of the total door area. Exception: Other doors shall comply with the provisions of Section C402.4.3 for vertical fenestration. C402.5 Air leakage—thermal envelope. The building thermal envelope shall comply with Sections C402.5.1 through Section C402.5.11.1, and the building thermal envelope shall be tested in accordance with Section C402.5.2 or C402.5.3. Where compliance is based on such testing, the building shall also comply with Sections C402.5.7, C402.5.8 and C402.5.9. C402.5.1 Air barriers. A continuous air barrier shall be provided throughout the building thermal envelope. The continuous air barriers shall be located on the inside or outside of the building thermal envelope, located within the assemblies composing the building thermal envelope, or any combination thereof. The air barrier shall comply with Sections C402.5.1.1, and C402.5.1.2. The air leakage performance of the air barrier shall be verified in accordance with Section C402.5.2. C402.5.1.1 Air barrier design and documentation requirements. Design of the continuous air barrier shall be documented in the following manner: 1. Components comprising the continuous air barrier and their position within each building thermal envelope assembly shall be identified. 2. Joints, interconnections, and penetrations of the continuous air barrier components shall be detailed. 3. The continuity of the air barrier building element assemblies that enclose conditioned space or provide a boundary between conditioned space and unconditioned space shall be identified. 4. Documentation of the continuous air barrier shall detail methods of sealing the air barrier such as wrapping, caulking, gasketing, taping or other approved methods at the following locations: 4.1. Joints around fenestration and door frames. 4.2. Joints between walls and floors, between walls at building corners, between walls and roofs including parapets and copings, where above-grade walls meet foundations, and similar intersections. 4.3. Penetrations or attachments through the continuous air barrier in building envelope roofs, walls, and floors. 4.4. Building assemblies used as ducts or plenums. 4.5. Changes in continuous air barrier materials and assemblies. 5. Identify where testing will or will not be performed in accordance with Section C402.5.2 Where testing will not be performed, a plan for field inspections required by C402.5.2.3 shall be provided that includes the following: 5.1. Schedule for periodic inspection, 5.2. Continuous air barrier scope of work, 5.3. List of critical inspection items, 5.4. Inspection documentation requirements, and 5.5. Provisions for corrective actions where needed. C402.5.1.1 Air barrier construction. The continuous air barrier shall be constructed to comply with the following: 1. The air barrier shall be continuous for all assemblies that are the thermal envelope of the building and across the joints and assemblies. 2. Air barrier joints and seams shall be sealed, including sealing transitions in places and changes in materials. The joints and seals shall be securely installed in or on the joint for its entire length so as not to dislodge, loosen or otherwise impair its ability to resist positive and negative pressure from wind, stack effect and mechanical ventilation. 3. Penetrations of the air barrier shall be caulked, gasketed or otherwise sealed in a manner compatible with the construction materials and location. Sealing shall allow for expansion, contraction and mechanical vibration. Joints and seams associated with penetrations shall be sealed in the same manner or taped. Sealing materials shall be securely installed around the penetration so as not to dislodge, loosen or otherwise impair the penetrations’ ability to resist positive and negative pressure from wind, stack effect and mechanical ventilation. Sealing of concealed fire sprinklers, where required, shall be in a manner that is recommended by the manufacturer. Caulking or other adhesive sealants shall not be used to fill voids between fire sprinkler cover plates and walls or ceilings. 4. Recessed lighting fixtures shall comply with Section C402.5.10. Where similar objects are installed that penetrate the air barrier, provisions shall be made to maintain the integrity of the air barrier. C402.5.1.2 Air barrier compliance. A continuous air barrier for the opaque building envelope shall comply with the following: 1. Buildings or portions of buildings, including Group R and I occupancies, shall meet the provisions of Section C402.5.2. 2. Buildings or portions of buildings other than Group R and I occupancies shall meet the provisions of Section C402.5.3. 3. 222Buildings or portions of buildings that do not complete air barrier testing shall meet the provisions of Section C402.5.1.3 or C402.5.1.4 in addition to Section C402.5.1.5. C402.5.1.3 Materials. Materials with an air permeability not greater than 0.004 cfm/ft2 (0.02 L/s × m2) under a pressure differential of 0.3 inch water gauge (75 Pa) when tested in accordance with ASTM E2178 shall comply with this section. Materials in Items 1 through 16 shall be deemed to comply with this section, provided that joints are sealed and materials are installed as air barriers in accordance with the manufacturer’s instructions. 1. Plywood with a thickness of not less than ¾ inch (10 mm). Oriented strand board having a thickness of not less than 3/8 inch (10 mm). 2. Extruded polystyrene insulation board having a thickness of not less than 1/2 inch (12.7 mm). 3. Foil-back polyisocyanurate insulation board having a thickness of not less than 1/2 inch (12.7 mm). 4. Closed-cell spray foam having a minimum density of 1.5 pcf (2.4 kg/m3) and having a thickness of not less than 11/2 inches (38 mm). 5. Open-cell spray foam with a density between 6. 0.4 and 1.5 pcf (0.6 and 2.4 kg/m3) and having a thickness of not less than 4.5 inches (113 mm). 7. Exterior or interior gypsum board having a thickness of not less than 1/2 inch (12.7 mm). 8. Cement board having a thickness of not less than 1/2 inch (12.7 mm). 9. Built-up roofing membrane. 10. Modified bituminous roof membrane. 11. Single-ply roof membrane. 12. A Portland cement/sand parge, or gypsum plaster having a thickness of not less than 5/8 inch (15.9 mm). 13. Cast-in-place and precast concrete. 14. Fully grouted concrete block masonry. 15. Sheet steel or aluminum. 16. Solid or hollow masonry constructed of clay or shale masonry units. C402.5.1.4 Assemblies. Assemblies of materials and components with an average air leakage not greater than 0.04 cfm/ft2 (0.2 L/s × m2) under a pressure differential of 0.3 inch of water gauge (w.g.)(75 Pa) when tested in accordance with ASTM E2357, ASTM E1677, ASTM D8052 or ASTM E283 shall comply with this section. Assemblies listed in Items 1 through 3 shall be deemed to comply, provided that joints are sealed and the requirements of Section C402.5.1.1 are met. 1. Concrete masonry walls coated with either one application of block filler or two applications of a paint or sealer coating. 2. Masonry walls constructed of clay or shale masonry units with a nominal width of 4 inches (102 mm) or more. 3. A Portland cement/sand parge, stucco or plaster not less than 1/2 inch (12.7 mm) in thickness. C402.5.1.5 Building envelope performance verification. The installation of the continuous air barrier shall be verified by the code official, a registered design professional or approved agency in accordance with the following: 1. A review of the construction documents and other supporting data shall be conducted to assess compliance with the requirements in Section C402.5.1. 2. Inspection of continuous air barrier components and assemblies shall be conducted during construction while the air barrier is still accessible for inspection and repair to verify compliance with the requirements of Sections C402.5.1.3 and C402.5.1.4. 3. A final commissioning report shall be provided for inspections completed by the registered design professional or approved agency. The commissioning report shall be provided to the building owner or owner’s authorized agent and the code official. The report shall identify deficiencies found during the review of the construction documents and inspection and details of corrective measures taken. C402.5.2 Dwelling and sleeping unit enclosure testing. The building thermal envelope shall be tested in accordance with ASTM E779, ANSI/RESNET/ICC 380, ASTM E1827 or an equivalent method approved by the code official. The measured air leakage shall not exceed 0.30 cfm/ft2 (1.5 L/s m2) of the testing unit enclosure area at a pressure differential of 0.2 inch water gauge (50 Pa). Where multiple dwelling units or sleeping units or other occupiable conditioned spaces are contained within one building thermal envelope, each unit shall be considered an individual testing unit, and the building air leakage shall be the weighted average of all testing unit results, weighted by each testing unit’s enclosure area. Units shall be tested separately with an unguarded blower door test as follows: 1. Where buildings have fewer than eight testing units, each testing unit shall be tested. 2. For buildings with eight or more testing units, the greater of seven units or 20 percent of the testing units in the building shall be tested, including a top floor unit, a ground floor unit and a unit with the largest testing unit enclosure area. For each tested unit that exceeds the maximum air leakage rate, an additional two units shall be tested, including a mixture of testing unit types and locations. C402.5.3 Building thermal envelope testing. The building thermal envelope shall be tested in accordance with ASTM E779, ANSI/RESNET/ICC 380, ASTM E3158 or ASTM E1827 or an equivalent method approved by the code official. The measured air leakage shall not exceed 0.40 cfm/ft2 (2.0 L/s × m2) of the building thermal envelope area at a pressure differential of 0.3 inch water gauge (75 Pa). Alternatively, portions of the building shall be tested and the measured air leakages shall be area weighted by the surface areas of the building envelope in each portion. The weighted average test results shall not exceed the whole building leakage limit. In the alternative approach, the following portions of the building shall be tested: 1. The entire envelope area of all stories that have any spaces directly under a roof. 2. The entire envelope area of all stories that have a building entrance, exposed floor, or loading dock, or are below grade. 3. Representative above-grade sections of the building totaling at least 25 percent of the wall area enclosing the remaining conditioned space. Exception: Where the measured air leakage rate exceeds 0.40 cfm/ft2 (2.0 L/s × m2) but does not exceed 0.60 cfm/ft2 (3.0 L/s × m2), a diagnostic evaluation using smoke tracer or infrared imaging shall be conducted while the building is pressurized along with a visual inspection of the air barrier. Any leaks noted shall be sealed where such sealing can be made without destruction of existing building components. An additional report identifying the corrective actions taken to seal leaks shall be submitted to the code official and the building owner, and shall be deemed to comply with the requirements of this section. C402.5.4 Air leakage of fenestration. The air leakage of fenestration assemblies shall meet the provisions of Table C402.5.4. Testing shall be in accordance with the applicable reference test standard in Table C402.5.4 by an accredited, independent testing laboratory and labeled by the manufacturer. Exceptions: 1. Field-fabricated fenestration assemblies that are sealed in accordance with Section C402.5.1. 2. Fenestration in buildings that comply with the testing alternative of Section C402.5 are not required to meet the air leakage requirements in Table C402.5.4. TABLE C402.5.4 MAXIMUM AIR LEAKAGE RATE FOR FENESTRATION ASSEMBLIES FENESTRATION ASSEMBLY MAXIMUM RATE (CFM/FT2) TEST PROCEDURE Windows 0.20a AAMA/WDMA/CSA101/I.S.2/A440 or NFRC 400 Sliding doors 0.20a Swinging doors 0.20a Skylights—with condensation weepage openings 0.30 Skylights—all other 0.20a Curtain walls 0.06 NFRC 400 or ASTM E283 at 1.57 psf (75 Pa) Storefront glazing 0.06 Commercial glazed swinging entrance doors 1.00 Power-operated sliding doors and power operated folding doors 1.00 Revolving doors 1.00 Garage doors 0.40 ANSI/DASMA 105, NFRC 400, or ASTM E283 Rolling doors 1.00 High-speed doors 1.30 at 1.57 psf (75 Pa) For SI: 1 cubic foot per minute = 0.47 L/s, 1 square foot = 0.093 m2. a. The maximum rate for windows, sliding and swinging doors, and skylights is permitted to be 0.3 cfm per square foot of fenestration or door area when tested in accordance with AAMA/WDMA/CSA101/I.S.2/A440 at 6.24 psf (300 Pa). C402.5.5 Rooms containing fuel-burning appliances. where combustion air is supplied through openings in an exterior wall to a room or space containing a space-conditioning fuel-burning appliance, one of the following shall apply: 1. The room or space containing the appliance shall be located outside of the building thermal envelope. 2. The room or space containing the appliance shall be enclosed and isolated from conditioned spaces inside the building thermal envelope. Such rooms shall comply with all of the following: 2.1. The walls, floors and ceilings that separate the enclosed room or space from conditioned spaces shall be insulated to be not less than equivalent to the insulation requirement of below-grade walls as specified in Table C402.1.3 or Table C402.1.4. 2.2. The walls, floors and ceilings that separate the enclosed room or space from conditioned spaces shall be sealed in accordance with Section C402.5.1.1. 2.3. The doors into the enclosed room or space shall be fully gasketed. 2.4. Water lines and ducts in the enclosed room or space shall be insulated in accordance with Section C403. 2.5. Where an air duct supplying combustion air to the enclosed room or space passes through conditioned space, the duct shall be insulated to an R-value of not less than R-8. C402.5.6 Doors and access openings to shafts, chutes, stairways and elevator lobbies. Doors and access openings from conditioned space to shafts, chutes stairways and elevator lobbies not within the scope of the fenestration assemblies covered by Section C402.5.4 shall be gasketed, weather-stripped or sealed. Exceptions: 1. Door openings required to comply with Section 716 of the International Building Code. 2. Doors and door openings required to comply with UL 1784 by the International Building Code. C402.5.7 Air intakes, exhaust openings, stairways and shafts. Stairway enclosures, elevator shaft vents and other outdoor air intakes and exhaust openings integral to the building envelope shall be provided with dampers in accordance with Section C403.7.7. C402.5.8 Loading dock weather seals. Cargo door openings and loading door openings shall be equipped with weather seals that restrict infiltration and provide direct contact along the top and sides of vehicles that are parked in the doorway. C402.5.9 Vestibules. Building entrances shall be protected with an enclosed vestibule, with all doors opening into and out of the vestibule equipped with self-closing devices. Vestibules shall be designed so that in passing through the vestibule it is not necessary for the interior and exterior doors to open at the same time. The installation of one or more revolving doors in the building entrance shall not eliminate the requirement that a vestibule be provided on any doors adjacent to revolving doors. Exceptions: Vestibules are not required for the following: 1. Buildings in Climate Zones 0 through 2. 2. Doors not intended to be used by the public, such as doors to mechanical or electrical equipment rooms, or intended solely for employee use. 3. Doors opening directly from a sleeping unit or dwelling unit. 4. Doors that open directly from a space less than 1,500 square feet (298 m2) in area. 5. Revolving doors. 6. Doors used primarily to facilitate vehicular movement or material handling and adjacent personnel doors. 7. Doors that have an air curtain with a velocity of not less than 6.56 feet per second (2 m/s) at the floor that have been tested in accordance with ANSI/AMCA 220 and installed in accordance with the manufacturer’s instructions. Automatic controls shall be provided that will operate the air curtain with the opening and closing of the door when the outdoor air temperature is greater than 45°F and less than 80°F. Air curtains and their controls shall comply with Section C408.2.3. C402.5.10 Recessed lighting. Recessed luminaires installed in the building thermal envelope shall be all of the following: 1. IC-rated. 2. Labeled as having an air leakage rate of not more 2.0 cfm (0.944 L/s) when tested in accordance with ASTM E283 at a 1.57 psf (75 Pa) pressure differential. 3. Sealed with a gasket or caulk between the housing and interior wall or ceiling covering. C402.5.11 Operable openings interlocking. Where occupancies utilize operable openings to the outdoors that are larger than 40 square feet (3.7 m2) in area, such openings shall be interlocked with the heating and cooling system so as to raise the cooling setpoint to 90°F (32°C) and lower the heating setpoint to 55°F (13°C) whenever the operable opening is open. The change in heating and cooling setpoints shall occur within 10 minutes of opening the operable opening. Exceptions: 1. Separately zoned areas associated with the preparation of food that contain appliances that contribute to the HVAC loads of a restaurant or similar type of occupancy. 2. Warehouses that utilize overhead doors for the function of the occupancy, where approved by the code official. 3. The first entrance doors where located in the exterior wall and are part of a vestibule system. C402.5.11.1 Operable controls. Controls shall comply with Section C403.14. C402.6 Thermal bridges in above-grade walls. Thermal bridges in above-grade walls shall comply with this section or an approved design. Exceptions: 1. Any thermal bridge with a material thermal conductivity not greater than 3.0 Btu/h-ft-°F. 2. Blocking, coping, flashing, and other similar materials for attachment of roof coverings. 3. Thermal bridges accounted for in the U-factor or C-factor for a building thermal envelope. C402.6.1 Balconies and floor decks. Balconies and concrete floor decks shall not penetrate the building thermal envelope. Such assemblies shall be separately supported or shall be supported by approved structural attachments or elements that minimize thermal bridging through the building thermal envelope. Exceptions: Balconies and concrete floor decks shall be permitted to penetrate the building thermal envelope where: 1. An area-weighted U-factor is used for above-grade wall compliance which includes a U-factor of 0.8 Btu/h-°F-ft2 for the area of the above-grade wall penetrated by the concrete floor deck, or 2. An approved thermal break device of not less than R-10 is installed in accordance with the manufacturer's instructions. C402.6.2 Cladding supports. Linear elements supporting opaque cladding shall be off-set from the structure with attachments that allow the continuous insulation, where present, to pass behind the cladding support element. Exceptions: 1. An approved design where the above-grade wall U-factor used for compliance accounts for the cladding support element thermal bridge. 2. Anchoring for curtain wall and window wall systems. C402.6.3 Structural beams and columns. Structural steel and concrete beams and columns that project through the building thermal envelope shall be covered with not less than R-5 insulation for not less than 2-feet (610 mm) beyond the interior or exterior surface of an insulation component within the building thermal envelope. Exceptions: 1. Where an approved thermal break device is installed in accordance with the manufacturer's instructions. 2. An approved design where the above-grade wall U-factor used to demonstrate compliance accounts for the beam or column thermal bridge. SECTION C403 BUILDING MECHANICAL SYSTEMS C403.1 General. Mechanical systems and equipment serving the building heating, cooling, ventilating or refrigerating needs shall comply with this section. Exception: Data center systems are exempt from the requirements of Sections C403.4 and C403.5. C403.1.1 Calculation of heating and cooling loads. Design loads associated with heating, ventilating and air conditioning of the building shall be determined in accordance with ANSI/ASHRAE/ACCA Standard 183 or by an approved equivalent computational procedure using the design parameters specified in Chapter 3. Heating and cooling loads shall be adjusted to account for load reductions that are achieved where energy recovery systems are utilized in the HVAC system in accordance with the ASHRAE HVAC Systems and Equipment Handbook by an approved equivalent computational procedure. C403.1.2 Data centers. Data center systems shall comply with Sections 6 and 8 of ASHRAE 90.4 with the following changes: The design mechanical load component (MLC) value shall be 0.20 The annualized MLC value shall be 0.16 C403.2 System design. Mechanical systems shall be designed to comply with Sections C403.2.1 through C403.2.3. Where elements of a building’s mechanical systems are addressed in Sections C403.3 through C403.14, such elements shall comply with the applicable provisions of those sections. C403.2.1 Zone isolation required. HVAC systems serving zones that are over 25,000 square feet (2323 m2) in floor area or that span more than one floor and are designed to operate or be occupied nonsimultaneously shall be divided into isolation areas. Each isolation area shall be equipped with isolation devices and controls configured to automatically shut off the supply of conditioned air and outdoor air to and exhaust air from the isolation area. Each isolation area shall be controlled independently by a device meeting the requirements of Section C403.4.2.2. Central systems and plants shall be provided with controls and devices that will allow system and equipment operation for any length of time while serving only the smallest isolation area served by the system or plant. Exceptions: 1. Exhaust air and outdoor air connections to isolation areas where the fan system to which they connect is not greater than 5,000 cfm (2360 L/s). 2. Exhaust airflow from a single isolation area of less than 10 percent of the design airflow of the exhaust system to which it connects. 3. Isolation areas intended to operate continuously or intended to be inoperative only when all other isolation areas in a zone are inoperative. C403.2.2 Ventilation. Ventilation, either natural or mechanical, shall be provided in accordance with Chapter 4 of the International Mechanical Code. Where mechanical ventilation is provided, the system shall provide the capability to reduce the outdoor air supply to the minimum required by Chapter 4 of the International Mechanical Code. C403.2.3 Fault detection and diagnostics. New buildings with an HVAC system serving a gross conditioned floor area of 100,000 square feet (9290 m2) or larger shall include a fault detection and diagnostics (FDD) system to monitor the HVAC system’s performance and automatically identify faults. The FDD system shall: 1. Include permanently installed sensors and devices to monitor the HVAC system’s performance. 2. Sample the HVAC system’s performance at least once every 15 minutes. 3. Automatically identify and report HVAC system faults. 4. Automatically notify authorized personnel of identified HVAC system faults. 5. Automatically provide prioritized recommendations for repair of identified faults based on analysis of data collected from the sampling of HVAC system performance. 6. Be capable of transmitting the prioritized fault repair recommendations to remotely located authorized personnel. Exception: R-1 and R-2 occupancies. C403.3 Heating and cooling equipment efficiencies. Heating and cooling equipment installed in mechanical systems shall be sized in accordance with Section C403.3.1 and shall be not less efficient in the use of energy than as specified in Section C403.3.2. C403.3.1 Equipment sizing. The output capacity of heating and cooling equipment shall be not greater than that of the smallest available equipment size that exceeds the loads calculated in accordance with Section C403.1.1. A single piece of equipment providing both heating and cooling shall satisfy this provision for one function with the capacity for the other function as small as possible, within available equipment options. Exceptions: 1. Required standby equipment and systems provided with controls and devices that allow such systems or equipment to operate automatically only when the primary equipment is not operating. 2. Multiple units of the same equipment type with combined capacities exceeding the design load and provided with controls that are configured to sequence the operation of each unit based on load. C403.3.2 HVAC equipment performance requirements. Equipment shall meet the minimum efficiency requirements of Tables C403.3.2(1) through C403.3.2(16) when tested and rated in accordance with the applicable test procedure. Plate-type liquid-to-liquid heat exchangers shall meet the minimum requirements of AHRI 400. The efficiency shall be verified through certification under an approved certification program or, where a certification program does not exist, the equipment efficiency ratings shall be supported by data furnished by the manufacturer. Where multiple rating conditions or performance requirements are provided, the equipment shall satisfy all stated requirements. Where components, such as indoor or outdoor coils, from different manufacturers are used, calculations and supporting data shall be furnished by the designer that demonstrates that the combined efficiency of the specified components meets the requirements herein. C403.3.2.1 Water-cooled centrifugal chilling packages. Equipment not designed for operation at AHRI Standard 550/590 test conditions of 44.00°F leaving and 54.00°F entering chilled-fluid temperatures, and with 85.00°F entering and 94.30°F leaving condenser fluid temperatures, shall have maximum full-load kW/ton (FL) and part-load rating requirements adjusted using the following equations: FLadj = FL/Kadj (Equation 4-6) PLVadj = IPLV.IP/Kadj (Equation 4-7) where: Kadj = A × B FL = Full-load kW/ton value from Table C403.3.2(3). FLadj = Maximum full-load kW/ton rating, adjusted for nonstandard conditions. IPLV.IP = IPLV.IP value from Table C403.3.2(3). PLVadj = Maximum NPLV rating, adjusted for nonstandard conditions. A = 0.00000014592 × (LIFT)4 – 0.0000346496 × (LIFT)3 + 0.00314196 × (LIFT)2 – 0.147199 × (LIFT) + 3.93073 B = 0.0015 × LvgEvap + 0.934 LIFT = LvgCond – LvgEvap LvgCond = Full-load condenser leaving fluid temperature (°F). LvgEvap = Full-load evaporator leaving temperature (°F). The FLadj and PLVadj values are applicable only for centrifugal chillers meeting all of the following full load design ranges: • 36.00°F ≤ LvgEvap ≤ 60.00°F • LvgCond ≤ 115.00°F • 20.00°F ≤ LIFT ≤ 80.00°F Manufacturers shall calculate the FLadj and PLVadj before determining whether to label the chiller. Centrifugal chillers designed to operate outside of these ranges are not covered by this code. C403.3.2.2 Positive displacement (air and water cooled) chilling packages. Equipment with a leaving fluid temperature higher than 32°F (0°C) and water-cooled positive displacement chilling packages with a condenser leaving fluid temperature below 115°F (46°C) shall meet the requirements of the tables in Section C403.3.2 when tested or certified with water at standard rating conditions, in accordance with the referenced test procedure. C403.3.3 Hot gas bypass limitation. Cooling systems shall not use hot gas bypass or other evaporator pressure control systems unless the system is designed with multiple steps of unloading or continuous capacity modulation. The capacity of the hot gas bypass shall be limited as indicated in Table C403.3.3, as limited by Section C403.5.1. TABLE C403.3.2(1) ELECTRICALLY OPERATED UNITARY AIR CONDITIONERS AND CONDENSING UNITS—MINIMUM EFFICIENCY REQUIREMENTSc, d EQUIPMENT TYPE SIZE CATEGORY HEADING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Air conditioners, air cooled < 65,000 Btu/hb All Split system, three phase and applications outside US single phaseb 13.0 SEER before 1/1/2023 13.4 SEER2 after 1/1/2023 AHRI 210/240— 2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Single-package, three phase and applications outside US single phaseb 14.0 SEER before 1/1/2023 13.4 SEER2 after 1/1/2023 Space constrained, air cooled ≤ 30,000 Btu/hb All Split system, three phase and applications outside US single phaseb 12.0 SEER before 1/1/2023 11.7 SEER2 after 1/1/2023 AHRI 210/240—2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Single package, three phase and applications outside US single phaseb 12.0 SEER before 1/1/2023 11.7 SEER2 after 1/1/2023 Small duct, high velocity, air cooled < 65,000 Btu/hb All Split system, three phase and applications outside US single phaseb 12.0 SEER before 1/1/2023 12.1 SEER2 after 1/1/2023 AHRI 210/240—2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Air conditioners, air cooled ≥ 65,000 Btu/h and < 135,000 Btu/h Electric resistance (or none) Split system and single package 11.2 EER 12.9 IEER before 1/1/2023 14.8 IEER after 1/1/2023 AHRI 340/360 All other 11.0 EER 12.7 IEER before 1/1/2023 14.6 IEER after 1/1/2023 ≥ 135,000 Btu/h and < 240,000 Btu/h Electric resistance (or none) 11.0 EER 12.4 IEER before 1/1/2023 14.2 IEER after 1/1/2023 All other 10.8 EER 12.2 IEER before 1/1/2023 14.0 IEER after 1/1/2023 (continued) TABLE C403.3.2(1)—continued ELECTRICALLY OPERATED UNITARY AIR CONDITIONERS AND CONDENSING UNITS—MINIMUM EFFICIENCY REQUIREMENTSc, d EQUIPMENT TYPE SIZE CATEGORY HEADING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Air conditioners, air cooled (continued) ≥ 240,000 Btu/h and < 760,000 Btu/h Electric resistance (or none) Split system and single package 10.0 EER 11.6 IEER before 1/1/2023 13.2 IEER after 1/1/2023 AHRI 340/360 All other 9.8 EER 11.4 IEER before 1/1/2023 13.0 IEER after 1/1/2023 ≥ 760,000 Btu/h Electric resistance (or none) 9.7 EER 11.2IEER before 1/1/2023 12.5 IEER after 1/1/2023 All other 9.5 EER 11.0 IEER before 1/1/2023 12.3 IEER after 1/1/2023 Air conditioners, water cooled < 65,000 Btu/h All Split system and single package 12.1 EER 12.3 IEER AHRI 210/240 ≥ 65,000 Btu/h and < 135,000 Btu/h Electric resistance (or none) 12.1 EER 13.9 IEER AHRI 340/360 All other 11.9 EER 13.7 IEER ≥ 135,000 Btu/h and < 240,000 Btu/h Electric resistance (or none) 12.5 EER 13.9 IEER All other 12.3 EER 13.7 IEER ≥ 240,000 Btu/h Electric resistance (or none) 12.4 EER 13.6 IEER and < 760,000 Btu/h All other 12.2 EER 13.4 IEER ≥ 760,000 Btu/h Electric resistance (or none) 12.2 EER 13.5 IEER All other 12.0 EER 13.3 IEER (continued) TABLE C403.3.2(1)—continued ELECTRICALLY OPERATED UNITARY AIR CONDITIONERS AND CONDENSING UNITS—MINIMUM EFFICIENCY REQUIREMENTSc, d EQUIPMENT TYPE SIZE CATEGORY HEADING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Air conditioners, evaporatively cooled < 65,000 Btu/hb All Split system and single package 12.1 EER 12.3 IEER AHRI 210/240 ≥ 65,000 Btu/h and < 135,000 Btu/h Electric resistance (or none) 12.1 EER 12.3 IEER AHRI 340/360 All other 11.9 EER 12.1 IEER ≥ 135,000 Btu/h and < 240,000 Btu/h Electric resistance (or none) 12.0 EER 12.2 IEER All other 11.8 EER 12.0 IEER ≥ 240,000 Btu/h and < 760,000 Btu/h Electric resistance (or none) 11.9 EER 12.1 IEER All other 11.7 EER 11.9 IEER ≥ 760,000 Btu/h Electric resistance (or none) 11.7 EER 11.9 IEER All other 11.5 EER 11.7 IEER Condensing units, air cooled ≥ 135,000 Btu/h — — 10.5 EER 11.8 IEER AHRI 365 Condensing units, water cooled ≥ 135,000 Btu/h — — 13.5 EER 14.0 IEER AHRI 365 Condensing units, evaporatively cooled ≥ 135,000 Btu/h — — 13.5 EER 14.0 IEER AHRI 365 For SI: 1 British thermal unit per hour = 0.2931 W. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. Single-phase, US air-cooled air conditioners less than 65,000 Btu/h are regulated as consumer products by the US Department of Energy Code of Federal Regulations DOE 10 CFR 430. SEER and SEER2 values for single-phase products are set by the US Department of Energy. c. DOE 10 CFR 430 Subpart B Appendix M1 includes the test procedure updates effective 1/1/2023 that will be incorporated in AHRI 210/240—2023. d. This table is a replica of ASHRAE 90.1 Table 6.8.1-1 Electrically Operated Unitary Air Conditioners and Condensing Units—Minimum Efficiency Requirements. TABLE C403.3.2(2) ELECTRICALLY OPERATED AIR-COOLED UNITARY HEAT PUMPS—MINIMUM EFFICIENCY REQUIREMENTSc, d EQUIPMENT TYPE SIZE CATEGORY HEADING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Air cooled (cooling mode) < 66,000 Btu/h All Split system, three phase and applications outside US single phaseb 14.0 SEER before 1/1/2023 14.3 SEER2 after 1/1/2023 AHRI 210/240— 2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Single package, three phase and applications outside US single phaseb 14.0 SEER before 1/1/2023 13.4 SEER2 after 1/1/2023 Space constrained, air cooled (cooling mode) ≤ 30,000 Btu/h All Split system, three phase and applications outside US single phaseb 12.0 SEER before 1/1/2023 11.7 SEER2 after 1/1/2023 AHRI 210/240— 2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Single package, three phase and applications outside US single phaseb 12.0 SEER before 1/1/2023 11.7 SEER2 after 1/1/2023 Single duct, high velocity, air cooled (cooling mode) < 65,000 All Split system, three phase and applications outside US single phaseb 12.0 SEER before 1/1/2023 12.0 SEER2 after 1/1/2023 AHRI 210/240— 2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Air cooled (cooling ≥ 65,000 Btu/h and < 135,000 Btu/h Electric resistance (or none) Split system and single 11.0 EER 12.2 IEER before 1/1/2023 14.1 IEER after 1/1/2023 AHRI 340/360 All other 10.8 EER 12.0 IEER before 1/1/2023 13.9 IEER after 1/1/2023 ≥ 135,000 Electric resistance (or none) 10.6 EER 11.6 IEER before 1/1/2023 13.5 IEER after mode) Btu/h and < 240,000 Btu/h package 1/1/2023 All other 10.4 EER 11.4 IEER before 1/1/2023 13.3 IEER after 1/1/2023 ≥ 240,000 Btu/h Electric resistance (or none) 9.5 EER 10.6 IEER before 1/1/2023 12.5 IEER after 1/1/2023 All other 9.3 EER 10.4 IEER before 1/1/2023 12.3 IEER after 1/1/2023 Air cooled (heating mode) < 65,000 Btu/h All Split system, three phase and applications outside US single phaseb 8.2 HSPF before 1/1/2023 7.5 HSPF2 after 1/1/2023 AHRI 210/240— 2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Single package, three phase and applications outside US single phaseb 8.0 HSPF before 1/1/2023 6.7 HSPF2 after 1/1/2023 (continued) TABLE C403.3.2(2)—continued ELECTRICALLY OPERATED AIR-COOLED UNITARY HEAT PUMPS—MINIMUM EFFICIENCY REQUIREMENTSc, d EQUIPMENT TYPE SIZE CATEGORY HEADING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Space constrained, air cooled (heating mode) ≤ 30,000 Btu/h All Split system, three phase and applications outside US single phaseb 7.4 HSPF before 1/1/2023 6.3 HSPF2 after 1/1/2023 AHRI 210/240— 2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Single package, three phase and applications outside US single phaseb 7.4 HSPF before 1/1/2023 6.3 HSPF2 after 1/1/2023 Small duct, high velocity, air cooled (heating mode) < 65,000 Btu/h All Split system, three phase and applications outside US single phaseb 7.2 HSPF before 1/1/2023 6.1 HSPF2 after 1/1/2023 AHRI 210/240— 2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Air cooled (heating mode) ≥ 65,000 Btu/h and < 135,000 Btu/h (cooling capacity) All 47°F db/43°F wb outdoor air 3.30 COPH before 1/1/2023 3.40 COPH after 1/1/2023 AHRI 340/360 17°F db/15°F wb outdoor air 2.25 COPH ≥ 135,000 Btu/h and < 240,000 Btu/h (cooling capacity) 47°F db/43°F wb outdoor air 3.20 COPH before 1/1/2023 3.30 SOPH after 1/1/2023 17°F db/15°F wb outdoor air 2.05 COPH ≥ 240,000 Btu/h (cooling capacity) 47°F db/43°F wb outdoor air 3.20 COPH 17°F db/15°F wb outdoor air 2.05 COPH For SI: 1 British thermal unit per hour = 0.2931 W, °C = [(°F) – 32]/1.8, wb = wet bulb, db = dry bulb. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. Single-phase US air-cooled heat pumps less than 65,000 Btu/h are regulated as consumer products by the US Department of Energy Code of Federal Regulations DOE 10 CFR 430. SEER, SEER2 and HSPF values for single-phase products are set by the US Department of Energy c. DOE 10 CFR 430 Subpart B Appendix M1 includes the test procedure updates effective 1/1/2023 that will be incorporated in AHRI 210/240—2023. d. This table is a replica of ASHRAE 90.1 Table 6.8.1-2 Electrically Operated Air-Cooled Unitary Heat Pumps—Minimum Efficiency Requirements. TABLE C403.3.2(3) WATER-CHILLING PACKAGES—MINIMUM EFFICIENCY REQUIREMENTSa, b, e, f EQUIPMENT TYPE SIZE CATEGORY UNITS PATH A PATH B TEST PROCEDUREc Air cooled chillers < 150 tons EER (Btu/Wh) ≥ 10.100 FL ≥ 9.700 FL AHRI 550/590 ≥ 13.700 IPLV.IP ≥ 15.800 IPLV.IP ≥ 150 tons ≥ 10.100 FL ≥ 9.700FL ≥ 14.000 IPLV.IP ≥ 16.100 IPLV.IP Air cooled without condenser, electrically operated All capacities EER (Btu/Wh) Air-cooled chillers without condenser must be rated with matching condensers and comply with air-cooled chiller efficiency requirements AHRI 550/590 Water cooled, electrically operated positive displacement < 75 tons kW/ton ≤ 0.750 FL ≤ 0.780 FL AHRI 550/590 ≤ 0.600 IPLV.IP ≤ 0.500 IPLV.IP ≥ 75 tons and < 150 tons ≤ 0.720 FL ≤ 0.750 FL ≤ 0.560 IPLV.IP ≤ 0.490 IPLV.IP ≥ 150 tons and < 300 tons ≤ 0.660 FL ≤ 0.680 FL ≤ 0.540 IPLV.IP ≤ 0.440 IPLV.IP ≥ 300 tons and < 600 tons ≤ 0.610 FL ≤ 0.625 FL ≤ 0.520 IPLV.IP ≤ 0.410 IPLV.IP ≥ 600 tons ≤ 0.560 FL ≤ 0.585 FL ≤ 0.500 IPLV.IP ≤ 0.380 IPLV.IP ≤ 0.610 FL ≤ 0.695 FL Water cooled, electrically operated centrifugal < 150 tons kW/ton ≤ 0.550 IPLV.IP ≤ 0.440 IPLV.IP AHRI 550/590 ≤ 0.610 FL ≤ 0.635 FL ≤ 0.550 IPLV.IP ≤ 0.400 IPLV.IP ≥ 300 tons and < 400 tons ≤ 0.560 FL ≤ 0.595 FL ≤ 0.520 IPLV.IP ≤ 0.390 IPLV.IP ≥ 400 tons and < 600 tons ≤ 0.560 FL ≤ 0.585 FL ≤ 0.500 IPLV.IP ≤ 0.380 IPLV.IP ≥ 600 tons ≤ 0.560 FL ≤ 0.585 FL ≤ 0.500 IPLV.IP ≤ 0.380 IPLV.IP Air cooled absorption, single effect All capacities COP (W/W) ≥ 0.600 FL NAd AHRI 560 Water cooled absorption, single effect All capacities COP (W/W) ≥ 0.700 FL NAd AHRI 560 Absorption double effect, indirect fired All capacities COP (W/W) ≥ 1.000 FL NAd AHRI 560 ≥ 0.150 IPLV.IP Absorption double effect, direct fired All capacities COP (W/W) ≥ 1.000 FL NAd AHRI 560 ≥ 1.000 IPLV a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. The requirements for centrifugal chillers shall be adjusted for nonstandard rating conditions per Section C403.3.2.1 and are applicable only for the range of conditions listed there. The requirements for air-cooled, water-cooled positive displacement and absorption chillers are at standard rating conditions defined in the reference test procedure. c. Both the full-load and IPLV.IP requirements must be met or exceeded to comply with this standard. When there is a Path B, compliance can be with either Path A or Path B for any application. d. NA means the requirements are not applicable for Path B, and only Path A can be used for compliance. e. FL is the full-load performance requirements, and IPLV.IP is for the part-load performance requirements. f. This table is a replica of ASHRAE 90.1 Table 6.8.1-3 Water-Chilling Packages—Minimum Efficiency Requirements. TABLE C403.3.2(4) ELECTRICALLY OPERATED PACKAGED TERMINAL AIR CONDITIONERS, PACKAGED TERMINAL HEAT PUMPS, SINGLE-PACKAGE VERTICAL AIR CONDITIONERS, SINGLE-PACKAGE VERTICAL HEAT PUMPS, ROOM AIR CONDITIONERS AND ROOM AIR-CONDITIONER HEAT PUMPS—MINIMUM EFFICIENCY REQUIREMENTSe EQUIPMENT TYPE SIZE CATEGORY (INPUT) SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCYd TEST PROCEDUREa PTAC (cooling mode) standard size < 7,000 Btu/h 95°F db/75°F wb outdoor airc 11.9 EER AHRI 310/380 ≥ 7,000 Btu/h and ≤ 15,000 Btu/h 14.0 – (0.300 × Cap/1,000) EERd > 15,000 Btu/h 9.5 EER PTAC (cooling mode) nonstandard sizea < 7,000 Btu/h 95°F db/75°F wb outdoor airc 9.4 EER AHRI 310/380 ≥ 7,000 Btu/h and ≤ 15,000 Btu/h 10.9 – (0.213 × Cap/1,000) EERd > 15,000 Btu/h 7.7 EER PTHP (cooling mode) standard < 7,000 Btu/h 95°F db/75°F 11.9 EER AHRI 310/380 ≥ 7,000 Btu/h and ≤ 15,000 Btu/h 14.0 – (0.300 × Cap/1,000) size wb outdoor airc EERd > 15,000 Btu/h 9.5 EER PTHP (cooling mode) nonstandard sizeb < 7,000 Btu/h 95°F db/75°F wb outdoor airc 9.3 EER AHRI 310/380 ≥ 7,000 Btu/h and ≤ 15,000 Btu/h 10.8 – (0.213 × Cap/1,000) EERd > 15,000 Btu/h 7.6 EER PTHP (heating mode) standard size < 7,000 Btu/h 47°F db/43°F wb outdoor air 3.3 COPH AHRI 310/380 ≥ 7,000 Btu/h and ≤ 15,000 Btu/h 3.7 – (0.052 × Cap/1,000) COPHd > 15,000 Btu/h 2.90 COPH PTHP (heating mode) nonstandard sizeb < 7,000 Btu/h 47°F db/43°F wb outdoor air 2.7 COPH AHRI 310/380 ≥ 7,000 Btu/h and ≤ 15,000 Btu/h 2.9 – (0.026 × Cap/1000) COPH d > 15,000 Btu/h 2.5 COPH SPVAC (cooling mode) single and three phase < 65,000 Btu/h 95°F db/75°F wb outdoor airc 11.0 EER AHRI 390 ≥ 65,000 Btu/h and ≤ 135,000 Btu/h 10.0 EER ≥ 135,000 Btu/h and ≤ 240,000 Btu/h 10.0 EER SPVHP (cooling mode) < 65,000 Btu/h 95°F db/75°F wb outdoor airc 11.0 EER AHRI 390 ≥ 65,000 Btu/h and ≤ 135,000 Btu/h 10.0 EER ≥ 135,000 Btu/h and ≤ 240,000 Btu/h 10.1 EER SPVHP (heating mode) < 65,000 Btu/h 47°F db/43°F wb outdoor air 3.3 COPH AHRI 390 ≥ 65,000 Btu/h and ≤ 135,000 Btu/h 3.0 COPH ≥ 135,000 Btu/h and ≤ 240,000 Btu/h 3.0 COPH (continued) TABLE C403.3.2(4)—continued ELECTRICALLY OPERATED PACKAGED TERMINAL AIR CONDITIONERS, PACKAGED TERMINAL HEAT PUMPS, SINGLE-PACKAGE VERTICAL AIR CONDITIONERS, SINGLE-PACKAGE VERTICAL HEAT PUMPS, ROOM AIR CONDITIONERS AND ROOM AIR-CONDITIONER HEAT PUMPS—MINIMUM EFFICIENCY REQUIREMENTSe EQUIPMENT TYPE SIZE CATEGORY (INPUT) SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCYd TEST PROCEDUREa Room air conditioners < 6,000 Btu/h — 11.0 CEER ≥ 6,000 Btu/h and < 8,000 Btu/h — 11.0 CEER ≥ 8,000 Btu/h and < 14,000 Btu/h — 10.9 CEER without reverse cycle with louvered sides for applications outside US ≥ 14,000 Btu/h and < 20,000 Btu/h — 10.7 CEER ANSI/AHAM RAC-1 ≥ 20,000 Btu/h and < 28,000 Btu/h — 9.4 CEER ≥ 28,000 Btu/h — 9.0 CEER Room air conditioners without louvered sides < 6,000 Btu/h — 10.0 CEER ANSI/AHAM RAC-1 ≥ 6,000 Btu/h and < 8,000 Btu/h — 10.0 CEER ≥ 8,000 Btu/h and < 11,000 Btu/h — 9.6 CEER ≥ 11,000 Btu/h and < 14,000 Btu/h — 9.5 CEER ≥ 14,000 Btu/h and < 20,000 Btu/h — 9.3 CEER ≥ 20,000 Btu/h — 9.4 CEER Room air conditioners with reverse cycle, with louvered sides for applications outside US < 20,000 Btu/h — 9.8 CEER ANSI/AHAM RAC-1 ≥ 20,000 Btu/h — 9.3 CEER Room air conditioners with reverse cycle without louvered sides for applications outside US < 14,000 Btu/h — 9.3 CEER ANSI/AHAM RAC-1 ≥ 14,000 Btu/h — 8.7 CEER Room air conditioners, casement only for applications outside US All — 9.5 CEER ANSI/AHAM RAC-1 Room air conditioners, casement slider for applications outside US All — 10.4 CEER ANSI/AHAM RAC-1 For SI: 1 British thermal unit per hour = 0.2931 W, °C = [(°F) – 32]/1.8, wb = wet bulb, db = dry bulb. “Cap” = The rated cooling capacity of the project in Btu/h. Where the unit’s capacity is less than 7,000 Btu/h, use 7,000 Btu/h in the calculation. Where the unit’s capacity is greater than 15,000 Btu/h, use 15,000 Btu/h in the calculations. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. Nonstandard size units must be factory labeled as follows: “MANUFACTURED FOR NONSTANDARD SIZE APPLICATIONS ONLY; NOT TO BE INSTALLED IN NEW STANDARD PROJECTS.” Nonstandard size efficiencies apply only to units being installed in existing sleeves having an external wall opening of less than 16 inches (406 mm) high or less than 42 inches (1067 mm) wide and having a cross-sectional area less than 670 square inches (0.43 m2). c. The cooling-mode wet bulb temperature requirement only applies for units that reject condensate to the condenser coil. d. “Cap” in EER and COPH equations for PTACs and PTHPs means cooling capacity in Btu/h at 95°F outdoor dry-bulb temperature. e. This table is a replica of ASHRAE 90.1 Table 6.8.1-4 Electrically Operated Packaged Terminal Air Conditioners, Packaged Terminal Heat Pumps, SinglePackage Vertical Air Conditioners, Single-Package Vertical Heat Pumps, Room Air Conditioners, and Room Air-Conditioner Heat Pumps— Minimum Efficiency Requirements. TABLE C403.3.2(5) WARM-AIR FURNACES AND COMBINATION WARM-AIR FURNACES/AIR-CONDITIONING UNITS, WARM-AIR DUCT FURNACES AND UNIT HEATERS—MINIMUM EFFICIENCY REQUIREMENTSg EQUIPMENT TYPE SIZE CATEGORY (INPUT) SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Warm-air furnace, gas fired for application outside the US < 225,000 Btu/h Maximum capacityc 80% AFUE (nonweatherized) or 81% AFUE (weatherized) or 80% E b, d t DOE 10 CFR 430 Appendix N or Section 2.39, Thermal Efficiency, ANSI Z21.47 Warm-air furnace, gas fired < 225,000 Btu/h Maximum capacityc 80% E b, d t before 1/1/2023 81% E d t after 1/1/2023 Section 2.39, Thermal Efficiency, ANSI Z21.47 Warm-air furnace, oil fired for application outside the US < 225,000 Btu/h Maximum capacityc 83% AFUE (nonweatherized) or 78% AFUE (weatherized) or 80% E b, d t DOE 10 CFR 430 Appendix N or Section 42, Combustion, UL 727 Warm-air furnace, oil fired < 225,000 Btu/h Maximum capacityc 80% Et before 1/1/2023 82% E d t after 1/1/2023 Section 42, Combustion, UL 727 Electric furnaces for applications outside the US < 225,000 Btu/h All 96% AFUE DOE 10 CFR 430 Appendix N Warm-air duct furnaces, gas fired All capacities Maximum capacityc 80% Ece Section 2.10, Efficiency, ANSI Z83.8 Warm-air unit heaters, gas fired All capacities Maximum capacityc 80% Ece, f Section 2.10, Efficiency, ANSI Z83.8 Warm-air unit heaters, oil fired All capacities Maximum capacityc 80% Ece, f Section 40, Combustion, UL 731 For SI: 1 British thermal unit per hour = 0.2931 W. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. Combination units (i.e., furnaces contained within the same cabinet as an air conditioner) not covered by DOE 10 CFR 430 (i.e., three-phase power or with cooling capacity greater than or equal to 65,000 Btu/h) may comply with either rating. All other units greater than 225,000 Btu/h sold in the US must meet the AFUE standards for consumer products and test using USDOE’s AFUE test procedure at DOE 10 CFR 430, Subpart B, Appendix N. c. Compliance of multiple firing rate units shall be at the maximum firing rate. d. Et = thermal efficiency. Units must also include an interrupted or intermittent ignition device (IID), have jacket losses not exceeding 0.75 percent of the input rating, and have either power venting or a flue damper. A vent damper is an acceptable alternative to a flue damper for those furnaces where combustion air is drawn from the conditioned space. e. Ec = combustion efficiency (100 percent less flue losses). See test procedure for detailed discussion. f. Units must also include an interrupted or intermittent ignition device (IID) and have either power venting or an automatic flue damper. g. This table is a replica of ASHRAE 90.1 Table 6.8.1-5 Warm-Air Furnaces and Combination Warm-Air Furnaces/Air-Conditioning Units, Warm-Air Duct Furnaces, and Unit Heaters—Minimum Efficiency Requirements. TABLE C403.3.2(6) GASAND OIL-FIRED BOILERS—MINIMUM EFFICIENCY REQUIREMENTSi EQUIPMENT TYPEb SUBCATEGORY OR RATING CONDITION SIZE CATEGORY (INPUT) MINIMUM EFFICIENCY EFFICIENCY AS OF 3/2/2022 TEST PROCEDUREa Boilers, hot water Gas fired < 300,000 Btu/hg, h for applications outside US 82% AFUE 82% AFUE DOE 10 CFR 430 Appendix N ≥ 300,000 Btu/h and ≤ 2,500,000 Btu/he 80% E d t 80% E d t DOE 10 CFR 431.86 > 2,500,000 Btu/hb 82% Ec c 82% Ec c Oil firedf < 300,000 Btu/hg,h for applications outside US 84% AFUE 84% AFUE DOE 10 CFR 430 Appendix N ≥ 300,000 Btu/h and ≤ 2,500,000 Btu/he 82% E d t 82% E d t DOE 10 CFR 431.86 > 2,500,000 Btu/hb 84% Ec c 84% Ec c Boilers, steam Gas fired < 300,000 Btu/hg for applications outside US 80% AFUE 80% AFUE DOE 10 CFR 430 Appendix N Gas fired—all, except natural draft ≥ 300,000 Btu/h and ≤ 2,500,000 Btu/he 79% E d t 79% E d t DOE 10 CFR 431.86 > 2,500,000 Btu/hb 79% E d t 79% E d t Gas fired— natural draft ≥ 300,000 Btu/h and ≤ 2,500,000 Btu/he 77% E d t 79% E d t > 2,500,000 Btu/hb 77% E d t 79% E d t Oil firedf < 300,000 Btu/hg for applications outside US 82% AFUE 82% AFUE DOE 10 CFR 430 Appendix N ≥ 300,000 Btu/h and ≤ 2,500,000 Btu/he 81% E d t 81% E d t DOE 10 CFR 431.86 > 2,500,000 Btu/hb d 81% Et d 81% Et For SI: 1 British thermal unit per hour = 0.2931 W. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. These requirements apply to boilers with rated input of 8,000,000 Btu/h or less that are not packaged boilers and to all packaged boilers. Minimum efficiency requirements for boilers cover all capacities of packaged boilers. c. Ec = Combustion efficiency (100 percent less flue losses). d. Et = Thermal efficiency. e. Maximum capacity—minimum and maximum ratings as provided for and allowed by the unit’s controls. f. Includes oil-fired (residual). g. Boilers shall not be equipped with a constant burning pilot light. h. A boiler not equipped with a tankless domestic water-heating coil shall be equipped with an automatic means for adjusting the temperature of the water such that an incremental change in inferred heat load produces a corresponding incremental change in the temperature of the water supplied. i. This table is a replica of ASHRAE 90.1 Table 6.8.1-6 Gas and Oil-Fired Boilers—Minimum Efficiency Requirements. TABLE C403.3.2(7) PERFORMANCE REQUIREMENTS FOR HEAT REJECTION EQUIPMENT—MINIMUM EFFICIENCY REQUIREMENTSi EQUIPMENT TYPE TOTAL SYSTEM HEATREJECTION CAPACITY AT RATED CONDITIONS SUBCATEGORY OR RATING CONDITIONh PERFORMANCE REQUIREDb, c, d, f, g TEST PROCEDUREa, e Propeller or axial fan open-circuit cooling towers All 95°F entering water 85°F leaving water 75°F entering wb ≥ 40.2 gpm/hp CTI ATC-105 and CTI STD-201 RS Centrifugal fan opencircuit cooling towers All 95°F entering water 85°F leaving water 75°F entering wb ≥ 20.0 gpm/hp CTI ATC-105 and CTI STD-201 RS Propeller or axial fan closed-circuit cooling towers All 102°F entering water 90°F leaving water 75°F entering wb ≥ 16.1 gpm/hp CTI ATC-105S and CTI STD-201 RS Centrifugal fan closedcircuit cooling towers All 102°F entering water 90°F leaving water 75°F entering wb ≥ 7.0 gpm/hp CTI ATC-105S and CTI STD-201 RS Propeller or axial fan dry coolers (air-cooled fluid coolers) All 115°F entering water 105°F leaving water 95°F entering wb ≥ 4.5 gpm/hp CTI ATC-105DS Propeller or axial fan evaporative condensers All R-448A test fluid 165°F entering gas temperature 105°F condensing temperature 75°F entering wb ≥ 160,000 Btu/h × hp CTI ATC-106 Propeller or axial fan evaporative condensers All Ammonia test fluid 140°F entering gas temperature 96.3°F condensing temperature 75°F entering wb ≥ 134,000 Btu/h × hp CTI ATC-106 Centrifugal fan evaporative condensers All R-448A test fluid 165°F entering gas temperature 105°F condensing temperature 75°F entering wb ≥ 137,000 Btu/h × hp CTI ATC-106 Centrifugal fan evaporative condensers All Ammonia test fluid 140°F entering gas temperature 96.3°F condensing temperature 75°F entering wb ≥ 110,000 Btu/h × hp CTI ATC-106 Air-cooled condensers All 125°F condensing temperature 190°F entering gas temperature 15°F subcooling 95°F entering db ≥ 176,000 Btu/h × hp AHRI 460 For SI: °C = [(°F) – 32]/1.8, L/s × kW = (gpm/hp)/(11.83), COP = (Btu/h × hp)/(2550.7), db = dry bulb temperature, wb = wet bulb temperature. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. For purposes of this table, open-circuit cooling tower performance is defined as the water-flow rating of the tower at the thermal rating condition listed in the table divided by the fan motor nameplate power. c. For purposes of this table, closed-circuit cooling tower performance is defined as the process water-flow rating of the tower at the thermal rating condition listed in the table divided by the sum of the fan motor nameplate power and the integral spray pump motor nameplate power. d. For purposes of this table, dry-cooler performance is defined as the process water-flow rating of the unit at the thermal rating condition listed in the table divided by the total fan motor nameplate power of the unit, and air-cooled condenser performance is defined as the heat rejected from the refrigerant divided by the total fan motor nameplate power of the unit. e. The efficiencies and test procedures for both open- and closed-circuit cooling towers are not applicable to hybrid cooling towers that contain a combination of separate wet and dry heat exchange sections. The certification requirements do not apply to field-erected cooling towers. f. All cooling towers shall comply with the minimum efficiency listed in the table for that specific type of tower with the capacity effect of any project specific accessories and/or options included in the capacity of the cooling tower. g. For purposes of this table, evaporative condenser performance is defined as the heat rejected at the specified rating condition in the table, divided by the sum of the fan motor nameplate power and the integral spray pump nameplate power. h. Requirements for evaporative condensers are listed with ammonia (R-717) and R-448A as test fluids in the table. Evaporative condensers intended for use with halocarbon refrigerants other than R-448A must meet the minimum efficiency requirements listed with R-448A as the test fluid. For ammonia, the condensing temperature is defined as the saturation temperature corresponding to the refrigerant pressure at the condenser entrance. For R-448A, which is a zeotropic refrigerant, the condensing temperature is defined as the arithmetic average of the dew point and the bubble point temperatures corresponding to the refrigerant pressure at the condenser entrance. i. This table is a replica of ASHRAE 90.1 Table 6.8.1-7 Performance Requirements for Heat Rejection Equipment—Minimum Efficiency Requirements. TABLE C403.3.2(8) ELECTRICALLY OPERATED VARIABLE-REFRIGERANT-FLOW AIR CONDITIONERS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE SIZE CATEGORY HEATING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa VRF air conditioners, air cooled < 65,000 Btu/h All VRF multisplit system 13.0 SEER AHRI 1230 ≥ 65,000 Btu/h and < 135,000 Btu/h Electric resistance (or none) VRF multisplit system 11.2 EER 13.1 IEER 15.5 IEER ≥ 135,000 Btu/h and < 240,000 Btu/h Electric resistance (or none) VRF multisplit system 11.0 EER 12.9 IEER 14.9 IEER ≥ 240,000 Btu/h Electric resistance (or none) VRF multisplit system 10.0 EER 11.6 IEER 13.9 IEER For SI: 1 British thermal unit per hour = 0.2931 W. a. Chapter 6 contains a complete specification of the referenced standard, which include test procedures, including the reference year version of the test procedure. b. This table is a replica of ASHRAE 90.1 Table 6.8.1-8 Electrically Operated Variable-Refrigerant-Flow Air Conditioners—Minimum Efficiency Requirements. TABLE C403.3.2(9) ELECTRICALLY OPERATED VARIABLE-REFRIGERANT-FLOW AND APPLIED HEAT PUMPS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE SIZE CATEGORY HEATING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa < 65,000 Btu/h All VRF multisplit system 13.0 SEER ≥ 65,000 Btu/h and 11.0 EER 12.9 IEER 14.6 IEER VRF air cooled (cooling mode) < 135,000 Btu/h Electric resistance (or none) VRF multisplit system with heat recovery 10.8 EER 12.7 IEER 14.4 IEER AHRI 1230 ≥ 135,000 Btu/h and < 240,000 Btu/h VRF multisplit system 10.6 EER 12.3 IEER 13.9 IEER VRF multisplit system with heat recovery 10.4 EER 12.1 IEER 13.7 IEER ≥ 240,000 Btu/h VRF multisplit system 9.5 EER 11.0 IEER 12.7 IEER VRF multisplit system with heat recovery 9.3 EER 10.8 IEER 12.5 IEER VRF water source (cooling mode) < 65,000 Btu/h All VRF multisplit systems 86°F entering water 12.0 EER 16.0 IEER AHRI 1230 VRF multisplit systems with heat recovery 86°F entering water 11.8 EER 15.8 IEER ≥ 65,000 Btu/h and < 135,000 Btu/h VRF multisplit system 86°F entering water 12.0 EER 16.0 IEER VRF multisplit system with heat recovery 86°F entering water 11.8 EER 15.8 IEER ≥ 135,000 Btu/h and < 240,000 Btu/h VRF multisplit system 86°F entering water 10.0 EER 14.0 IEER VRF multisplit system with heat recovery 86°F entering water 9.8 EER 13.8 IEER ≥ 240,000 Btu/h VRF multisplit system 86°F entering water 10.0 EER 12.0 IEER VRF multisplit system with heat recovery 86°F entering water 9.8 EER 11.8 IEER VRF groundwater source (cooling mode) < 135,000 Btu/h All VRF multisplit system 59°F entering water 16.2 EER AHRI 1230 VRF multisplit system with heat recovery 59°F entering water 16.0 EER ≥ 135,000 Btu/h VRF multisplit system 59°F entering water 13.8 EER VRF multisplit system with heat recovery 59°F entering water 13.6 EER (continued) TABLE C403.3.2(9)—continued ELECTRICALLY OPERATED VARIABLE-REFRIGERANT-FLOW AND APPLIED HEAT PUMPS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE SIZE CATEGORY HEATING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa VRF ground source (cooling mode) < 135,000 Btu/h All VRF multisplit system 77°F entering water 13.4 EER AHRI 1230 VRF multisplit system with heat recovery 77°F entering water 13.2 EER ≥ 135,000 Btu/h VRF multisplit system 77°F entering water 11.0 EER VRF multisplit system with heat recovery 77°F entering water 10.8 EER VRF air cooled (heating mode) < 65,000 Btu/h (cooling capacity) VRF multisplit system 7.7 HSPF AHRI 1230 ≥ 65,000 Btu/h and < 135,000 Btu/h (cooling capacity) VRF multisplit system 47°F db/43°F wb outdoor air 3.3 COPH 17°F db/15°F wb outdoor air 2.25 COPH ≥ 135,000 Btu/h (cooling capacity) VRF multisplit system 47°F db/43°F wb outdoor air 3.2 COPH 17°F db/15°F wb outdoor air 2.05 COPH VRF water source (heating mode) < 65,000 Btu/h (cooling capacity) VRF multisplit system 68°F entering water 4.2 COPH 4.3 COPH AHRI 1230 ≥ 65,000 Btu/h and < 135,000 Btu/h (cooling capacity) VRF multisplit system 68°F entering water 4.2 COPH 4.3 COPH ≥ 135,000 Btu/h and < 240,000 Btu/h (cooling capacity) VRF multisplit system 68°F entering water 3.9 COPH 4.0 COPH ≥ 240,000 Btu/h (cooling capacity) VRF multisplit system 68°F entering water 3.9 COPH VRF groundwater source (heating mode) < 135,000 Btu/h (cooling capacity) VRF multisplit system 50°F entering water 3.6 COPH AHRI 1230 ≥ 135,000 Btu/h (cooling capacity) VRF multisplit system 50°F entering water 3.3 COPH VRF ground source (heating mode) < 135,000 Btu/h (cooling capacity) VRF multisplit system 32°F entering water 3.1 COPH AHRI 1230 ≥ 135,000 Btu/h (cooling capacity) VRF multisplit system 32°F entering water 2.8 COPH For SI: °C = [(°F) – 32]/1.8, 1 British thermal unit per hour = 0.2931 W, db = dry bulb temperature, wb = wet bulb temperature. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. This table is a replica of ASHRAE 90.1 Table 6.8.1-9 Electrically Operated Variable-Refrigerant-Flow and Applied Heat Pumps—Minimum Efficiency Requirements. TABLE C403.3.2(10) FLOOR-MOUNTED AIR CONDITIONERS AND CONDENSING UNITS SERVING COMPUTER ROOMS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE STANDARD MODEL NET SENSIBLE COOLING CAPACITY MINIMUM NET SENSIBLE COP RATING CONDITIONS RETURN AIR (dry bulb/dew point) TEST PROCEDUREa Air cooled Downflow < 80,000 Btu/h 2.70 85°F/52°F (Class 2) AHRI 1360 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.58 ≥ 295,000 Btu/h 2.36 Upflow—ducted < 80,000 Btu/h 2.67 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.55 ≥ 295,000 Btu/h 2.33 Upflow— nonducted < 65,000 Btu/h 2.16 75°F/52°F (Class 1) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.04 ≥ 240,000 Btu/h 1.89 Horizontal < 65,000 Btu/h 2.65 95°F/52°F (Class 3) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.55 ≥ 240,000 Btu/h 2.47 Air cooled with fluid economizer Downflow < 80,000 Btu/h 2.70 85°F/52°F (Class 1) AHRI 1360 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.58 ≥ 295,000 Btu/h 2.36 Upflow—ducted < 80,000 Btu/h 2.67 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.55 ≥ 295,000 Btu/h 2.33 Upflow— nonducted < 65,000 Btu/h 2.09 75°F/52°F (Class 1) ≥ 65,000 Btu/h and < 240,000 Btu/h 1.99 ≥ 240,000 Btu/h 1.81 < 65,000 Btu/h 2.65 Horizontal ≥ 65,000 Btu/h and < 240,000 Btu/h 2.55 95°F/52°F (Class 3) ≥ 240,000 Btu/h 2.47 Water cooled Downflow < 80,000 Btu/h 2.82 85°F/52°F (Class 1) AHRI 1360 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.73 ≥ 295,000 Btu/h 2.67 Upflow—ducted < 80,000 Btu/h 2.79 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.70 ≥ 295,000 Btu/h 2.64 Upflow— nonducted < 65,000 Btu/h 2.43 75°F/52°F (Class 1) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.32 ≥ 240,000 Btu/h 2.20 Horizontal < 65,000 Btu/h 2.79 95°F/52°F (Class 3) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.68 ≥ 240,000 Btu/h 2.60 (continued) TABLE C403.3.2(10)—continued FLOOR-MOUNTED AIR CONDITIONERS AND CONDENSING UNITS SERVING COMPUTER ROOMS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE STANDARD MODEL NET SENSIBLE COOLING CAPACITY MINIMUM NET SENSIBLE COP RATING CONDITIONS RETURN AIR (dry bulb/dew point) TEST PROCEDUREa Water cooled with fluid economizer Downflow < 80,000 Btu/h 2.77 85°F/52°F (Class 1) AHRI 1360 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.68 ≥ 295,000 Btu/h 2.61 Upflow—ducted < 80,000 Btu/h 2.74 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.65 ≥ 295,000 Btu/h 2.58 Upflow— nonducted < 65,000 Btu/h 2.35 75°F/52°F (Class 1) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.24 ≥ 240,000 Btu/h 2.12 Horizontal < 65,000 Btu/h 2.71 95°F/52°F (Class 3) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.60 ≥ 240,000 Btu/h 2.54 Downflow < 80,000 Btu/h 2.56 85°F/52°F (Class ≥ 80,000 Btu/h and < 295,000 Btu/h 2.24 ≥ 295,000 Btu/h 2.21 < 80,000 Btu/h 2.53 Glycol cooled Upflow—ducted ≥ 80,000 Btu/h and < 295,000 Btu/h 2.21 1) AHRI 1360 ≥ 295,000 Btu/h 2.18 Upflow, nonducte d < 65,000 Btu/h 2.08 75°F/52°F (Class 1) ≥ 65,000 Btu/h and < 240,000 Btu/h 1.90 ≥ 240,000 Btu/h 1.81 Horizontal < 65,000 Btu/h 2.48 95°F/52°F (Class 3) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.18 ≥ 240,000 Btu/h 2.18 Glycol cooled with fluid economizer Downflow < 80,000 Btu/h 2.51 85°F/52°F (Class 1) AHRI 1360 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.19 ≥ 295,000 Btu/h 2.15 Upflow—ducted < 80,000 Btu/h 2.48 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.16 ≥ 295,000 Btu/h 2.12 Upflow— nonducted < 65,000 Btu/h 2.00 75°F/52°F (Class 1) ≥ 65,000 Btu/h and < 240,000 Btu/h 1.82 ≥ 240,000 Btu/h 1.73 Horizontal < 65,000 Btu/h 2.44 95°F/52°F (Class 3) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.10 ≥ 240,000 Btu/h 2.10 For SI: 1 British thermal unit per hour = 0.2931 W, °C = [(°F) – 32]/1.8, COP = (Btu/h × hp)/(2,550.7). a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. This table is a replica of ASHRAE 90.1 Table 6.8.1-10 Floor-Mounted Air Conditioners and Condensing Units Serving Computer Rooms—Minimum Efficiency Requirements. TABLE C403.3.2(11) VAPOR-COMPRESSION-BASED INDOOR POOL DEHUMIDIFIERS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Single package indoor (with or without economizer) Rating Conditions: A or C 3.5 MRE AHRI 910 Single package indoor water cooled (with or without economizer) Rating Conditions: A, B or C 3.5 MRE Single package indoor air cooled (with or without economizer) Rating Conditions: A, B or C 3.5 MRE Split system indoor air cooled (with or without economizer) Rating Conditions: A, B or C 3.5 MRE a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. This table is a replica of ASHRAE 90.1 Table 6.8.1-12 Vapor-Compression-Based Indoor Pool Dehumidifiers—Minimum Efficiency Requirements. TABLE C403.3.2(12) ELECTRICALLY OPERATED DX-DOAS UNITS, SINGLE-PACKAGE AND REMOTE CONDENSER, WITHOUT ENERGY RECOVERY—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Air cooled (dehumidification mode) — 4.0 ISMRE AHRI 920 Air-source heat pumps (dehumidification mode) — 4.0 ISMRE AHRI 920 Water cooled (dehumidification mode) Cooling tower condenser water 4.9 ISMRE AHRI 920 Chilled water 6.0 ISMRE Air-source heat pump (heating mode) — 2.7 ISCOP AHRI 920 Water-source heat pump (dehumidification mode) Ground source, closed loop 4.8 ISMRE AHRI 920 Ground-water source 5.0 ISMRE Water source 4.0 ISMRE Water-source heat pump (heating mode) Ground source, closed loop 2.0 ISCOP AHRI 920 Ground-water source 3.2 ISCOP Water source 3.5 ISCOP a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. This table is a replica of ASHRAE 90.1 Table 6.8.1-13 Electrically Operated DX-DOAS Units, Single-Package and Remote Condenser, without Energy Recovery—Minimum Efficiency Requirements. TABLE C403.3.2(13) ELECTRICALLY OPERATED DX-DOAS UNITS, SINGLE-PACKAGE AND REMOTE CONDENSER, WITH ENERGY RECOVERY—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Air cooled (dehumidification mode) — 5.2 ISMRE AHRI 920 Air-source heat pumps (dehumidification mode) — 5.2 ISMRE AHRI 920 Water cooled (dehumidification mode) Cooling tower condenser water 5.3 ISMRE AHRI 920 Chilled water 6.6 ISMRE Air-source heat pump (heating mode) — 3.3 ISCOP AHRI 920 Water-source heat pump (dehumidification mode) Ground source, closed loop 5.2 ISMRE AHRI 920 Ground-water source 5.8 ISMRE Water source 4.8 ISMRE Water-source heat pump (heating mode) Ground source, closed loop 3.8 ISCOP AHRI 920 Ground-water source 4.0 ISCOP Water source 4.8 ISCOP a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. This table is a replica of ASHRAE 90.1 Table 6.8.1-14 Electrically Operated DX-DOAS Units, Single-Package and Remote Condenser, with Energy Recovery— Minimum Efficiency Requirements. TABLE C403.3.2(14) ELECTRICALLY OPERATED WATER-SOURCE HEAT PUMPS—MINIMUM EFFICIENCY REQUIREMENTSc EQUIPMENT TYPE SIZE CATEGORYb HEATING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Water-to-air, water loop (cooling mode) < 17,000 Btu/h All 86°F entering water 12.2 EER ISO 13256-1 ≥ 17,000 Btu/h and < 65,000 Btu/h 13.0 EER ≥ 65,000 Btu/h and < 135,000 Btu/h 13.0 EER Water-to-air, ground water (cooling mode) < 135,000 Btu/h All 59°F entering water 18.0 EER ISO 13256-1 Brine-to-air, ground loop (cooling mode) < 135,000 Btu/h All 77°F entering water 14.1 EER ISO 13256-1 Water-to-water, water loop (cooling mode) < 135,000 Btu/h All 86°F entering water 10.6 EER ISO 13256-2 Water-to-water, ground water (cooling mode) < 135,000 Btu/h All 59°F entering water 16.3 EER ISO 13256-2 Brine-to-water, ground loop (cooling mode) < 135,000 Btu/h All 77°F entering water 12.1 EER ISO 13256-2 Water-to-water, water loop (heating mode) < 135,000 Btu/h (cooling capacity) — 68°F entering water 4.3 COPH ISO 13256-1 Water-to-air, ground water (heating mode) < 135,000 Btu/h (cooling capacity) — 50°F entering water 3.7 COPH ISO 13256-1 Brine-to-air, ground loop (heating mode) < 135,000 Btu/h (cooling capacity) — 32°F entering water 3.2 COPH ISO 13256-1 Water-to-water, water loop (heating mode) < 135,000 Btu/h (cooling capacity) — 68°F entering water 3.7 COPH ISO 13256-1 Water-to-water, ground water (heating mode) < 135,000 Btu/h (cooling capacity) — 50°F entering water 3.1 COPH ISO 13256-2 Brine-to-water, ground loop (heating mode) < 135,000 Btu/h (cooling capacity) — 32°F entering water 2.5 COPH ISO 13256-2 For SI: 1 British thermal unit per hour = 0.2931 W, °C = [(°F) – 32]/1.8. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. Single-phase, US air-cooled heat pumps less than 19 kW are regulated as consumer products by DOE 10 CFR 430. SCOPC, SCOP2C, SCOPH and SCOP2H values for single-phase products are set by the USDOE. c. This table is a replica of ASHRAE 90.1 Table 6.8.1-15 Electrically Operated Water-Source Heat Pumps—Minimum Efficiency Requirements. TABLE C403.3.2(15) HEAT-PUMP AND HEAT RECOVERY CHILLER PACKAGES—MINIMUM EFFICIENCY REQUIREMENTSg HEATING OPERATION EQUIPMEN T TYPE SIZE CATEGORY, tonR COOLING-ONLY OPERATION COOLING EFFICIENCYc AIR- SOURCE EER (FL/IPLV), Btu/W × h WATER-SOURCE POWER INPUT PER CAPACITY (FL/IPLV), kW/tonR HEATING SOURCE CONDITION S (entering/ leaving water) OR OAT (db/wb), °F HEAT-PUMP HEATING FULL-LOAD EFFICIENCY (COPH)b, W/W HEAT RECOVERY CHILLER FULLLOAD EFFICIENCY (COPHR)c,d, W/W SIMULTANEOUS COOLING AND HEATING FULL-LOAD EFFICIENCY (COPSHC)c, W/W Test Procedure Leaving Heating Water Temperature Leaving Heating Water Temperature Low Medium High Boost Low Medium High Bo ost Path A Path B 105°F 120°F 140°F 140°F 105°F 120°F 140°F 140 °F Air source All sizes ≥ 9.595 FL ≥ 13.02 IPLV.IP ≥ 9.215 FL ≥ 15.01 IPLV.IP 47 db 43 wbe ≥ 3.290 ≥ 2.770 ≥ 2.310 NA NA NA NA NA AHRI 550/59 0 ≥ 9.595 FL ≥ 13.30 IPLV.IP ≥ 9.215 FL ≥ 15.30 IPLV.IP 17 db 15 wbe ≥ 2.230 ≥ 1.950 ≥ 1.630 NA NA NA NA NA < 75 ≤ 0.7885 FL ≤ 0.7875 FL 54/44f ≥ 4.640 ≥ 3.680 ≥ 2.680 NA ≥ 8.330 ≥ 6.410 ≥ 4.420 NA Water- source electrically operated positive displaceme nt ≤ 0.6316 IPLV.IP ≤ 0.5145 IPLV.IP 75/65f NA NA NA ≥ 3.550 NA NA NA 6.1 50 AHRI 550/59 0 ≥ 75 and < 150 ≤ 0.7579 FL ≤ 0.5895 IPLV.IP ≤ 0.7140 FL ≤ 0.4620 IPLV.IP 54/44f ≥ 4.640 ≥ 3.680 ≥ 2.680 NA ≥ 8.330 ≥ 6.410 ≥ 4.420 NA 75/65f NA NA NA ≥ 3.550 NA NA NA 6.1 50 ≥ 150 and < 300 ≤ 0.6947 FL ≤ 0.5684 IPLV.IP ≤ 0.7140 FL ≤ 0.4620 IPLV.IP 54/44f ≥ 4.640 ≥ 3.680 ≥ 2.680 NA ≥ 8.330 ≥ 6.410 ≥ 4.420 NA 75/65f NA NA NA ≥ 3.550 NA NA NA 6.1 50 ≥ 300 and < 600 ≤ 0.6421 FL ≤ 0.5474 IPLV.IP ≤ 0.6563 FL ≤ 0.4305 IPLV.IP 54/44f ≥ 4.930 ≥ 3.960 ≥ 2.970 NA ≥ 8.900 ≥ 6.980 ≥ 5.000 NA 75/65f NA NA NA ≥ 3.900 NA NA NA 6.8 50 ≥ 600 ≤ 0.5895 FL ≤ 0.5263 IPLV.IP ≤ 0.6143 FL ≤ 0.3990 IPLV.IP 54/44f ≥ 4.930 ≥ 3.960 ≥ 2.970 NA ≥ 8.900 ≥ 6.980 ≥ 5.000 NA 75/65f NA NA NA ≥ 3.900 NA NA NA 6.8 50 ter-source ectrically operated entrifugal < 75 ≤ 0.6421 FL ≤ 0.5789 IPLV.IP ≤ 0.7316 FL ≤ 0.4632 IPLV.IP 54/44f ≥ 4.640 ≥ 3.680 ≥ 2.680 NA ≥ 8.330 ≥ 6.410 ≥ 4.420 NA AHRI 550/59 0 75/65f NA NA NA ≥ 3.550 NA NA NA ≥ 6.1 50 ≥ 75 and < 150 ≤ 0.5895 FL ≤ 0.5474 IPLV.IP ≤ 0.6684 FL ≤ 0.4211 IPLV.IP 54/44f ≥ 4.640 ≥ 3.680 ≥ 2.680 NA ≥ 8.330 ≥ 6.410 ≥ 4.420 NA 75/65f NA NA NA ≥ 3.550 NA NA NA ≥ 6.1 50 ≥ 150 and < 300 ≤ 0.5895 FL ≤ 0.5263 IPLV.IP ≤ 0.6263 FL ≤ 0.4105 IPLV.IP 54/44f ≥ 4.640 ≥ 3.680 ≥ 2.680 NA ≥ 8.330 ≥ 6.410 ≥ 4.420 NA 75/65f NA NA NA ≥ 3.550 NA NA NA ≥ 6.1 50 ≥ 300 and < 600 ≤ 0.5895 FL ≤ 0.5263 IPLV.IP ≤ 0.6158 FL ≤ 0.4000 IPLV.IP 54/44f ≥ 4.930 ≥ 3.960 ≥ 2.970 NA ≥ 8.900 ≥ 6.980 ≥ 5.000 NA 75/65f NA NA NA ≥ 3.900 NA NA NA ≥ 6.8 50 ≥ 600 ≤ 0.5895 FL ≤ 0.5263 IPLV.IP ≤ 0.6158 FL ≤ 0.4000 IPLV.IP 54/44f ≥ 4.930 ≥ 3.960 ≥ 2.970 NA ≥ 8.900 ≥ 6.980 ≥ 5.000 NA 75/65f NA NA NA ≥ 3.900 NA NA NA ≥ 6.8 50 For SI: °C = [(°F) – 32]/1.8. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. Cooling-only rating conditions are standard rating conditions defined in AHRI 550/590, Table 1. c. Heating full-load rating conditions are at rating conditions defined in AHRI 550/590, Table 1. d. For water-cooled heat recovery chillers that have capabilities for heat rejection to a heat recovery condenser and a tower condenser, the COPHR applies to operation at full load with 100 percent heat recovery (no tower rejection). Units that only have capabilities for partial heat recovery shall meet the requirements of Table C403.3.2(3). e. Outdoor air entering dry-bulb (db) temperature and wet-bulb (wb) temperature. f. Source-water entering and leaving water temperature. g. This table is a replica of ASHRAE 90.1 Table 6.8.1-16 Heat-Pump and Heat Recovery Chiller Packages—Minimum Efficiency Requirements. TABLE C403.3.2(16) CEILING-MOUNTED COMPUTER-ROOM AIR CONDITIONERS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE STANDARD MODEL NET SENSIBLE COOLING CAPACITY MINIMUM NET SENSIBLE COP RATING CONDITIONS RETURN AIR (dry bulb/dew point) TEST PROCEDUREa Ducted < 29,000 Btu/h 2.05 ≥ 29,000 Btu/h and < 65,000 Btu/h 2.02 Air cooled with free air discharge condenser ≥ 65,000 Btu/h 1.92 75°F/52°F (Class 1) AHRI 1360 Nonducted < 29,000 Btu/h 2.08 ≥ 29,000 Btu/h and < 65,000 Btu/h 2.05 ≥ 65,000 Btu/h 1.94 Air cooled with free air discharge condenser with fluid economizer Ducted < 29,000 Btu/h 2.01 75°F/52°F (Class 1) AHRI 1360 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.97 ≥ 65,000 Btu/h 1.87 Nonducted < 29,000 Btu/h 2.04 ≥ 29,000 Btu/h and < 65,000 Btu/h 2.00 ≥ 65,000 Btu/h 1.89 Air cooled with ducted condenser Ducted < 29,000 Btu/h 1.86 75°F/52°F (Class 1) AHRI 1360 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.83 ≥ 65,000 Btu/h 1.73 Nonducted < 29,000 Btu/h 1.89 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.86 ≥ 65,000 Btu/h 1.75 Air cooled with fluid economizer and ducted condenser Ducted < 29,000 Btu/h 1.82 75°F/52°F (Class 1) AHRI 1360 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.78 ≥ 65,000 Btu/h 1.68 Nonducted < 29,000 Btu/h 1.85 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.81 ≥ 65,000 Btu/h 1.70 Water cooled Ducted < 29,000 Btu/h 2.38 75°F/52°F (Class 1) AHRI 1360 ≥ 29,000 Btu/h and < 65,000 Btu/h 2.28 ≥ 65,000 Btu/h 2.18 Nonducted < 29,000 Btu/h 2.41 ≥ 29,000 Btu/h and < 65,000 Btu/h 2.31 ≥ 65,000 Btu/h 2.20 (continued) TABLE C403.3.2(16)—continued CEILING-MOUNTED COMPUTER-ROOM AIR CONDITIONERS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE STANDARD MODEL NET SENSIBLE COOLING CAPACITY MINIMUM NET SENSIBLE COP RATING CONDITIONS RETURN AIR (dry bulb/dew point) TEST PROCEDUREa Ducted < 29,000 Btu/h 2.33 ≥ 29,000 Btu/h and < 65,000 Btu/h 2.23 Water cooled with fluid economizer ≥ 65,000 Btu/h 2.13 75°F/52°F (Class 1) AHRI 1360 Nonducted < 29,000 Btu/h 2.36 ≥ 29,000 Btu/h and < 65,000 Btu/h 2.26 ≥ 65,000 Btu/h 2.16 Glycol cooled Ducted < 29,000 Btu/h 1.97 75°F/52°F (Class 1) AHRI 1360 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.93 ≥ 65,000 Btu/h 1.78 Nonducted < 29,000 Btu/h 2.00 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.98 ≥ 65,000 Btu/h 1.81 Glycol cooled with fluid economizer Ducted < 29,000 Btu/h 1.92 75°F/52°F (Class 1) AHRI 1360 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.88 ≥ 65,000 Btu/h 1.73 Nonducted < 29,000 Btu/h 1.95 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.93 ≥ 65,000 Btu/h 1.76 For SI: 1 British thermal unit per hour = 0.2931 W, °C = [(°F) – 32]/1.8, COP = (Btu/h × hp)/(2,550.7). a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. This is a replica of ASHRAE 90.1 Table 6.8.1-17 Ceiling-Mounted Computer-Room Air Conditioners—Minimum Efficiency Requirements TABLE C403.3.3 MAXIMUM HOT GAS BYPASS CAPACITY RATED CAPACITY MAXIMUM HOT GAS BYPASS CAPACITY (% of total capacity) ≤ 240,000 Btu/h 50 > 240,000 Btu/h 25 For SI: 1 British thermal unit per hour = 0.2931 W. C403.3.4 Boiler turndown. Boiler systems with design input of greater than 1,000,000 Btu/h (293 kW) shall comply with the turndown ratio specified in Table C403.3.4. The system turndown requirement shall be met through the use of multiple single- input boilers, one or more modulating boilers or a combination of single-input and modulating boilers. TABLE C403.3.4 BOILER TURNDOWN BOILER SYSTEM DESIGN INPUT (Btu/h) MINIMUM TURNDOWN RATIO ≥ 1,000,000 and ≤ 5,000,000 3 to 1 > 5,000,000 and ≤ 10,000,000 4 to 1 > 10,000,000 5 to 1 For SI: 1 British thermal unit per hour = 0.2931 W. C403.4 Heating and cooling system controls. Each heating and cooling system shall be provided with controls in accordance with Sections C403.4.1 through C403.4.5. C403.4.1 Thermostatic controls. The supply of heating and cooling energy to each zone shall be controlled by individual thermostatic controls capable of responding to temperature within the zone. Where humidification or dehumidification or both is provided, not fewer than one humidity control device shall be provided for each humidity control system. Exception: Independent perimeter systems that are designed to offset only building envelope heat losses, gains or both serving one or more perimeter zones also served by an interior system provided that both of the following conditions are met: 1. The perimeter system includes not fewer than one thermostatic control zone for each building exposure having exterior walls facing only one orientation (within ±45 degrees) (0.8 rad) for more than 50 contiguous feet (15 240 mm). 2. The perimeter system heating and cooling supply is controlled by thermostats located within the zones served by the system. 1. C403.4.1.1 Heat pump supplementary heat. Heat pumps having combustion equipment or electric resistance equipment for supplementary space heating shall have controls that are configured to prevent supplemental heat operation when the capacity of the heat pump compressor can meet the heating load and limit supplemental heat operation to only those times when one of the following applies:For space heating systems, the vapor compression cycle cannot provide the necessary heating energy to satisfy the thermostat setting. Exception: For forced-air systems, the vapor compression cycle cannot provide a supply air temperature of 85°F or greater 2. The heat pump is operating in defrost mode. 3. The vapor compression cycle malfunctions. 4. For space heating systems, the thermostat malfunctions. C403.4.1.2 Deadband. Where used to control both heating and cooling, zone thermostatic controls shall be configured to provide a temperature range or deadband of not less than 5°F (2.8°C) within which the supply of heating and cooling energy to the zone is shut off or reduced to a minimum. Exceptions: 1. Thermostats requiring manual changeover between heating and cooling modes. 2. Occupancies or applications requiring precision in indoor temperature control as approved by the code official. C403.4.1.3 Setpoint overlap restriction. Where a zone has a separate heating and a separate cooling thermostatic control located within the zone, a limit switch, mechanical stop or direct digital control system with software programming shall be configured to prevent the heating setpoint from exceeding the cooling setpoint and to maintain a deadband in accordance with Section C403.4.1.2. C403.4.1.4 Heated or cooled vestibules. The heating system for heated vestibules and air curtains with integral heating shall be provided with controls configured to shut off the source of heating when the outdoor air temperature is greater than 45°F (7°C). Vestibule heating and cooling systems shall be controlled by a thermostat located in the vestibule configured to limit heating to a temperature not greater than 60°F (16°C) and cooling to a temperature not less than 85°F (29°C). Exception: Control of heating or cooling provided by site-recovered energy or transfer air that would otherwise be exhausted. C403.4.1.5 Hot water boiler outdoor temperature setback control. Hot water boilers that supply heat to the building through one- or two-pipe heating systems shall have an outdoor setback control that lowers the boiler water temperature based on the outdoor temperature. C403.4.2 Off-hour controls. Each zone shall be provided with thermostatic setback controls that are controlled by either an automatic time clock or programmable control system. Exceptions: 1. Zones that will be operated continuously. 2. Zones with a full HVAC load demand not exceeding 6,800 Btu/h (2 kW) and having a manual shutoff switch located with ready access. C403.4.2.1 Thermostatic setback. Thermostatic setback controls shall be configured to set back or temporarily operate the system to maintain zone temperatures down to 55°F (13°C) or up to 85°F (29°C). C403.4.2.2 Automatic setback and shutdown. Automatic time clock or programmable controls shall be capable of starting and stopping the system for seven different daily schedules per week and retaining their programming and time setting during a loss of power for not fewer than 10 hours. Additionally, the controls shall have a manual override that allows temporary operation of the system for up to 2 hours; a manually operated timer configured to operate the system for up to 2 hours; or an occupancy sensor. C403.4.2.3 Automatic start and stop. Automatic start and stop controls shall be provided for each HVAC system. The automatic start controls shall be configured to automatically adjust the daily start time of the HVAC system in order to bring each space to the desired occupied temperature immediately prior to scheduled occupancy. Automatic stop controls shall be provided for each HVAC system with direct digital control of individual zones. The automatic stop controls shall be configured to reduce the HVAC system’s heating temperature setpoint and increase the cooling temperature setpoint by not less than 2°F (-16.6ºC) before scheduled unoccupied periods based on the thermal lag and acceptable drift in space temperature that is within comfort limits. C403.4.3 Hydronic systems controls. The heating of fluids that have been previously mechanically cooled and the cooling of fluids that have been previously mechanically heated shall be limited in accordance with Sections C403.4.3.1 through C403.4.3.3. Hydronic heating systems comprised of multiple-packaged boilers and designed to deliver conditioned water or steam into a common distribution system shall include automatic controls configured to sequence operation of the boilers. Hydronic heating systems composed of a single boiler and greater than 500,000 Btu/h (146.5 kW) input design capacity shall include either a multistaged or modulating burner. C403.4.3.1 Three-pipe system. Hydronic systems that use a common return system for both hot water and chilled water are prohibited. C403.4.3.2 Two-pipe changeover system. Systems that use a common distribution system to supply both heated and chilled water shall be designed to allow a deadband between changeover from one mode to the other of not less than 15°F (8.3°C) outside air temperatures; be designed to and provided with controls that will allow operation in one mode for not less than 4 hours before changing over to the other mode; and be provided with controls that allow heating and cooling supply temperatures at the changeover point to be not more than 30°F (16.7°C) apart. C403.4.3.3 Hydronic (water loop) heat pump systems. Hydronic heat pump systems shall comply with Sections C403.4.3.3.1 through C403.4.3.3.3. C403.4.3.3.1 Temperature deadband. Hydronic heat pumps connected to a common heat pump water loop with central devices for heat rejection and heat addition shall have controls that are configured to provide a heat pump water supply temperature deadband of not less than 20°F (11°C) between initiation of heat rejection and heat addition by the central devices. Exception: Where a system loop temperature optimization controller is installed and can determine the most efficient operating temperature based on real-time conditions of demand and capacity, deadbands of less than 20°F (11°C) shall be permitted. C403.4.3.3.2 Heat rejection. The following shall apply to hydronic water loop heat pump systems : 1. Where a closed-circuit cooling tower is used directly in the heat pump loop, either an automatic valve shall be installed to bypass the flow of water around the closed-circuit cooling tower, except for any flow necessary for freeze protection, or low-leakage positive-closure dampers shall be provided. 2. Where an open-circuit cooling tower is used directly in the heat pump loop, an automatic valve shall be installed to bypass all heat pump water flow around the open circuit cooling tower. 3. Where an open-circuit or closed-circuit cooling tower is used in conjunction with a separate heat exchanger to isolate the open-circuit cooling tower from the heat pump loop, heat loss shall be controlled by shutting down the circulation pump on the cooling tower loop. Exception: Where it can be demonstrated that a heat pump system will be required to reject heat throughout the year. C403.4.3.3.3 Two-position valve. Each hydronic heat pump on the hydronic system having a total pump system power exceeding 10 hp (7.5 kW) shall have a two-position automatic valve interlocked to shut off the water flow when the compressor is off. C403.4.4 Part-load controls. Hydronic systems greater than or equal to 300,000 Btu/h (87.9 kW) in design output capacity supplying heated or chilled water to comfort conditioning systems shall include controls that are configured to do all of the following: 1. Automatically reset the supply-water temperatures in response to varying building heating and cooling demand using coil valve position, zone-return water temperature, building-return water temperature or outside air temperature. The temperature shall be reset by not less than 25 percent of the design supply-to-return water temperature difference. 2. Automatically vary fluid flow for hydronic systems with a combined pump motor capacity of 2 hp (1.5 kW) or larger with three or more control valves or other devices by reducing the system design flow rate by not less than 50 percent or the maximum reduction allowed by the equipment manufacturer for proper operation of equipment by valves that modulate or step open and close, or pumps that modulate or turn on and off as a function of load. 3. Automatically vary pump flow on heating-water systems, chilled-water systems and heat rejection loops serving water-cooled unitary air conditioners as follows: 3.1. Where pumps operate continuously or operate based on a time schedule, pumps with nominal output motor power of 2 hp or more shall have a variable speed drive. 3.2. Where pumps have automatic direct digital control configured to operate pumps only when zone heating or cooling is required, a variable speed drive shall be provided for pumps with motors having the same or greater nominal output power indicated in Table C403.4.4 based on the climate zone and system served. 4. Where a variable speed drive is required by Item 3 of this section, pump motor power input shall be not more than 30 percent of design wattage at 50 percent of the design water flow. Pump flow shall be controlled to maintain one control valve nearly wide open or to satisfy the minimum differential pressure. Exceptions: 1. Supply-water temperature reset is not required for chilled-water systems supplied by off-site district chilled water or chilled water from ice storage systems. 2. Variable pump flow is not required on dedicated coil circulation pumps where needed for freeze protection. 3. Variable pump flow is not required on dedicated equipment circulation pumps where configured in primary/secondary design to provide the minimum flow requirements of the equipment manufacturer for proper operation of equipment. 4. Variable speed drives are not required on heating water pumps where more than 50 percent of annual heat is generated by an electric boiler. TABLE C403.4.4 VARIABLE SPEED DRIVE (VSD) REQUIREMENTS FOR DEMAND-CONTROLLED PUMPS C403.4.5 Pump isolation. Chilled water plants including more than one chiller shall be capable of and configured to reduce flow automatically through the chiller plant when a chiller is shut down. Chillers piped in series for the purpose of increased temperature differential shall be considered as one chiller. Boiler systems including more than one boiler shall be capable of and configured to reduce flow automatically through the boiler system when a boiler is shut down. C403.5 Economizers. Economizers shall comply with Sections C403.5.1 through C403.5.5. An air or water economizer shall be provided for the following cooling systems: 1. Chilled water systems with a total cooling capacity, less cooling capacity provided with air economizers, as specified in Table C403.5(1). 2. Individual fan systems with cooling capacity greater than or equal to 54,000 Btu/h (15.8 kW) in buildings having other than a Group R occupancy. The total supply capacity of all fan cooling units not provided with economizers shall not exceed 20 percent of the total supply capacity of all fan cooling units in the building or 300,000 Btu/h (88 kW), whichever is greater. 3. Individual fan systems with cooling capacity greater than or equal to 270,000 Btu/h (79.1 kW) in buildings having a Group R occupancy. The total supply capacity of all fan cooling units not provided with economizers shall not exceed 20 percent of the total supply capacity of all fan cooling units in the building or 1,500,000 Btu/h (440 kW), whichever is greater. Exceptions: Economizers are not required for the following systems. 1. Individual fan systems not served by chilled water for buildings located in Climate Zones 0A, 0B, 1A and 1B. 2. Where more than 25 percent of the air designed to be supplied by the system is to spaces that are designed to be humidified above 35°F (1.7°C) dew-point temperature to satisfy process needs. 3. Systems expected to operate less than 20 hours per week. 4. Systems serving supermarket areas with open refrigerated casework. 5. Where the cooling efficiency is greater than or equal to the efficiency requirements in Table C403.5(2). 6. Systems that include a heat recovery system in accordance with Section C403.10.5. 7. VRF systems installed with a dedicated outdoor air system. TABLE C403.5(1) MINIMUM CHILLED-WATER SYSTEM COOLING CAPACITY FOR DETERMINING ECONOMIZER COOLING REQUIREMENTS CLIMATE ZONES (COOLING) TOTAL CHILLED-WATER SYSTEM CAPACITY LESS CAPACITY OF COOLING UNITS WITH AIR ECONOMIZERS Local water-cooled chilled-water systems Air-cooled chilledwater systems or district chilled-water systems 0A, 1A Economizer not required Economizer not required 0B, 1B, 2A, 2B 960,000 Btu/h 1,250,000 Btu/h 3A, 3B, 3C, 4A, 4B, 4C 720,000 Btu/h 940,000 Btu/h 5A, 5B, 5C, 6A, 6B, 7, 8 1,320,000 Btu/h 1,720,000 Btu/h For SI: 1 British thermal unit per hour = 0.2931 W. TABLE C403.5(2) EQUIPMENT EFFICIENCY PERFORMANCE EXCEPTION FOR ECONOMIZERS CLIMATE ZONES COOLING EQUIPMENT PERFORMANCE IMPROVEMENT (EER OR IPLV) 2A, 2B 10% efficiency improvement 3A, 3B 15% efficiency improvement 4A, 4B 20% efficiency improvement C403.5.1 Integrated economizer control. Economizer systems shall be integrated with the mechanical cooling system and be configured to provide partial cooling even where additional mechanical cooling is required to provide the remainder of the cooling load. Controls shall not be capable of creating a false load in the mechanical cooling systems by limiting or disabling the economizer or any other means, such as hot gas bypass, except at the lowest stage of mechanical cooling. Units that include an air economizer shall comply with the following: 1. Unit controls shall have the mechanical cooling capacity control interlocked with the air economizer controls such that the outdoor air damper is at the 100-percent open position when mechanical cooling is on and the outdoor air damper does not begin to close to prevent coil freezing due to minimum compressor run time until the leaving air temperature is less than 45°F (7°C). 2. Direct expansion (DX) units that control 75,000 Btu/h (22 kW) or greater of rated capacity of the capacity of the mechanical cooling directly based on occupied space temperature shall have not fewer than two stages of mechanical cooling capacity. 3. Other DX units, including those that control space temperature by modulating the airflow to the space, shall be in accordance with Table C403.5.1. TABLE C403.5.1 DX COOLING STAGE REQUIREMENTS FOR MODULATING AIRFLOW UNITS RATING CAPACITY MINIMUM NUMBER OF MECHANICAL COOLING STAGES MINIMUM COMPRESSOR DISPLACEMENTa ≥ 65,000 Btu/h and < 240,000 Btu/h 3 stages ≤ 35% of full load ≥ 240,000 Btu/h 4 stages ≤ 25% full load For SI: 1 British thermal unit per hour = 0.2931 W. a. For mechanical cooling stage control that does not use variable compressor displacement, the percent displacement shall be equivalent to the mechanical cooling capacity reduction evaluated at the full load rating conditions for the compressor. C403.5.2 Economizer heating system impact. HVAC system design and economizer controls shall be such that economizer operation does not increase building heating energy use during normal operation. Exception: Economizers on variable air volume (VAV) systems that cause zone level heating to increase because of a reduction in supply air temperature. C403.5.3 Air economizers. Where economizers are required by Section C403.5, air economizers shall comply with Sections C403.5.3.1 through C403.5.3.5. C403.5.3.1 Design capacity. Air economizer systems shall be configured to modulate outdoor air and return air dampers to provide up to 100 percent of the design supply air quantity as outdoor air for cooling. C403.5.3.2 Control signal. Economizer controls and dampers shall be configured to sequence the dampers with the mechanical cooling equipment and shall not be controlled by only mixed-air temperature. Exception: The use of mixed-air temperature limit control shall be permitted for systems controlled from space temperature (such as single-zone systems). C403.5.3.3 High-limit shutoff. Air economizers shall be configured to automatically reduce outdoor air intake to the design minimum outdoor air quantity when outdoor air intake will not reduce cooling energy usage. High-limit shutoff control types for specific climates shall be chosen from Table C403.5.3.3. High-limit shutoff control settings for these control types shall be those specified in Table C403.5.3.3. C403.5.3.4 Relief of excess outdoor air. Systems shall be capable of relieving excess outdoor air during air economizer operation to prevent overpressurizing the building. The relief air outlet shall be located to avoid recirculation into the building. C403.5.3.5 Economizer dampers. Return, exhaust/relief and outdoor air dampers used in economizers shall comply with Section C403.7.7. C403.5.4 Water-side economizers. Where economizers are required by Section C403.5, water-side economizers shall comply with Sections C403.5.4.1 and C403.5.4.2. C403.5.4.1 Design capacity. Water economizer systems shall be configured to cool supply air by indirect evaporation and providing up to 100 percent of the expected system cooling load at outdoor air temperatures of not greater than 50°F (10°C) dry bulb/45°F (7°C) wet bulb. Exceptions: 1. Systems primarily serving computer rooms in which 100 percent of the expected system cooling load at 40°F (4°C) dry bulb/35°F (1.7°C) wet bulb is met with evaporative water economizers. 2. Systems primarily serving computer rooms with dry cooler water economizers that satisfy 100 percent of the expected system cooling load at 35°F (1.7°C) dry bulb. 3. Systems where dehumidification requirements cannot be met using outdoor air temperatures of 50°F (10°C) dry bulb/45°F (7°C) wet bulb and where 100 percent of the expected system cooling load at 45°F (7°C) dry bulb/40°F (4°C) wet bulb is met with evaporative water economizers. TABLE C403.5.3.3 HIGH-LIMIT SHUTOFF CONTROL SETTING FOR AIR ECONOMIZERSb DEVICE TYPE CLIMATE ZONE REQUIRED HIGH LIMIT (ECONOMIZER OFF WHEN): Equation Description Fixed dry bulb 0B, 1B, 2B, 3B, 3C, 4B, 4C, 5B, 5C, 6B, 7, 8 TOA > 75°F Outdoor air temperature exceeds 75°F 5A, 6A TOA > 70°F Outdoor air temperature exceeds 70°F 0A, 1A, 2A, 3A, 4A TOA > 65°F Outdoor air temperature exceeds 65°F Differential dry bulb 0B, 1B, 2B, 3B, 3C, 4B, 4C, 5A, 5B, 5C, 6A, 6B, 7, 8 TOA > TRA Outdoor air temperature exceeds return air temperature Fixed enthalpy with fixed drybulb temperatures All hOA > 28 Btu/lba or TOA > 75°F Outdoor air enthalpy exceeds 28 Btu/lb of dry aira or Outdoor air temperature exceeds 75°F Differential enthalpy with fixed dry-bulb temperature All hOA > hRA or TOA > 75°F Outdoor air enthalpy exceeds return air enthalpy or Outdoor air temperature exceeds 75°F For SI: °C = (°F – 32)/1.8, 1 Btu/lb = 2.33 kJ/kg. a. At altitudes substantially different than sea level, the fixed enthalpy limit shall be set to the enthalpy value at 75°F and 50-percent relative humidity. As an example, at approximately 6,000 feet elevation, the fixed enthalpy limit is approximately 30.7 Btu/lb. b. Devices with selectable setpoints shall be capable of being set to within 2°F and 2 Btu/lb of the setpoint listed. C403.5.4.2 Maximum pressure drop. Precooling coils and water-to-water heat exchangers used as part of a water economizer system shall either have a water-side pressure drop of less than 15 feet (45 kPa) of water or a secondary loop shall be created so that the coil or heat exchanger pressure drop is not seen by the circulating pumps when the system is in the normal cooling (noneconomizer) mode. C403.5.5 Economizer fault detection and diagnostics. Air-cooled unitary direct-expansion units listed in the tables in Section C403.3.2 and variable refrigerant flow (VRF) units that are equipped with an economizer in accordance with Sections C403.5 through C403.5.4 shall include a fault detection and diagnostics system complying with the following: 1. The following temperature sensors shall be permanently installed to monitor system operation: 1.1. Outside air. 1.2. Supply air. 1.3. Return air. 2. Temperature sensors shall have an accuracy of ±2°F (1.1°C) over the range of 40°F to 80°F (4°C to 26.7°C). 3. Refrigerant pressure sensors, where used, shall have an accuracy of ±3 percent of full scale. 4. The unit controller shall be configured to provide system status by indicating the following: 4.1. Free cooling available. 4.2. Economizer enabled. 4.3. Compressor enabled. 4.4. Heating enabled. 4.5. Mixed air low limit cycle active. 4.6. The current value of each sensor. 5. The unit controller shall be capable of manually initiating each operating mode so that the operation of compressors, economizers, fans and the heating system can be independently tested and verified. 6. The unit shall be configured to report faults to a fault management application available for access by day- to-day operating or service personnel, or annunciated locally on zone thermostats. 7. The fault detection and diagnostics system shall be configured to detect the following faults: 7.1. Air temperature sensor failure/fault. 7.2. Not economizing when the unit should be economizing. 7.3. Economizing when the unit should not be economizing. 7.4. Damper not modulating. 7.5. Excess outdoor air. C403.6 Requirements for mechanical systems serving multiple zones. Sections C403.6.1 through C403.6.9 shall apply to mechanical systems serving multiple zones. C403.6.1 Variable air volume and multiple-zone systems. Supply air systems serving multiple zones shall be variable air volume (VAV) systems that have zone controls configured to reduce the volume of air that is reheated, recooled or mixed in each zone to one of the following: 1. Twenty percent of the zone design peak supply for systems with direct digital control (DDC) and 30 percent for other systems. 2. Systems with DDC where all of the following apply: 2.1. The airflow rate in the deadband between heating and cooling does not exceed 20 percent of the zone design peak supply rate or higher allowed rates under Items 3, 4 and 5 of this section. 2.2. The first stage of heating modulates the zone supply air temperature setpoint up to a maximum setpoint while the airflow is maintained at the deadband flow rate. 2.3. The second stage of heating modulates the airflow rate from the deadband flow rate up to the heating maximum flow rate that is less than 50 percent of the zone design peak supply rate. 3. The outdoor airflow rate required to meet the minimum ventilation requirements of Chapter 4 of the International Mechanical Code. 4. Any higher rate that can be demonstrated to reduce overall system annual energy use by offsetting reheat/recool energy losses through a reduction in outdoor air intake for the system as approved by the code official. 5. The airflow rate required to comply with applicable codes or accreditation standards such as pressure relationships or minimum air change rates. Exception: The following individual zones or entire air distribution systems are exempted from the requirement for VAV control: 1. Zones or supply air systems where not less than 75 percent of the energy for reheating or for providing warm air in mixing systems is provided from a site-recovered, including condenser heat, or site-solar energy source. 2. Systems that prevent reheating, recooling, mixing or simultaneous supply of air that has been previously cooled, either mechanically or through the use of economizer systems, and air that has been previously mechanically heated. C403.6.2 Single-duct VAV systems, terminal devices. Single-duct VAV systems shall use terminal devices capable of and configured to reduce the supply of primary supply air before reheating or recooling takes place. C403.6.3 Dual-duct and mixing VAV systems, terminal devices. Systems that have one warm air duct and one cool air duct shall use terminal devices that are configured to reduce the flow from one duct to a minimum before mixing of air from the other duct takes place. C403.6.4 Single-fan dual-duct and mixing VAV systems, economizers. Individual dual-duct or mixing heating and cooling systems with a single fan and with total capacities greater than 90,000 Btu/h [(26.4 kW) 7.5 tons] shall not be equipped with air economizers. C403.6.5 Supply-air temperature reset controls. Multiple-zone HVAC systems shall include controls that are capable of and configured to automatically reset the supply-air temperature in response to representative building loads, or to outdoor air temperature. The controls shall be configured to reset the supply air temperature not less than 25 percent of the difference between the design supply-air temperature and the design room air temperature. Controls that adjust the reset based on zone humidity are allowed in Climate Zones 0B, 1B, 2B, 3B, 3C and 4 through 8. HVAC zones that are expected to experience relatively constant loads shall have maximum airflow designed to accommodate the fully reset supply-air temperature. Exceptions: 1. Systems that prevent reheating, recooling or mixing of heated and cooled supply air. 2. Seventy-five percent of the energy for reheating is from site-recovered or site-solar energy sources. 3. Systems in Climate Zones 0A, 1A and 3A with less than 3,000 cfm (1500 L/s) of design outside air. 4. Systems in Climate Zone 2A with less than 10,000 cfm (5000 L/s) of design outside air. 5. Systems in Climate Zones 0A, 1A, 2A and 3A with not less than 80 percent outside air and employing exhaust air energy recovery complying with Section C403.7.4. C403.6.5.1 Dehumidification control interaction. In Climate Zones 0A, 1A, 2A and 3A, the system design shall allow supply-air temperature reset while dehumidification is provided. When dehumidification control is active, air economizers shall be locked out. C403.6.6 Multiple-zone VAV system ventilation optimization control. Multiple-zone VAV systems with direct digital control of individual zone boxes reporting to a central control panel shall have automatic controls configured to reduce outdoor air intake flow below design rates in response to changes in system ventilation efficiency (Ev) as defined by the International Mechanical Code. Exceptions: 1. VAV systems with zonal transfer fans that recirculate air from other zones without directly mixing it with outdoor air, dual-duct dual-fan VAV systems, and VAV systems with fanpowered terminal units. 2. Systems where total design exhaust airflow is more than 70 percent of total design outdoor air intake flow requirements. C403.6.7 Parallel-flow fan-powered VAV air terminal control. Parallel-flow fan-powered VAV air terminals shall have automatic controls configured to: 1. Turn off the terminal fan except when space heating is required or where required for ventilation. 2. Turn on the terminal fan as the first stage of heating before the heating coil is activated. 3. During heating for warmup or setback temperature control, either: 3.1. Operate the terminal fan and heating coil without primary air. 3.2. Reverse the terminal damper logic and provide heating from the central air handler by primary air. C403.6.8 Setpoints for direct digital control. For systems with direct digital control of individual zones reporting to the central control panel, the static pressure setpoint shall be reset based on the zone requiring the most pressure. In such case, the setpoint is reset lower until one zone damper is nearly wide open. The direct digital controls shall be capable of monitoring zone damper positions or shall have an alternative method of indicating the need for static pressure that is configured to provide all of the following: 1. Automatic detection of any zone that excessively drives the reset logic. 2. Generation of an alarm to the system operational location. 3. Allowance for an operator to readily remove one or more zones from the reset algorithm. C403.6.9 Static pressure sensor location. Static pressure sensors used to control VAV fans shall be located such that the controller setpoint is not greater than 1.2 inches w.c. (299 Pa). Where this results in one or more sensors being located downstream of major duct splits, not less than one sensor shall be located on each major branch to ensure that static pressure can be maintained in each branch. C403.7 Ventilation and exhaust systems. In addition to other requirements of Section C403 applicable to the provision of ventilation air or the exhaust of air, ventilation and exhaust systems shall be in accordance with Sections C403.7.1 through C403.7.7. C403.7.1 Demand control ventilation. Demand control ventilation (DCV) shall be provided for all single-zone systems required to comply with Sections C403.5 through C403.5.3 and spaces larger than 500 square feet (46.5 m2) and with an average occupant load of 15 people or greater per 1,000 square feet (93 m2) of floor area, as established in Table 403.3.1.1 of the International Mechanical Code, and served by systems with one or more of the following: 1. An air-side economizer. 2. Automatic modulating control of the outdoor air damper. 3. A design outdoor airflow greater than 3,000 cfm (1416 L/s). Exceptions: 1. Systems with energy recovery complying with Section C403.7.4.2. 2. Multiple-zone systems without direct digital control of individual zones communicating with a central control panel. 3. Multiple-zone systems with a design outdoor airflow less than 750 cfm (354 L/s). 4. Spaces where more than 75 percent of the space design outdoor airflow is required for makeup air that is exhausted from the space or transfer air that is required for makeup air that is exhausted from other spaces. 5. Spaces with one of the following occupancy classifications as defined in Table 403.3.1.1 of the International Mechanical Code: correctional cells, education laboratories, barber, beauty and nail salons, and bowling alley seating areas. C403.7.2 Enclosed parking garage ventilation controls. Enclosed parking garages used for storing or handling automobiles operating under their own power shall employ carbon monoxide detectors applied in conjunction with nitrogen dioxide detectors and automatic controls configured to stage fans or modulate fan average airflow rates to 50 percent or less of design capacity, or intermittently operate fans less than 20 percent of the occupied time or as required to maintain acceptable contaminant levels in accordance with International Mechanical Code provisions. Failure of contamination-sensing devices shall cause the exhaust fans to operate continuously at design airflow. Exceptions: 1. Garages with a total exhaust capacity less than 8,000 cfm (3,755 L/s) with ventilation systems that do not utilize heating or mechanical cooling. 2. Garages that have a garage area to ventilation system motor nameplate power ratio that exceeds 1,125 cfm/hp (710 L/s/kW) and do not utilize heating or mechanical cooling. C403.7.3 Ventilation air heating control. Units that provide ventilation air to multiple zones and operate in conjunction with zone heating and cooling systems shall not use heating or heat recovery to warm supply air to a temperature greater than 60°F (16°C) when representative building loads or outdoor air temperatures indicate that the majority of zones require cooling. C403.7.4 Energy recovery systems. Energy recovery ventilation systems shall be provided as specified in either Section C403.7.4.1 or C403.7.4.2, as applicable. C403.7.4.1 Nontransient dwelling units. Nontransient dwelling units shall be provided with outdoor air energy recovery ventilation systems with an enthalpy recovery ratio of not less than 50 percent at cooling design condition and not less than 60 percent at heating design condition. Exceptions: 1. Nontransient dwelling units in Climate Zone 3C. 2. Nontransient dwelling units with not more than 500 square feet (46 m2) of conditioned floor area in Climate Zones 0, 1, 2, 3, 4C and 5C. 3. Enthalpy recovery ratio requirements at heating design condition in Climate Zones 0, 1 and 2. 4. Enthalpy recovery ratio requirements at cooling design condition in Climate Zones 4, 5, 6, 7 and 8. C403.7.4.2 Spaces other than nontransient dwelling units. Where the supply airflow rate of a fan system serving a space other than a nontransient dwelling unit exceeds the values specified in Tables C403.7.4.2(1) and C403.7.4.2(2), the system shall include an energy recovery system. The energy recovery system shall provide an enthalpy recovery ratio of not less than 50 percent at design conditions. Where an air economizer is required, the energy recovery system shall include a bypass or controls that permit operation of the economizer as required by Section C403.5. Exception: An energy recovery ventilation system shall not be required in any of the following conditions: 1. Where energy recovery systems are prohibited by the International Mechanical Code. 2. Laboratory fume hood systems that include not fewer than one of the following features: 2.1. Variable-air-volume hood exhaust and room supply systems configured to reduce exhaust and makeup air volume to 50 percent or less of design values. 2.2. Direct makeup (auxiliary) air supply equal to or greater than 75 percent of the exhaust rate, heated not warmer than 2°F (1.1°C) above room setpoint, cooled to not cooler than 3°F (1.7°C) below room setpoint, with no humidification added, and no simultaneous heating and cooling used for dehumidification control. 3. Systems serving spaces that are heated to less than 60°F (15.5°C) and that are not cooled. 4. Where more than 60 percent of the outdoor heating energy is provided from site-recovered or site-solar energy. 5. Enthalpy recovery ratio requirements at heating design condition in Climate Zones 1 and 2. 6. Enthalpy recovery ratio requirements at cooling design condition in Climate Zones 3C, 4C, 5B, 5C, 6B, 7 and 8. 7. Systems requiring dehumidification that employ energy recovery in series with the cooling coil. 8. Where the largest source of air exhausted at a single location at the building exterior is less than 75 percent of the design outdoor air flow rate. 9. Systems expected to operate less than 20 hours per week at the outdoor air percentage covered by Table C403.7.4.2(1). 10. Systems exhausting toxic, flammable, paint or corrosive fumes or dust. 11. Commercial kitchen hoods used for collecting and removing grease vapors and smoke. C403.7.5 Kitchen exhaust systems. Replacement air introduced directly into the exhaust hood cavity shall not be greater than 10 percent of the hood exhaust airflow rate. Conditioned supply air delivered to any space shall not exceed the greater of the following: 1. The ventilation rate required to meet the space heating or cooling load. 2. The hood exhaust flow minus the available transfer air from adjacent space where available transfer air is considered to be that portion of outdoor ventilation air not required to satisfy other exhaust needs, such as restrooms, and not required to maintain pressurization of adjacent spaces. Where total kitchen hood exhaust airflow rate is greater than 5,000 cfm (2360 L/s), each hood shall be a factory-built commercial exhaust hood listed by a nationally recognized testing laboratory in compliance with UL 710. Each hood shall have a maximum exhaust rate as specified in Table C403.7.5 and shall comply with one of the following: 1. Not less than 50 percent of all replacement air shall be transfer air that would otherwise be exhausted. 2. Demand ventilation systems on not less than 75 percent of the exhaust air that are configured to provide not less than a 50-percent reduction in exhaust and replacement air system airflow rates, including controls necessary to modulate airflow in response to appliance operation and to maintain full capture and containment of smoke, effluent and combustion products during cooking and idle. 3. Listed energy recovery devices with a sensible heat recovery effectiveness of not less than 40 percent on not less than 50 percent of the total exhaust airflow. Where a single hood, or hood section, is installed over appliances with different duty ratings, the maximum allowable flow rate for the hood or hood section shall be based on the requirements for the highest appliance duty rating under the hood or hood section. Exception: Where not less than 75 percent of all the replacement air is transfer air that would otherwise be exhausted. TABLE C403.7.4.2(1) ENERGY RECOVERY REQUIREMENT (Ventilation systems operating less than 8,000 hours per year) CLIMATE ZONE PERCENT (%) OUTDOOR AIR AT FULL DESIGN AIRFLOW RATE ≥ 10% and < 20% ≥ 20% and < 30% ≥ 30% and < 40% ≥ 40% and < 50% ≥ 50% and < 60% ≥ 60% and < 70% ≥ 70% and < 80% ≥ 80% Design Supply Fan Airflow Rate (cfm) 3B, 3C, 4B, 4C, 5B NR NR NR NR NR NR NR NR 0B, 1B, 2B, 5C NR NR NR NR ≥ 26,000 ≥ 12,000 ≥ 5,000 ≥ 4,000 6B ≥ 28,000 ≥ 26,5000 ≥ 11,000 ≥ 5,500 ≥ 4,500 ≥ 3,500 ≥ 2,500 ≥ 1,500 0A, 1A, 2A, 3A, 4A, 5A, 6A ≥ 26,000 ≥ 16,000 ≥ 5,500 ≥ 4,500 ≥ 3,500 ≥ 2,000 ≥ 1,000 > 120 7, 8 ≥ 4,500 ≥ 4,000 ≥ 2,500 ≥ 1,000 > 140 > 120 > 100 > 80 For SI: 1 cfm = 0.4719 L/s. NR = Not Required. TABLE C403.7.4.2(2) ENERGY RECOVERY REQUIREMENT (Ventilation systems operating not less than 8,000 hours per year) CLIMATE ZONE PERCENT (%) OUTDOOR AIR AT FULL DESIGN AIRFLOW RATE ≥ 10% and < 20% ≥ 20% and < 30% ≥ 30% and < 40% ≥ 40% and < 50% ≥ 50% and < 60% ≥ 60% and < 70% ≥ 70% and < 80% ≥ 80% Design Supply Fan Airflow Rate (cfm) 3C NR NR NR NR NR NR NR NR 0B, 1B, 2B, 3B, 4C, 5C NR ≥ 19,500 ≥ 9,000 ≥ 5,000 ≥ 4,000 ≥ 3,000 ≥ 1,500 ≥ 120 0A, 1A, 2A, 3A, 4B, 5B ≥ 2,500 ≥ 2,000 ≥ 1,000 ≥ 500 ≥ 140 ≥ 120 ≥ 100 ≥ 80 4A, 5A, 6A, 6B, 7, 8 ≥ 200 ≥ 130 ≥ 100 ≥ 80 ≥ 70 ≥ 60 ≥ 50 ≥ 40 For SI: 1 cfm = 0.4719 L/s. NR = Not Required. TABLE C403.7.5 MAXIMUM NET EXHAUST FLOW RATE, CFM PER LINEAR FOOT OF HOOD LENGTH TYPE OF HOOD LIGHT-DUTY EQUIPMENT MEDIUM-DUTY EQUIPMENT HEAVY-DUTY EQUIPMENT EXTRA-HEAVY-DUTY EQUIPMENT Wall-mounted canopy 140 210 280 385 Single island 280 350 420 490 Double island (per side) 175 210 280 385 Eyebrow 175 175 NA NA Backshelf/Pass-over 210 210 280 NA For SI: 1 cfm = 0.4719 L/s; 1 foot = 304.8 mm. NA = Not Allowed C403.7.6 Automatic control of HVAC systems serving guestrooms. In Group R-1 buildings containing more than 50 guestrooms, each guestroom shall be provided with controls complying with the provisions of Sections C403.7.6.1 and C403.7.6.2. Card key controls comply with these requirements. C403.7.6.1 Temperature setpoint controls. Controls shall be provided on each HVAC system that are capable of and configured with three modes of temperature control. 1. When the guestroom is rented but unoccupied, the controls shall automatically raise the cooling setpoint and lower the heating setpoint by not less than 4°F (2°C) from the occupant setpoint within 30 minutes after the occupants have left the guestroom. 2. When the guestroom is unrented and unoccupied, the controls shall automatically raise the cooling setpoint to not lower than 80°F (27°C) and lower the heating setpoint to not higher than 60°F (16°C). Unrented and unoccupied guestroom mode shall be initiated within 16 hours of the guestroom being continuously occupied or where a networked guestroom control system indicates that the guestroom is unrented and the guestroom is unoccupied for more than 20 minutes. A networked guestroom control system that is capable of returning the thermostat setpoints to default occupied setpoints 60 minutes prior to the time a guestroom is scheduled to be occupied is not precluded by this section. Cooling that is capable of limiting relative humidity with a setpoint not lower than 65- percent relative humidity during unoccupied periods is not precluded by this section. 3. When the guestroom is occupied, HVAC setpoints shall return to their occupied setpoints once occupancy is sensed. C403.7.6.2 Ventilation controls. Controls shall be provided on each HVAC system that are capable of and configured to automatically turn off the ventilation and exhaust fans within 20 minutes of the occupants leaving the guestroom, or isolation devices shall be provided to each guestroom that are capable of automatically shutting off the supply of outdoor air to and exhaust air from the guestroom. Exception: Guestroom ventilation systems are not precluded from having an automatic daily pre-occupancy purge cycle that provides daily outdoor air ventilation during unrented periods at the design ventilation rate for 60 minutes, or at a rate and duration equivalent to one air change. C403.7.7 Shutoff dampers. Outdoor air intake and exhaust openings and stairway and shaft vents shall be provided with Class I motorized dampers. The dampers shall have an air leakage rate not greater than 4 cfm/ft2 (20.3 L/s × m2) of damper surface area at 1.0 inch watergauge (249 Pa) and shall be labeled by an approved agency when tested in accordance with AMCA 500D for such purpose. Outdoor air intake and exhaust dampers shall be installed with automatic controls configured to close when the systems or spaces served are not in use or during unoccupied period warm-up and setback operation, unless the systems served require outdoor or exhaust air in accordance with the International Mechanical Code or the dampers are opened to provide intentional economizer cooling. Stairway and shaft vent dampers shall be installed with automatic controls configured to open upon the activation of any fire alarm initiating device of the building’s fire alarm system or the interruption of power to the damper. Exception: Nonmotorized gravity dampers shall be an alternative to motorized dampers for exhaust and relief openings as follows: 1. In buildings less than three stories in height above grade plane. 2. In buildings of any height located in Climate Zones 0, 1, 2 or 3. 3. Where the design exhaust capacity is not greater than 300 cfm (142 L/s). Nonmotorized gravity dampers shall have an air leakage rate not greater than 20 cfm/ft2 (101.6 L/s × m2) where not less than 24 inches (610 mm) in either dimension and 40 cfm/ft2 (203.2 L/s × m2) where less than 24 inches (610 mm) in either dimension. The rate of air leakage shall be determined at 1.0 inch water gauge (249 Pa) when tested in accordance with AMCA 500D for such purpose. The dampers shall be labeled by an approved agency. C403.8 Fans and fan controls. Fans in HVAC systems shall comply with Sections C403.8.1 through C403.8.6.1. C403.8.1 Allowable fan horsepower. Each HVAC system having a total fan system motor nameplate horsepower exceeding 5 hp (3.7 kW) at fan system design conditions shall not exceed the allowable fan system motor nameplate hp (Option 1) or fan system bhp (Option 2) shown in Table C403.8.1(1). This includes supply fans, exhaust fans, return/relief fans, and fan-powered terminal units associated with systems providing heating or cooling capability. Single-zone variable air volume systems shall comply with the constant volume fan power limitation. Exceptions: 1. Hospital, vivarium and laboratory systems that utilize flow control devices on exhaust or return to maintain space pressure relationships necessary for occupant health and safety or environmental control shall be permitted to use variable volume fan power limitation. 2. Individual exhaust fans with motor nameplate horsepower of 1 hp (0.746 kW) or less are exempt from the allowable fan horsepower requirement. C403.8.2 Motor nameplate horsepower. For each fan, the fan brake horsepower (bhp) shall be indicated on the construction documents and the selected motor shall be not larger than the first available motor size greater than the following: 1. For fans less than 6 bhp (4476 W), 1.5 times the fan brake horsepower. 2. For fans 6 bhp (4476 W) and larger, 1.3 times the fan brake horsepower. Exceptions: 1. Fans equipped with electronic speed control devices to vary the fan airflow as a function of load. 2. Fans with a fan nameplate electrical input power of less than 0.89 kW. 3. Systems complying with Section C403.8.1 fan system motor nameplate hp (Option 1). 4. Fans with motor nameplate horsepower less than 1 hp (746 W). TABLE C403.8.1(1) FAN POWER LIMITATION LIMIT CONSTANT VOLUME VARIABLE VOLUME Option 1: Fan system motor nameplate hp Allowable nameplate motor hp hp ≤ CFMS × 0.0011 hp ≤ CFMS × 0.0015 Option 2: Fan system bhp Allowable fan system bhp bhp ≤ CFMS × 0.00094 + A bhp ≤ CFMS × 0.0013 + A For SI: 1 bhp = 735.5 W, 1 hp = 745.5 W, 1 cfm = 0.4719 L/s. where: CFMS = The maximum design supply airflow rate to conditioned spaces served by the system in cubic feet per minute. hp = The maximum combined motor nameplate horsepower. bhp = The maximum combined fan brake horsepower. A = Sum of [PD × CFMD / 4131]. where: PD = Each applicable pressure drop adjustment from Table C403.8.1(2) in. w.c. CFMD = The design airflow through each applicable device from Table C403.8.1(2) in cubic feet per minute. TABLE C403.8.1(2) FAN POWER LIMITATION PRESSURE DROP ADJUSTMENT DEVICE ADJUSTMENT Credits Return air or exhaust systems required by code or accreditation standards to be fully ducted, or systems required to maintain air pressure differentials between adjacent rooms 0.5 inch w.c. (2.15 inches w.c. for laboratory and vivarium systems) Return and exhaust airflow control devices 0.5 inch w.c. Exhaust filters, scrubbers or other exhaust treatment The pressure drop of device calculated at fan system design condition Particulate filtration credit: MERV 9 thru 12 0.5 inch w.c. Particulate filtration credit: MERV 13 thru 15 0.9 inch w.c. Particulate filtration credit: MERV 16 and greater and electronically enhanced filters Pressure drop calculated at 2 times the clean filter pressure drop at fan system design condition. Carbon and other gas-phase air cleaners Clean filter pressure drop at fan system design condition. Biosafety cabinet Pressure drop of device at fan system design condition. Energy recovery device, other than coil runaround loop For each airstream, (2.2 × energy recovery effectiveness 0.5) inch w.c. Coil runaround loop 0.6 inch w.c. for each airstream. Evaporative humidifier/cooler in series with another cooling coil Pressure drop of device at fan system design conditions. Sound attenuation section (fans serving spaces with design background noise goals below NC35) 0.15 inch w.c. Exhaust system serving fume hoods 0.35 inch w.c. Laboratory and vivarium exhaust systems in high-rise buildings 0.25 inch w.c./100 feet of vertical duct exceeding 75 feet. Deductions Systems without central cooling device 0.6 inch w.c. Systems without central heating device 0.3 inch w.c. Systems with central electric resistance heat 0.2 inch w.c. For SI: 1 inch w.c. = 249 Pa, 1 inch = 25.4 mm, 1 foot = 304.8 mm. w.c. = Water Column, NC = Noise Criterion. C403.8.3 Fan efficiency. Each fan and fan array shall have a fan energy index (FEI) of not less than 1.00 at the design point of operation, as determined in accordance with AMCA 208 by an approved independent testing laboratory and labeled by the manufacturer. Each fan and fan array used for a variable-air-volume system shall have an FEI of not less than 0.95 at the design point of operation, as determined in accordance with AMCA 208 by an approved independent testing laboratory and labeled by the manufacturer. The FEI for fan arrays shall be calculated in accordance with AMCA 208 Annex C. Exceptions: The following fans are not required to have a fan energy index: 1. Fans that are not embedded fans with motor nameplate horsepower of less than 1.0 hp (0.75 kW) or with a nameplate electrical input power of less than 0.89 kW. 2. Embedded fans that have a motor nameplate horsepower of 5 hp (3.7 kW) or less, or with a fan system electrical input power of 4.1 kW or less. 3. Multiple fans operated in series or parallel as the functional equivalent of a single fan that have a combined motor nameplate horsepower of 5 hp (3.7 kW) or less or with a fan system electrical input power of 4.1 kW or less. 4. Fans that are part of equipment covered in Section C403.3.2. 5. Fans included in an equipment package certified by an approved agency for air or energy performance. 6. Ceiling fans, which are defined as nonportable devices suspended from a ceiling or overhead structure for circulating air via the rotation of the blades. 7. Fans used for moving gases at temperatures above 425°F (250°C). 8. Fans used for operation in explosive atmospheres. 9. Reversible fans used for tunnel ventilation. 10. Fans that are intended to operate only during emergency conditions. 11. Fans outside the scope of AMCA 208. C403.8.4 Fractional hp fan motors. Motors for fans that are not less than 1/12 hp (0.062 kW) and less than 1 hp (0.746 kW) shall be electronically commutated motors or shall have a minimum motor efficiency of 70 percent, rated in accordance with DOE 10 CFR 431. These motors shall have the means to adjust motor speed for either balancing or remote control. The use of belt-driven fans to sheave adjustments for airflow balancing instead of a varying motor speed shall be permitted. Exceptions: The following motors are not required to comply with this section 1. Motors in the airstream within fan coils and terminal units that only provide heating to the space served. 2. Motors in space-conditioning equipment that comply with Section C403.3.2 or Sections C403.8.1. through C403.8.3. 3. Motors that comply with Section C405.8. C403.8.5 Low-capacity ventilation fans. Mechanical ventilation system fans with motors less than 1/12 hp (0.062 kW) in capacity shall meet the efficacy requirements of Table C403.8.5 at one or more rating points. Exceptions: 1. Where ventilation fans are a component of a listed heating or cooling appliance. 2. Dryer exhaust duct power ventilators, domestic range hoods and domestic range booster fans that operate intermittently. TABLE C403.8.5 LOW-CAPACITY VENTILATION FAN EFFICACYa FAN LOCATION AIRFLOW RATE MINIMUM (CFM) MINIMUM EFFICACY (CFM/WATT) AIRFLOW RATE MAXIMUM (CFM) HRV or ERV Any 1.2 cfm/watt Any In-line fan Any 3.8 cfm/watt Any Bathroom, utility room 10 2.8 cfm/watt < 90 Bathroom, utility room 90 3.5 cfm/watt Any For SI: 1 cfm/ft = 47.82 W. 1. Airflow shall be tested in accordance with HVI 916 and listed. Efficacy shall be listed or shall be derived from listed power and airflow. Fan efficacy for fully ducted HRV, ERV, balanced and in- line fans shall be determined at a static pressure not less than 0.2 inch w.c. Fan efficacy for ducted range hoods, bathroom and utility room fans shall be determined at a static pressure not less than 0.1 inch w.c. C403.8.6 Fan control. Controls shall be provided for fans in accordance with Section C403.8.6.1 and as required for specific systems provided in Section C403. C403.8.6.1 Fan airflow control. Each cooling system listed in Table C403.8.6.1 shall be designed to vary the indoor fan airflow as a function of load and shall comply with the following requirements: 1. Direct expansion (DX) and chilled water cooling units that control the capacity of the mechanical cooling directly based on space temperature shall have not fewer than two stages of fan control. Low or minimum speed shall not be greater than 66 percent of full speed. At low or minimum speed, the fan system shall draw not more than 40 percent of the fan power at full fan speed. Low or minimum speed shall be used during periods of low cooling load and ventilation-only operation. 2. Other units including DX cooling units and chilled water units that control the space temperature by modulating the airflow to the space shall have modulating fan control. Minimum speed shall be not greater than 50 percent of full speed. At minimum speed the fan system shall draw not more than 30 percent of the power at full fan speed. Low or minimum speed shall be used during periods of low cooling load and ventilation-only operation. 3. Units that include an air-side economizer in accordance with Section C403.5 shall have not fewer than two speeds of fan control during economizer operation. Exceptions: 1. Modulating fan control is not required for chilled water and evaporative cooling units with fan motors of less than 1 hp (0.746 kW) where the units are not used to provide ventilation air and the indoor fan cycles with the load. 2. Where the volume of outdoor air required to comply with the ventilation requirements of the International Mechanical Code at low speed exceeds the air that would be delivered at the speed defined in Section C403.8.6, the minimum speed shall be selected to provide the required ventilation air. TABLE C403.8.6.1 COOLING SYSTEMS COOLING SYSTEM TYPE FAN MOTOR SIZE MECHANICAL COOLING CAPACITY DX cooling Any ≥ 65,000 Btu/h Chilled water and evaporative cooling ≥ 1/4 hp Any For SI: 1 British thermal unit per hour = 0.2931 W; 1 hp = 0.746 kW. C403.9 Large-diameter ceiling fans. Where provided, large-diameter ceiling fans shall be tested and labeled in accordance with AMCA 230. C403.10 Heat rejection equipment. Heat rejection equipment, including air-cooled condensers, dry coolers, opencircuit cooling towers, closed-circuit cooling towers and evaporative condensers, shall comply with this section. Exception: Heat rejection devices where energy usage is included in the equipment efficiency ratings listed in Tables C403.3.2(6) and C403.3.2(7). C403.10.1 Fan speed control. Each fan system powered by an individual motor or array of motors with connected power, including the motor service factor, totaling 5 hp (3.7 kW) or more shall have controls and devices configured to automatically modulate the fan speed to control the leaving fluid temperature or condensing temperature and pressure of the heat rejection device. Fan motor power input shall be not more than 30 percent of design wattage at 50 percent of the design airflow. Exceptions: 1. Fans serving multiple refrigerant or fluid cooling circuits. 2. Condenser fans serving flooded condensers. C403.10.2 Multiple-cell heat rejection equipment. Multiple-cell heat rejection equipment with variable speed fan drives shall be controlled to operate the maximum number of fans allowed that comply with the manufacturer’s requirements for all system components and so that all fans operate at the same fan speed required for the instantaneous cooling duty, as opposed to staged on and off operation. The minimum fan speed shall be the minimum allowable speed of the fan drive system in accordance with the manufacturer’s recommendations. C403.10.3 Limitation on centrifugal fan open-circuit cooling towers. Centrifugal fan open-circuit cooling towers with a combined rated capacity of 1,100 gpm (4164 L/m) or greater at 95°F (35°C) condenser water return, 85°F (29°C) condenser water supply, and 75°F (24°C) outdoor air wet-bulb temperature shall meet the energy efficiency requirement for axial fan open-circuit cooling towers listed in Table C403.3.2(8). Exception: Centrifugal open-circuit cooling towers that are designed with inlet or discharge ducts or require external sound attenuation. C403.10.4 Tower flow turndown. Open-circuit cooling towers used on water-cooled chiller systems that are configured with multiple- or variable-speed condenser water pumps shall be designed so that all open-circuit cooling tower cells can be run in parallel with the larger of the flow that is produced by the smallest pump at its minimum expected flow rate or at 50 percent of the design flow for the cell. C403.10.5 Heat recovery for service water heating. Condenser heat recovery shall be installed for heating or reheating of service hot water provided that the facility operates 24 hours a day, the total installed heat capacity of water-cooled systems exceeds 6,000,000 Btu/hr (1758 kW) of heat rejection, and the design service water heating load exceeds 1,000,000 Btu/h (293 kW). The required heat recovery system shall have the capacity to provide the smaller of the following: 1. Sixty percent of the peak heat rejection load at design conditions. 2. The preheating required to raise the peak service hot water draw to 85°F (29°C). Exceptions: 1. Facilities that employ condenser heat recovery for space heating or reheat purposes with a heat recovery design exceeding 30 percent of the peak water-cooled condenser load at design conditions. 2. Facilities that provide 60 percent of their service water heating from site solar or site recovered energy or from other sources. C403.11 Refrigeration equipment performance. Refrigeration equipment performance shall be determined in accordance with Sections C403.11.1 and C403.11.2 for commercial refrigerators, freezers, refrigerator-freezers, walk-in coolers, walk-in freezers and refrigeration equipment. The energy use shall be verified through certification under an approved certification program or, where a certification program does not exist, the energy use shall be supported by data furnished by the equipment manufacturer. Exception: Walk-in coolers and walk-in freezers regulated under federal law in accordance with Subpart R of DOE 10 CFR 431. C403.11.1 Commercial refrigerators, refrigerator-freezers and refrigeration. Refrigeration equipment, defined in DOE 10 CFR Part 431.62, shall have an energy use in kWh/day not greater than the values of Table C403.11.1 when tested and rated in accordance with AHRI Standard 1200. C403.11.2 Walk-in coolers and walk-in freezers. Walk-in cooler and walk-in freezer refrigeration systems, except for walk- in process cooling refrigeration systems as defined in DOE 10 CFR 431.302, shall meet the requirements of Tables C403.11.2.1(1), C403.11.2.1(2), and C403.11.2.1(3). C403.11.2.1 Performance standards. Walk-in coolers and walk-in freezers shall meet the requirements of Tables C403.11.2.1(1), C403.11.2.1(2) and C403.11.2.1(3). TABLE C403.11.2.1(1) WALK-IN COOLER AND FREEZER DISPLAY DOOR EFFICIENCY REQUIREMENTSa TABLE C403.11.2.1(2) WALK-IN COOLER AND FREEZER NONDISPLAY DOOR EFFICIENCY REQUIREMENTSa TABLE C403.11.2.1(3) WALK-IN COOLER AND FREEZER REFRIGERATION SYSTEM EFFICIENCY REQUIREMENTS TABLE C403.11.1 MINIMUM EFFICIENCY REQUIREMENTS: COMMERCIAL REFRIGERATORS AND FREEZERS AND REFRIGERATION (continued) TABLE C403.11.1—continued MINIMUM EFFICIENCY REQUIREMENTS: COMMERCIAL REFRIGERATORS AND FREEZERS AND REFRIGERATION For SI: 1 square foot = 0.0929 m2, 1 cubic foot = 0.02832 m3, °C = (°F – 32)/1.8. a. The meaning of the letters in this column is indicated in the columns to the left. b. Ice cream freezer is defined in DOE 10 CFR 431.62 as a commercial freezer that is designed to operate at or below -5 °F and that the manufacturer designs, markets or intends for the storing, displaying or dispensing of ice cream. c. Equipment class designations consist of a combination [in sequential order separated by periods (AAA).(BB).(C)] of the following: • (AAA)—An equipment family code (VOP = vertical open, SVO = semivertical open, HZO = horizontal open, VCT = vertical closed transparent doors, VCS = vertical closed solid doors, HCT = horizontal closed transparent doors, HCS = horizontal closed solid doors, and SOC = service over counter); • (BB)—An operating mode code (RC = remote condensing and SC = self-contained); and • (C)—A rating temperature code [M = medium temperature (38°F), L = low temperature (0°F), or I = ice cream temperature (-15°F)]. • For example, “VOP.RC.M” refers to the “vertical open, remote condensing, medium temperature” equipment class. d. V is the volume of the case (ft3) as measured in AHRI 1200, Appendix C. e. TDA is the total display area of the case (ft2) as measured in AHRI 1200, Appendix D. C403.11.3 Refrigeration systems. Refrigerated display cases, walk-in coolers or walk-in freezers that are served by remote compressors and remote condensers not located in a condensing unit, shall comply with Sections C403.11.3.1 and C403.11.3.2. Exception: Systems where the working fluid in the refrigeration cycle goes through both subcritical and super-critical states (transcritical) or that use ammonia refrigerant are exempt. C403.11.3.1 Condensers serving refrigeration systems. Fan-powered condensers shall comply with the following: 1. The design saturated condensing temperatures for air-cooled condensers shall not exceed the design dry-bulb temperature plus 10°F (5.6°C) for low-temperature refrigeration systems, and the design dry-bulb temperature plus 15°F (8°C) for medium temperature refrigeration systems where the saturated condensing temperature for blend refrigerants shall be determined using the average of liquid and vapor temperatures as converted from the condenser drain pressure. 2. Condenser fan motors that are less than 1 hp (0.75 kW) shall use electronically commutated motors, permanent split-capacitor-type motors or 3-phase motors. 3. Condenser fans for air-cooled condensers, evaporatively cooled condensers, air or watercooled fluid coolers or cooling towers shall reduce fan motor demand to not more than 30 percent of design wattage at 50 percent of design air volume, and incorporate one of the following continuous variable speed fan control approaches: 3.1. Refrigeration system condenser control for air-cooled condensers shall use variable setpoint control logic to reset the condensing temperature setpoint in response to ambient dry-bulb temperature. 3.2. Refrigeration system condenser control for evaporatively cooled condensers shall use variable setpoint control logic to reset the condensing temperature setpoint in response to ambient wetbulb temperature. 4. Multiple fan condensers shall be controlled in unison. 5. The minimum condensing temperature setpoint shall be not greater than 70°F (21°C). C403.11.3.2 Compressor systems. Refrigeration compressor systems shall comply with the following: 1. Compressors and multiple-compressor system suction groups shall include control systems that use floating suction pressure control logic to reset the target suction pressure temperature based on the temperature requirements of the attached refrigeration display cases or walk-ins. Exception: Controls are not required for the following: 1. Single-compressor systems that do not have variable capacity capability. 2. Suction groups that have a design saturated suction temperature of 30°F (-1.1°C) or higher, suction groups that comprise the high stage of a two-stage or cascade system, or suction groups that primarily serve chillers for secondary cooling fluids. 2. Liquid subcooling shall be provided for all low temperature compressor systems with a design cooling capacity equal to or greater than 100,000 Btu (29.3 kW) with a design-saturated suction temperature of -10°F (-23°C) or lower. The sub-cooled liquid temperature shall be controlled at a maximum temperature setpoint of 50°F (10°C) at the exit of the subcooler using either compressor economizer (interstage) ports or a separate compressor suction group operating at a saturated suction temperature of 18°F (-7.8°C) or higher. 2.1. Insulation for liquid lines with a fluid operating temperature less than 60°F (15.6°C) shall comply with Table C403.11.3. 3. Compressors that incorporate internal or external crankcase heaters shall provide a means to cycle the heaters off during compressor operation. C403.12 Construction of HVAC system elements. Ducts, plenums, piping and other elements that are part of an HVAC system shall be constructed and insulated in accordance with Sections C403.12.1 through C403.12.3.1. C403.12.1 Duct and plenum insulation and sealing. Supply and return air ducts and plenums shall be insulated with not less than R-8 insulation where located in unconditioned spaces and where located outside the building with not less than R-12 insulation Ducts located underground beneath buildings shall be insulated as required in this section or have an equivalent thermal distribution efficiency. Underground ducts utilizing the thermal distribution efficiency method shall be listed and labeled to indicate the R-value equivalency. Where located within a building envelope assembly, the duct or plenum shall be separated from the building exterior or unconditioned or exempt spaces by not less than R-12 insulation Exceptions: 1. Where located within equipment. 2. Where the design temperature difference between the interior and exterior of the duct or plenum is not greater than 15°F (8°C). Ducts, air handlers and filter boxes shall be sealed. Joints and seams shall comply with Section 603.9 of the International Mechanical Code. C403.12.2 Duct construction. Ductwork shall be constructed and erected in accordance with the International Mechanical Code. C403.12.2.1 Low-pressure duct systems. Longitudinal and transverse joints, seams and connections of supply and return ducts operating at a static pressure less than or equal to 2 inches water gauge (w.g.) (498 Pa) shall be securely fastened and sealed with welds, gaskets, mastics (adhesives), mas-tic-plus-embedded fabric systems or tapes installed in accordance with the manufacturer’s instructions. Pressure classifications specific to the duct system shall be clearly indicated on the construction documents in accordance with the International Mechanical Code. Exception: Locking-type longitudinal joints and seams, other than the snap-lock and button-lock types, need not be sealed as specified in this section. C403.12.2.2 Medium-pressure duct systems. Ducts and plenums designed to operate at a static pressure greater than 2 inches water gauge (w.g.) (498 Pa) but less than 3 inches w.g. (747 Pa) shall be insulated and sealed in accordance with Section C403.12.1. Pressure classifications specific to the duct system shall be clearly indicated on the construction documents in accordance with the International Mechanical Code. C403.12.2.3 High-pressure duct systems. Ducts and plenums designed to operate at static pressures equal to or greater than 3 inches water gauge (747 Pa) shall be insulated and sealed in accordance with Section C403.12.1. In addition, ducts and plenums shall be leak tested in accordance with the SMACNA HVAC Air Duct Leakage Test Manual and shown to have a rate of air leakage (CL) less than or equal to 4.0 as determined in accordance with Equation 4-8. CL = F/P0.65 (Equation 4-8) where: F = The measured leakage rate in cfm per 100 square feet (9.3 m2) of duct surface. P = The static pressure of the test. Documentation shall be furnished demonstrating that representative sections totaling not less than 25 percent of the duct area have been tested and that all tested sections comply with the requirements of this section. C403.12.3 Piping insulation. Piping serving as part of a heating or cooling system shall be thermally insulated in accordance with Table C403.12.3. Exceptions: 1. Factory-installed piping within HVAC equipment tested and rated in accordance with a test procedure referenced by this code. 2. Factory-installed piping within room fan-coils and unit ventilators tested and rated according to AHRI 440 (except that the sampling and variation provisions of Section 6.5 shall not apply) and AHRI 840, respectively. 3. Piping that conveys fluids that have a design operating temperature range between 60°F (15°C) and 105°F (41°C). 4. Piping that conveys fluids that have not been heated or cooled through the use of fossil fuels or electric power. 5. Strainers, control valves, and balancing valves associated with piping 1 inch (25 mm) or less in diameter. 6. Direct buried piping that conveys fluids at or below 60°F (15°C). 7. In radiant heating systems, sections of piping intended by design to radiate heat. C403.12.3.1 Protection of piping insulation. Piping insulation exposed to the weather shall be protected from damage, including that caused by sunlight, moisture, equipment maintenance and wind, and shall provide shielding from solar radiation that can cause degradation of the material. Adhesive tape shall not be permitted. C403.13 Mechanical systems located outside of the building thermal envelope. Mechanical systems providing heat or cooling outside of the thermal envelope of a building shall comply with Sections C403.13.1 through C403.13.3. C403.13.1 Heating outside a building. Systems installed to provide heat outside the building thermal envelope shall be electric 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. Controls shall be configured to allow the system to operate for four hours maximum per day C403.13.2 Cooling outside a building. Systems installed to provide cooling outside the building thermal envelope shall be prohibited. C403.13.3 Snow- and ice-melt systems. Snow- and ice-melting systems shall comply with C403.13.3.1 through C403.13.3.3. C403.13.3.1 Controls. Snow- and ice-melting systems shall include automatic controls configured to shut off the system when the temperature of the snow melted surface is above 40°F (4°C) and precipitation is not falling, and an automatic or manual control that is configured to shut off when the outdoor temperature is above 40°F (4°C). Exception: Heat mats controlled by a factory installed thermostat configured to energize the mat when the outdoor temperature is less than 35°F maximum and configured to deenergize the mat when the outdoor temperature is greater than 50°F maximum. C403.13.3.2 Insulation. Minimum R-10 insulation shall be installed under the snow melted surface. Exceptions: 1. Integrated pedestal system products over conditioned space or on above grade decks with minimum R-4 integral insulation plus minimum R-6 insulation under the air space. 2. Heat mats C403.13.3.3 Equipment. Electric resistance and heat pump heaters are permitted. Where condensing boilers are used, the boiler supply water temperature shall be 130°F maximum to allow for efficient boiler operation. C403.13.4 Roof and gutter deicing controls. Roof and gutter deicing systems, including but not limited to self-regulating cable, shall include automatic controls that are configured to shut off the system when the outdoor temperature is above 40°F (4°C) and that include one of the following: 1. A moisture sensor configured to shut off the system in the absence of moisture, or 2. A daylight sensor or other means configured to shut off the system between sunset and sunrise. C403.13.5 Freeze protection system controls. Freeze protection systems, such as heat tracing of outdoor piping and heat exchangers, including self-regulating heat tracing, shall include automatic controls configured to shut off the systems when outdoor air temperatures are above 40°F (4°C) or when the conditions of the protected fluid will prevent freezing. TABLE C403.12.3 MINIMUM PIPE INSULATION THICKNESS (in inches)a, c FLUID OPERATING TEMPERATURE RANGE AND USAGE (°F) INSULATION CONDUCTIVITY NOMINAL PIPE OR TUBE SIZE (inches) Conductivity Btu × in./(h × ft2 × °F)b Mean Rating Temperature, °F < 1 1 to < 11/2 11/2 to < 4 4 to < 8 > 8 > 350 0.32–0.34 250 4.5 5.0 5.0 5.0 5.0 251–350 0.29–0.32 200 3.0 4.0 4.5 4.5 4.5 201–250 0.27–0.30 150 2.5 2.5 2.5 3.0 3.0 141–200 0.25–0.29 125 1.5 1.5 2.0 2.0 2.0 105–140 0.21–0.28 100 1.0 1.0 1.5 1.5 1.5 40–60 0.21–0.27 75 0.5 0.5 1.0 1.0 1.0 < 40 0.20–0.26 50 0.5 1.0 1.0 1.0 1.5 For SI: 1 inch = 25.4 mm, °C = [(°F) – 32]/1.8. a. For piping smaller than 11/2 inches and located in partitions within conditioned spaces, reduction of these thicknesses by 1 inch shall be permitted (before thickness adjustment required in Note b) but not to a thickness less than 1 inch. b. For insulation outside the stated conductivity range, the minimum thickness (T) shall be determined as follows: T = r[(1 + t/r)K/k – 1] where: T = Minimum insulation thickness. r = Actual outside radius of pipe. t = Insulation thickness listed in the table for applicable fluid temperature and pipe size. K = Conductivity of alternate material at mean rating temperature indicated for the applicable fluid temperature (Btu × in/h × ft2 × °F). k = The upper value of the conductivity range listed in the table for the applicable fluid temperature. c. For direct-buried heating and hot water system piping, reduction of these thicknesses by 11/2 inches (38 mm) shall be permitted (before thickness adjustment required in Note b but not to thicknesses less than 1 inch. C403.14 Operable opening interlocking controls. The heating and cooling systems shall have controls that will interlock these mechanical systems to the set temperatures of 90ºF (32ºC) for cooling and 55ºF (12.7ºC) for heating when the conditions of Section C402.5.8 exist. The controls shall configure to shut off the systems entirely when the outdoor temperatures are below 90ºF (32ºC) or above 55ºF (12.7ºC). SECTION C404 SERVICE WATER HEATING C404.1 General. This section covers the minimum efficiency of, and controls for, service water-heating equipment and insulation of service hot water piping. C404.2 Service water-heating equipment performance efficiency. Water-heating equipment and hot water storage tanks shall meet the requirements of Table C404.2. The efficiency shall be verified through data furnished by the manufacturer of the equipment or through certification under an approved certification program. Water-heating equipment intended to be used to provide space heating shall meet the applicable provisions of Table C404.2. C404.2.1 High input service water-heating systems. Gas-fired water-heating equipment installed in new buildings shall be in compliance with this section. Where a singular piece of water-heating equipment serves the entire building and the input rating of the equipment is 1,000,000 Btu/h (293 kW) or greater, such equipment shall have a thermal efficiency, Et, of not less than 92 percent. Where multiple pieces of water-heating equipment serve the building and the combined input rating of the water-heating equipment is 1,000,000 Btu/h (293 kW) or greater, the combined input- capacity-weighted-average thermal efficiency, Et, shall be not less than 90 percent. Exceptions: 1. Where not less than 25 percent of the annual service water-heating requirement is provided by on-site renewable energy or site-recovered energy, the minimum thermal efficiency requirements of this section shall not apply. 2. The input rating of water heaters installed in individual dwelling units shall not be required to be included in the total input rating of service water-heating equipment for a building. 3. The input rating of water heaters with an input rating of not greater than 100,000 Btu/h (29.3 kW) shall not be required to be included in the total input rating of service water-heating equipment for a building. TABLE C404.2 MINIMUM PERFORMANCE OF WATER-HEATING EQUIPMENT EQUIPMENT TYPE SIZE CATEGORY (input) SUBCATEGORY OR RATING CONDITION PERFORMANCE REQUIREDa, b TEST PROCEDURE Water heaters, electric ≤ 12 kWd Tabletope, ≥ 20 gallons and ≤ 120 gallons 0.93 – 0.00132V, EF DOE 10 CFR Part 430 Resistance ≥ 20 gallons and ≤ 55 gallons 0.960 – 0.0003V, EF Grid-enabledf > 75 gallons and ≤ 120 gallons 1.061 – 0.00168V, EF > 12 kW Resistance (0.3 + 27/Vm), %/h ANSI Z21.10.3 ≤ 24 amps and ≤ 250 volts Heat pump > 55 gallons and ≤ 120 gallons 2.057 – 0.00113V, EF DOE 10 CFR Part 430 Storage water heaters, gas ≤ 75,000 Btu/h ≥ 20 gallons and > 55 gallons 0.675 – 0.0015V, EF DOE 10 CFR Part 430 > 55 gallons and ≤ 100 gallons 0.8012 – 0.00078V, EF > 75,000 Btu/h and ≤ 155,000 Btu/h < 4,000 Btu/h/gal 80% Et (Q/800 + 110 V)SL, Btu/h ANSI Z21.10.3 > 155,000 Btu/h < 4,000 Btu/h/gal 80% Et (Q/800 + 110 V)SL, Btu/h Instantaneous water heaters, gas > 50,000 Btu/h and < 200,000 Btu/hc ≥ 4,000 Btu/h/gal and < 2 gal 0.82 – 0.00 19V, EF DOE 10 CFR Part 430 ≥ 200,000 Btu/h ≥ 4,000 Btu/h/gal and < 10 gal 80% Et ANSI Z21.10.3 ≥ 200,000 Btu/h ≥ 4,000 Btu/h/gal and ≥ 10 gal 80% Et (Q/800 + 110 V)SL, Btu/h Storage water heaters, oil ≤ 105,000 Btu/h ≥ 20 gal and ≤ 50 gallons 0.68 – 0.0019V, EF DOE 10 CFR Part 430 ≥ 105,000 Btu/h < 4,000 Btu/h/gal 80% Et (Q/800 + 110 V)SL, Btu/h ANSI Z21.10.3 Instantaneous water heaters, oil ≤ 210,000 Btu/h ≥ 4,000 Btu/h/gal and < 2 gal 0.59 – 0.0019V, EF DOE 10 CFR Part 430 > 210,000 Btu/h ≥ 4,000 Btu/h/gal and < 10 gal 80% Et ANSI Z21.10.3 > 210,000 Btu/h ≥ 4,000 Btu/h/gal and ≥ 10 gal 78% Et (Q/800 + 110 V)SL, Btu/h Hot water supply boilers, gas and oil ≥ 300,000 Btu/h and < 12,500,000 Btu/h ≥ 4,000 Btu/h/gal and < 10 gal 80% Et ANSI Z21.10.3 Hot water supply boilers, gas ≥ 300,000 Btu/h and < 12,500,000 Btu/h ≥ 4,000 Btu/h/gal and ≥ 10 gal 80% Et (Q/800 + 110 V)SL, Btu/h Hot water supply boilers, oil > 300,000 Btu/h and < 12,500,000 Btu/h > 4,000 Btu/h/gal and > 10 gal 78% Et (Q/800 + 110 V)SL, Btu/h Pool heaters, gas and oil All — 82% Et ASHRAE 146 Heat pump pool heaters All — 4.0 COP AHRI 1160 Unfired storage tanks All — Minimum insulation requirement R-12.5 (h × ft2 × °F)/Btu (none) (continued) TABLE C404.2—continued MINIMUM PERFORMANCE OF WATER-HEATING EQUIPMENT For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2, °C = [(°F) – 32]/1.8, 1 British thermal unit per hour = 0.2931 W, 1 gallon = 3.785 L, 1 British thermal unit per hour per gallon = 0.078 W/L. a. Energy factor (EF) and thermal efficiency (Et) are minimum requirements. In the EF equation, V is the rated volume in gallons. b. Standby loss (SL) is the maximum Btu/h based on a nominal 70°F temperature difference between stored water and ambient requirements. In the SL equation, Q is the nameplate input rate in Btu/h. In the equations for electric water heaters, V is the rated volume in gallons and Vm is the measured volume in gallons. In the SL equation for oil and gas water heaters and boilers, V is the rated volume in gallons. c. Instantaneous water heaters with input rates below 200,000 Btu/h shall comply with these requirements where the water heater is designed to heat water to temperatures 180°F or higher. d. Electric water heaters with an input rating of 12 kW (40,950 Btu/h) or less that are designed to heat water to temperatures of 180°F or greater shall comply with the requirements for electric water heaters that have an input rating greater than 12 kW (40,950 Btu/h). e A tabletop water heater is a water heater that is enclosed in a rectangular cabinet with a flat top surface not more than 3 feet in height. f. A grid-enabled water heater is an electric-resistance water heater that meets all of the following: 1. Has a rated storage tank volume of more than 75 gallons. 2. Was manufactured on or after April 16, 2015. 3. Is equipped at the point of manufacture with an activation lock. 4. Bears a permanent label applied by the manufacturer that complies with all of the following: 4.1. Is made of material not adversely affected by water. 4.2. Is attached by means of nonwater-soluble adhesive. 4.3. Advises purchasers and end users of the intended and appropriate use of the product with the following notice printed in 16.5 point Arial Narrow Bold font: “IMPORTANT INFORMATION: This water heater is intended only for use as part of an electric thermal storage or demand response program. It will not provide adequate hot water unless enrolled in such a program and activated by your utility company or another program operator. Confirm the availability of a program in your local area before purchasing or installing this product.” C404.3 Heat traps for hot water storage tanks. Storage tank-type water heaters and hot water storage tanks that have vertical water pipes connecting to the inlet and outlet of the tank shall be provided with integral heat traps at those inlets and outlets or shall have pipe-configured heat traps in the piping connected to those inlets and outlets. Tank inlets and outlets associated with solar water heating system circulation loops shall not be required to have heat traps. C404.4 Insulation of piping. Piping from a water heater to the termination of the heated water fixture supply pipe shall be insulated in accordance with Table C403.12.3. On both the inlet and outlet piping of a storage water heater or heated water storage tank, the piping to a heat trap or the first 8 feet (2438 mm) of piping, whichever is less, shall be insulated. Piping that is heat traced shall be insulated in accordance with Table C403.12.3 or the heat trace manufacturer’s instructions. Tubular pipe insulation shall be installed in accordance with the insulation manufacturer’s instructions. Pipe insulation shall be continuous except where the piping passes through a framing member. The minimum insulation thickness requirements of this section shall not supersede any greater insulation thickness requirements necessary for the protection of piping from freezing temperatures or the protection of personnel against external surface temperatures on the insulation. Exception: Tubular pipe insulation shall not be required on the following: 1. The tubing from the connection at the termination of the fixture supply piping to a plumbing fixture or plumbing appliance. 2. Valves, pumps, strainers and threaded unions in piping that is 1 inch (25 mm) or less in nominal diameter. 3. Piping from user-controlled shower and bath mixing valves to the water outlets. 4. Cold-water piping of a demand recirculation water system. 5. Tubing from a hot drinking-water heating unit to the water outlet. 6. Piping at locations where a vertical support of the piping is installed. 7. Piping surrounded by building insulation with a thermal resistance (R-value) of not less than R-3. C404.5 Heated water supply piping. Heated water supply piping shall be in accordance with Section C404.5.1 or C404.5.2. The flow rate through 1/4-inch (6.4 mm) piping shall be not greater than 0.5 gpm (1.9 L/m). The flow rate through 5/16-inch (7.9 mm) piping shall be not greater than 1 gpm (3.8 L/m). The flow rate through 3/8-inch (9.5 mm) piping shall be not greater than 1.5 gpm (5.7 L/m). C404.6 Heated-water circulating and temperature maintenance systems. Heated-water circulation systems shall be in accordance with Section C404.6.1. Heat trace temperature maintenance systems shall be in accordance with Section C404.6.2. Controls for hot water storage shall be in accordance with Section C404.6.3. Automatic controls, temperature sensors and pumps shall be in a location with access. Manual controls shall be in a location with ready access. C404.6.1 Circulation systems. Heated-water circulation systems shall be provided with a circulation pump. The system return pipe shall be a dedicated return pipe or a cold water supply pipe. Gravity and thermo-syphon circulation systems shall be prohibited. Controls for circulating hot water system pumps shall automatically turn off the pump when the water in the circulation loop is at the desired temperature and when there is not a demand for hot water. The controls shall limit the temperature of the water entering the cold water piping to not greater than 104ºF (40°C). C404.6.1.1 Demand recirculation controls. Demand recirculation water systems shall have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance, sensing the presence of a user of a fixture, or sensing the flow of hot or tempered water to a fixture fitting or appliance. C404.6.2 Heat trace systems. Electric heat trace systems shall comply with IEEE 515.1. Controls for such systems shall be able to automatically adjust the energy input to the heat tracing to maintain the desired water temperature in the piping in accordance with the times when heated water is used in the occupancy. Heat trace shall be arranged to be turned off automatically when there is not a demand for hot water. C404.6.3 Controls for hot water storage. The controls on pumps that circulate water between a water heater and a heated-water storage tank shall limit operation of the pump from heating cycle startup to not greater than 5 minutes after the end of the cycle. TABLE C404.5.2.1 INTERNAL VOLUME OF VARIOUS WATER DISTRIBUTION TUBING OUNCES OF WATER PER FOOT OF TUBE Nominal Size (inches) Copper Type M Copper Type L Copper Type K CPVC CTS SDR 11 CPVC SCH 40 CPVC SCH 80 PE-RT SDR 9 Composite ASTM F1281 PEX CTS SDR 9 3/8 1.06 0.97 0.84 N/A 1.17 — 0.64 0.63 0.64 1/2 1.69 1.55 1.45 1.25 1.89 1.46 1.18 1.31 1.18 3/4 3.43 3.22 2.90 2.67 3.38 2.74 2.35 3.39 2.35 1 5.81 5.49 5.17 4.43 5.53 4.57 3.91 5.56 3.91 11/4 8.70 8.36 8.09 6.61 9.66 8.24 5.81 8.49 5.81 11/2 12.18 11.83 11.45 9.22 13.20 11.38 8.09 13.88 8.09 2 21.08 20.58 20.04 15.79 21.88 19.11 13.86 21.48 13.86 For SI: 1 foot = 304.8 mm, 1 inch = 25.4 mm, 1 liquid ounce = 0.030 L, 1 oz/ft2 = 305.15 g/m2. N/A = Not Available. C404.7 Drain water heat recovery units. Drain water heat recovery units shall comply with CSA B55.2. Potable waterside pressure loss shall be less than 10 psi (69 kPa) at maxi- mum design flow. For Group R occupancies, the efficiency of drain water heat recovery unit efficiency shall be in accordance with CSA B55.1. C404.8 Energy consumption of pools and permanent spas. The energy consumption of pools and permanent spas shall be controlled by the requirements of APSP 15 and Sections C404.8.1 through C404.8.4. C404.8.1 Heaters. The electric power to all heaters shall be controlled by an on-off switch that is an integral part of the heater, mounted on the exterior of the heater, or external to and within 3 feet (914 mm) of the heater in a location with ready access. Operation of such switch shall not change the setting of the heater thermostat. Such switches shall be in addition to a circuit breaker for the power to the heater. Gas-fired heaters shall not be equipped with continuously burning ignition pilots. C404.8.2 Time switches. Time switches or other control methods shall be installed for heaters and pump motors that are configured to turn off and on and/or vary speed of heaters and pump motors according to a preset schedule to save energy use . Heaters and pump motors that have built-in time switches shall be in compliance with this section. Exceptions: 1. Where public health standards require 24-hour pump operation. 2. Pumps that operate solar and waste-heat recovery pool heating systems. C404.8.3 Covers. Outdoor heated pools and outdoor permanent spas shall be provided with a vapor-retardant cover with minimum insulation value of R-2. C404.8.4 Insulation. Swimming pools and permanent spas shall have insulation on the sides and bottom surfaces located on the exterior. The type of insulation shall be impermeable and impervious to water logging or saturation and unaffected by water, mold, mildew, and have capability to resist compression. The insulation value shall be a minimum of R-15. C404.9 Portable spas. The energy consumption of electric powered portable spas shall be controlled by the requirements of APSP 14. C409.1 Covers. Portable spas shall be provided with a cover with a minimum insulation value of R-12. SECTION C405 ELECTRICAL POWER AND LIGHTING SYSTEMS C405.1 General. Electrical power, lighting, generation, and storage systems shall comply with this section. Sleeping units shall comply with Section C405.2.4 and with either Section C405.1.1 or C405.3. General lighting shall consist of all lighting included when calculating the total connected interior lighting power in accordance with Section C405.3.1 and which does not require specific application controls in accordance with Section C405.2.4. Transformers, uninterruptable power supplies, motors and electrical power processing equipment in data center systems shall comply with Section 8 of ASHRAE 90.4 in addition to this code. C405.1.1 Lighting for dwelling units. Permanently installed lighting serving sleeping units and dwelling units, excluding kitchen appliance lighting, shall be provided by lamps with an efficacy of not less than 65 lm/W or luminaires with an efficacy of not less than 45 lm/W, or shall comply with Sections C405.2.5 and C405.3. C405.2 Lighting controls. Lighting systems shall be provided with controls that comply with one of the following. 1. Lighting controls as specified in Sections C405.2.1 through C405.2.7. 2. Luminaire level lighting controls (LLLC) and lighting controls as specified in Sections C405.2.1, C405.2.5 and C405.2.6. The LLLC luminaire shall be independently capable of: 2.1. Monitoring occupant activity to brighten or dim lighting when occupied or unoccupied, respectively. 2.2. Monitoring ambient light, both electric light and daylight, and brighten or dim artificial light to maintain desired light level. 2.3. For each control strategy, configuration and reconfiguration of performance parameters including; bright and dim setpoints, timeouts, dimming fade rates, sensor sensitivity adjustments, and wireless zoning configurations. Exceptions: Lighting controls are not required for the following: 1. Areas designated as security or emergency areas that are required to be continuously lighted. 2. Interior exit stairways, interior exit ramps and exit passageways. 3. Emergency egress lighting that is normally off. C405.2.1 Occupant sensor controls. Occupant sensor controls shall be installed to control lights in the following space types: 1. Classrooms/lecture/training rooms. 2. Conference/meeting/multipurpose rooms. 3. Copy/print rooms. 4. Lounges/breakrooms. 5. Enclosed offices. 6. Open plan office areas. 7. Restrooms. 8. Storage rooms. 9. Locker rooms. 10. Corridors. 11. Warehouse storage areas. 12. Other spaces 300 square feet (28 m2) or less that are enclosed by floor-to-ceiling height partitions. Exception: Luminaires that are required to have specific application controls in accordance with Section C405.2.5. C405.2.1.1 Occupant sensor control function. Occupant sensor controls in warehouses shall comply with Section C405.2.1.2. Occupant sensor controls in open plan office areas shall comply with Section C405.2.1.3. Occupant sensor controls in corridors shall comply with Section C405.2.1.4. Occupant sensor controls for all other spaces specified in Section C405.2.1 shall comply with the following: 1. They shall automatically turn off lights within 20 minutes after all occupants have left the space. 2. They shall be manual on or controlled to automatically turn on the lighting to not more than 50-percent power. 3. They shall incorporate a manual control to allow occupants to turn off lights. Exception: Full automatic-on controls with no manual control shall be permitted in corridors, interior parking areas, stairways, restrooms, locker rooms, lobbies, library stacks and areas where manual operation would endanger occupant safety or security. C405.2.1.2 Occupant sensor control function in warehouse storage areas. Lighting in warehouse storage areas shall be controlled as follows: 1. Lighting in each aisleway shall be controlled independently of lighting in all other aisleways and open areas. 2. Occupant sensors shall automatically reduce lighting power within each controlled area to an occupied setpoint of not more than 50 percent within 20 minutes after all occupants have left the controlled area. 3. Lights that are not turned off by occupant sensors shall be turned off by time-switch control complying with Section C405.2.2.1. 4. A manual control shall be provided to allow occupants to turn off lights in the space. C405.2.1.3 Occupant sensor control function in open plan office areas. Occupant sensor controls in open plan office spaces less than 300 square feet (28 m2) in area shall comply with Section C405.2.1.1. Occupant sensor controls in all other open plan office spaces shall comply with all of the following: 1. The controls shall be configured so that general lighting can be controlled separately in control zones with floor areas not greater than 600 square feet (55 m2) within the open plan office space. 2. General lighting in each control zone shall be permitted to automatically turn on upon occupancy within the control zone. General lighting in other unoccupied zones within the open plan office space shall be permitted to turn on to not more than 20 percent of full power or remain unaffected. 3. The controls shall automatically turn off general lighting in all control zones within 20 minutes after all occupants have left the open plan office space. Exception: Where general lighting is turned off by time-switch control complying with Section C405.2.2.1. 4. General lighting in each control zone shall turn off or uniformly reduce lighting power to an unoccupied setpoint of not more than 20 percent of full power within 20 minutes after all occupants have left the control zone. C405.2.1.4 Occupant sensor control function in corridors. Occupant sensor controls in corridors shall uniformly reduce lighting power to not more than 50 percent of full power within 20 minutes after all occupants have left the space. Exception: Corridors provided with less than two footcandles of illumination on the floor at the darkest point with all lights on. C405.2.2 Time-switch controls. Each area of the building that is not provided with occupant sensor controls complying with Section C405.2.1.1 shall be provided with time-switch controls complying with Section C405.2.2.1. Exceptions: 1. Luminaires that are required to have specific application controls in accordance with Section C405.2.4. 2. Spaces where patient care is directly provided. 3. Spaces where an automatic shutoff would endanger occupant safety or security. 4. Lighting intended for continuous operation. 5. Shop and laboratory classrooms. C405.2.2.1 Time-switch control function. Time- switch controls shall comply with all of the following: 1. Automatically turn off lights when the space is scheduled to be unoccupied. 2. Have a minimum 7-day clock. 3. Be capable of being set for seven different day types per week. 4. Incorporate an automatic holiday “shutoff” feature, which turns off all controlled lighting loads for not fewer than 24 hours and then resumes normally scheduled operations. 5. Have program backup capabilities, which prevent the loss of program and time settings for not fewer than 10 hours, if power is interrupted. 6. Include an override switch that complies with the following: 6.1. The override switch shall be a manual control. 6.2. The override switch, when initiated, shall permit the controlled lighting to remain on for not more than 2 hours. 6.3. Any individual override switch shall control the lighting for an area not larger than 5,000 square feet (465 m2). Exception: Within mall concourses, auditoriums, sales areas, manufacturing facilities and sports arenas: 1. The time limit shall be permitted to be greater than 2 hours, provided that the switch is a captive key device. 2. The area controlled by the override switch shall not be limited to 5,000 square feet (465 m2) provided that such area is less than 20,000 square feet (1860 m2). C405.2.3 Light-reduction controls. Where not provided with occupant sensor controls complying with Section C405.2.1.1, general lighting shall be provided with light- reduction controls complying with Section C405.2.3.1. Exceptions: 1. Luminaires controlled by daylight responsive controls complying with Section C405.2.4. 2. Luminaires controlled by special application controls complying with Section C405.2.5. 3. Where provided with manual control, the following areas are not required to have light-reduction control: 3.1. Spaces that have only one luminaire with a rated power of less than 60 watts. 3.2. Spaces that use less than 0.45 watts per square foot (4.9 W/m²). 3.3. Corridors, lobbies, electrical rooms and/or mechanical rooms. C405.2.3.1 Light-reduction control function. Spaces required to have light-reduction controls shall have a manual control that allows the occupant to reduce the connected lighting load by not less than 50 percent in a reasonably uniform illumination pattern with an inter-mediate step in addition to full on or off, or with continuous dimming control, using one of the following or another approved method: 1. Continuous dimming of all luminaires from full output to less than 20 percent of full power. 2. Switching all luminaires to a reduced output of not less than 30 percent and not more than 70 percent of full power. 3. Switching alternate luminaires or alternate rows of luminaires to achieve a reduced output of not less than 30 percent and not more than 70 percent of full power. C405.2.4 Daylight-responsive controls. Daylight-responsive controls complying with Section C405.2.4.1 shall be provided to control the general lighting within daylight zones in the following spaces: 1. Spaces with a total of more than 150 watts of general lighting within primary sidelit daylight zones complying with Section C405.2.4.2. 2. Spaces with a total of more than 300 watts of general lighting within sidelit daylight zones complying with Section C405.2.4.2. 3. Spaces with a total of more than 150 watts of general lighting within toplit daylight zones complying with Section C405.2.4.3. Exceptions: Daylight responsive controls are not required for the following: 1. Spaces in health care facilities where patient care is directly provided. 2. Sidelit daylight zones on the first floor above grade in Group A-2 and Group M occupancies. 3. New buildings where the total connected lighting power calculated in accordance with Section C405.3.1 is not greater than the adjusted interior lighting power allowance (LPAadj) calculated in accordance with Equation 4-9. LPAadj = [LPAnorm × (1.0 - 0.4 × UDZFA / TBFA)] (Equation 4-9) where: LPAadj = Adjusted building interior lighting power allowance in watts. LPAnorm = Normal building lighting power allowance in watts calculated in accordance with Section C405.3.2 and reduced in accordance with Section C406.3 where Option 2 of Section C406.1 is used to comply with the requirements of Section C406. UDZFA = Uncontrolled daylight zone floor area is the sum of all sidelit and toplit zones, calculated in accordance with Sections C405.2.4.2 and C405.2.4.3, that do not have daylight responsive controls. TBFA = Total building floor area is the sum of all floor areas included in the lighting power allowance calculation in Section C405.3.2. C405.2.4.1 Daylight-responsive control function. Where required, daylight-responsive controls shall be provided within each space for control of lights in that space and shall comply with all of the following: 1. Lights in toplit daylight zones in accordance with Section C405.2.4.3 shall be controlled independently of lights in sidelit daylight zones in accordance with Section C405.2.4.2. 2. Lights in the primary sidelit daylight zone shall be controlled independently of lights in the secondary sidelit daylight zone. 3. Daylight responsive controls within each space shall be configured so that they can be calibrated from within that space by authorized personnel. 4. Calibration mechanisms shall be in a location with ready access. 5. Daylight responsive controls shall dim lights continuously from full light output to 15 percent of full light output or lower. 6. Daylight responsive controls shall be configured to completely shut off all controlled lights. 7. When occupant sensor controls have reduced the lighting power to an unoccupied setpoint in accordance with Sections C405.2.1.2 through C405.2.1.4, daylight responsive controls shall continue to adjust electric light levels in response to available daylight, but shall be configured to not increase the lighting power above the specified unoccupied setpoint. 8. Lights in sidelit daylight zones in accordance with Section C405.2.4.2 facing different cardi- nal orientations [within 45 degrees (0.79 rad) of due north, east, south, west] shall be controlled independently of each other. Exceptions: 1. Within each space, up to 150 watts of lighting within the primary sidelit daylight zone is permitted to be controlled together with lighting in a primary sidelit daylight zone facing a different cardinal orientation. 2. Within each space, up to 150 watts of lighting within the secondary sidelit daylight zone is permitted to be controlled together with lighting in a secondary sidelit daylight zone facing a different cardinal orientation. C405.2.4.2 Sidelit daylight zone. The sidelit daylight zone is the floor area adjacent to vertical fenestration that complies with all of the following: 1. Where the fenestration is located in a wall, the sidelit daylight zone shall extend laterally to the nearest full-height wall, or up to 1.0 times the height from the floor to the top of the fenestration, and longitudinally from the edge of the fenestration to the nearest full-height wall, or up to 0.5 times the height from the floor to the top of the fenestration, whichever is less, as indicated in Figure C405.2.4.2(1). 2. Where the fenestration is located in a rooftop monitor, the sidelit daylight zone shall extend laterally to the nearest obstruction that is taller than 0.7 times the ceiling height, or up to 1.0 times the height from the floor to the bottom of the fenestration, whichever is less, and longitudinally from the edge of the fenestration to the nearest obstruction that is taller than 0.7 times the ceiling height, or up to 0.25 times the height from the floor to the bottom of the fenestration, whichever is less, as indicated in Figures C405.2.4.2(2) and C405.2.4.2(3). 3. The secondary sidelit daylight zone is directly adjacent to the primary sidelit daylight zone and shall extend laterally to 2.0 times the height from the floor to the top of the fenestration or to the nearest full height wall, whichever is less, and longitudinally from the edge of the fenestration to the nearest full height wall, or up to 2 feet, whichever is less, as indicated in Figure C405.2.4.2(1). The area of secondary sidelit zones shall not be considered in the calculation of the daylight zones in Section C402.4.1.1. 4. The area of the fenestration is not less than 24 square feet (2.23 m2). 5. The distance from the fenestration to any building or geological formation that would block access to daylight is greater than one-half of the height from the bottom of the fenestration to the top of the building or geologic formation. 6. The visible transmittance of the fenestration is not less than 0.20. 7. The projection factor (determined in accordance with Equation 4-5) for any overhanging projection that is shading the fenestration is not greater than 1.0 for fenestration oriented 45 degrees or less from true north and not greater than 1.5 for all other orientations. FIGURE C405.2.4.2(1) PRIMARY AND SECONDARY SIDELIT DAYLIGHT ZONES FIGURE C405.2.4.2(2) DAYLIGHT ZONE UNDER A ROOFTOP MONITOR FIGURE C405.2.4.2(3) DAYLIGHT ZONE UNDER A SLOPED ROOFTOP MONITOR C405.2.4.3 Toplit daylight zone. The toplit daylight zone is the floor area underneath a roof fenestration assembly that complies with all of the following: 1. The toplit daylight zone shall extend laterally and longitudinally beyond the edge of the roof fenestration assembly to the nearest obstruction that is taller than 0.7 times the ceiling height, or up to 0.7 times the ceiling height, whichever is less, as indicated in Figure C405.2.4.3. 2. Direct sunlight is not blocked from hitting the roof fenestration assembly at the peak solar angle on the summer solstice by buildings or geological formations. 3. The product of the visible transmittance of the roof fenestration assembly and the area of the rough opening of the roof fenestration assembly divided by the area of the toplit zone is not less than 0.008. C405.2.4.4 Atriums. Daylight zones at atrium spaces shall be established at the top floor surrounding the atrium and at the floor of the atrium space, and not on intermediate floors, as indicated in Figure C405.2.4.4. FIGURE C405.2.4.3 TOPLIT DAYLIGHT ZONE C405.2.4.4 DAYLIGHT ZONES AT A MULTISTORY ATRIUM C405.2.5 Specific application controls. Specific application controls shall be provided for the following: 1. The following lighting shall be controlled by an occupant sensor complying with Section C405.2.1.1 or a time- switch control complying with Section C405.2.2.1. In addition, a manual control shall be provided to control such lighting separately from the general lighting in the space: 1.1. Luminaires for which additional lighting power is claimed in accordance with Section C405.3.2.2.1. 1.2. Display and accent. 1.3. Lighting in display cases. 1.4. Supplemental task lighting, including permanently installed under-shelf or under-cabinet lighting. 1.5. Lighting equipment that is for sale or demonstration in lighting education. 1.6. Display lighting for exhibits in galleries, museums and monuments that is in addition to general lighting. 2. Sleeping units shall have control devices or systems that are configured to automatically switch off all permanently installed luminaires and switched receptacles within 20 minutes after all occupants have left the unit. Exceptions: 1. Lighting and switched receptacles controlled by card key controls. 2. Spaces where patient care is directly provided. 3. Permanently installed luminaires within dwelling units shall be provided with controls complying with Section C405.2.1.1 or C405.2.3.1. 4. Lighting for nonvisual applications, such as plant growth and food warming, shall be controlled by a time switch control complying with Section C405.2.2.1 that is independent of the controls for other lighting within the room or space. 5. Task lighting for medical and dental purposes that is in addition to general lighting shall be provided with a manual control. C405.2.6 Manual controls. Where required by this code, manual controls for lights shall comply with the following: 1. They shall be in a location with ready access to occupants. 2. They shall be located where the controlled lights are visible, or shall identify the area served by the lights and indicate their status. C405.2.7 Exterior lighting controls. Exterior lighting systems shall be provided with controls that comply with Sections C405.2.7.1 through C405.2.7.4. Exceptions: 1. Lighting for covered vehicle entrances and exits from buildings and parking structures where required for eye adaptation. 2. Lighting controlled from within dwelling units. C405.2.7.1 Daylight shutoff. Lights shall be automatically turned off when daylight is present and satisfies the lighting needs. C405.2.7.2 Building facade and landscape lighting. Building facade and landscape lighting shall automati- cally shut off from not later than 1 hour after business closing to not earlier than 1 hour before business opening. C405.2.7.3 Lighting setback. Lighting that is not controlled in accordance with Section C405.2.7.2 shall comply with the following: 1. Be controlled so that the total wattage of such lighting is automatically reduced by not less than 50 percent by selectively switching off or dimming luminaires at one of the following times: 1.1. From not later than midnight to not earlier than 6 a.m. 1.2. From not later than one hour after busi- ness closing to not earlier than one hour before business opening. 1.3. During any time where activity has not been detected for 15 minutes or more. 2. Luminaires serving outdoor parking areas and having a rated input wattage of greater than 78 watts and a mounting height of 24 feet (7315 mm) or less above the ground shall be controlled so that the total wattage of such lighting is automatically reduced by not less than 50 percent during any time where activity has not been detected for 15 minutes or more. Not more than 1,500 watts of lighting power shall be controlled together. C405.2.7.4 Exterior time-switch control function. Time-switch controls for exterior lighting shall comply with the following: 1. They shall have a clock capable of being programmed for not fewer than 7 days. 2. They shall be capable of being set for seven different day types per week. 3. They shall incorporate an automatic holiday setback feature. 4. They shall have program backup capabilities that prevent the loss of program and time settings for a period of not less than 10 hours in the event that power is interrupted. C405.2.8 Parking garage lighting control. Parking garage lighting shall be controlled by an occupant sensor complying with Section C405.2.1.1 or a time-switch control complying with Section C405.2.2.1. Additional lighting controls shall be provided as follows: 1. Lighting power of each luminaire shall be automatically reduced by not less than 30 percent when there is no activity detected within a lighting zone for 20 minutes. Lighting zones for this requirement shall be not larger than 3,600 square feet (334.5 m2). Exception: Lighting zones provided with less than 1.5 footcandles of illumination on the floor at the darkest point with all lights on are not required to have automatic light-reduction controls. 2. Where lighting for eye adaptation is provided at covered vehicle entrances and exits from buildings and parking structures, such lighting shall be separately controlled by a device that automatically reduces lighting power by at least 50 percent from sunset to sunrise. 3. The power to luminaires within 20 feet (6096 mm) of perimeter wall openings shall automatically reduce in response to daylight by at least 50 percent. Exceptions: 1. Where the opening-to-wall ratio is less than 40 percent as viewed from the interior and encompassing the vertical distance from the driving surface to the lowest structural element. 2. Where the distance from the opening to any exterior daylight blocking obstruction is less than one-half the height from the bottom of the opening or fenestration to the top of the obstruction. 3. Where openings are obstructed by permanent screens or architectural elements restricting daylight entering the interior space. C405.3 Interior lighting power requirements. A building complies with this section where its total connected interior lighting power calculated under Section C405.3.1 is not greater than the interior lighting power allowance calculated under Section C405.3.2. C405.3.1 Total connected interior lighting power. The total connected interior lighting power shall be determined in accordance with Equation 4-10. TCLP = [LVL + BLL + LED + TRK + Other] (Equation 4-10) where: TCLP = Total connected lighting power (watts). LVL = For luminaires with lamps connected directly to building power, such as line voltage lamps, the rated wattage of the lamp. BLL = For luminaires incorporating a ballast or transformer, the rated input wattage of the ballast or transformer when operating that lamp. LED = For light-emitting diode luminaires with either integral or remote drivers, the rated wattage of the luminaire. TRK = For lighting track, cable conductor, rail conductor, and plug-in busway systems that allow the addition and relocation of luminaires without rewiring, the wattage shall be one of the following: 1. The specified wattage of the luminaires, but not less than 8 W per linear foot (25 W/lin m). 2. The wattage limit of the permanent current-limiting devices protecting the system. 3. The wattage limit of the transformer supplying the system. Other = The wattage of all other luminaires and lighting sources not covered previously and associated with interior lighting verified by data supplied by the manufacturer or other approved sources. The connected power associated with the following lighting equipment and applications is not included in calculating total connected lighting power. 1. Television broadcast lighting for playing areas in sports arenas. 2. Emergency lighting automatically off during normal building operation. 3. Lighting in spaces specifically designed for use by occupants with special lighting needs, including those with visual impairment and other medical and age-related issues. 4. Casino gaming areas. 5. Mirror lighting in dressing rooms. 6. Task lighting for medical and dental purposes that is in addition to general lighting. 7. Display lighting for exhibits in galleries, museums and monuments that is in addition to general lighting. 8. Lighting for theatrical purposes, including performance, stage, film production and video production. 9. Lighting for photographic processes. 10. Lighting integral to equipment or instrumentation and installed by the manufacturer. 11. Task lighting for plant growth or maintenance. 12. Advertising signage or directional signage. 13. Lighting for food warming. 14. Lighting equipment that is for sale. 15. Lighting demonstration equipment in lighting education facilities. 16. Lighting approved because of safety considerations. 17. Lighting in retail display windows, provided that the display area is enclosed by ceiling-height partitions. 18. Furniture-mounted supplemental task lighting that is controlled by automatic shutoff. 19. Exit signs. 20. Antimicrobial lighting used for the sole purpose of disinfecting a space. C405.3.2 Interior lighting power allowance. The total interior lighting power allowance (watts) for an entire building shall be determined according to Table C405.3.2(1) using the Building Area Method or Table C405.3.2(2) using the Space-by-Space Method. The inte- rior lighting power allowance for projects that involve only portions of a building shall be determined according to Table C405.3.2(2) using the Space-by-Space Method. Buildings with unfinished spaces shall use the Space-by- Space Method. TABLE C405.3.2(1) INTERIOR LIGHTING POWER ALLOWANCES: BUILDING AREA METHOD BUILDING AREA TYPE LPD (watts/ft2) Automotive facility 0.75 Convention center 0.64 Courthouse 0.79 Dining: bar lounge/leisure 0.80 Dining: cafeteria/fast food 0.76 Dining: family 0.71 Dormitorya, b 0.53 Exercise center 0.72 Fire stationa 0.56 Gymnasium 0.76 Health care clinic 0.81 Hospitala 0.96 Hotel/Motela, b 0.56 Library 0.83 Manufacturing facility 0.82 Motion picture theater 0.44 Multiple-familyc 0.45 Museum 0.55 Office 0.64 (continued) TABLE C405.3.2(1)—continued INTERIOR LIGHTING POWER ALLOWANCES: BUILDING AREA METHOD BUILDING AREA TYPE LPD (watts/ft2) Parking garage 0.18 Penitentiary 0.69 Performing arts theater 0.84 Police station 0.66 Post office 0.65 Religious building 0.67 Retail 0.84 School/university 0.72 Sports arena 0.76 Town hall 0.69 Transportation 0.50 Warehouse 0.45 Workshop 0.91 For SI: 1 watt per square foot = 10.76 w/m2. a. Where sleeping units are excluded from lighting power calculations by application of Section R404.1, neither the area of the sleeping units nor the wattage of lighting in the sleeping units is counted. b. Where dwelling units are excluded from lighting power calculations by application of Section R404.1, neither the area of the dwelling units nor the wattage of lighting in the dwelling units is counted. c. Dwelling units are excluded. Neither the area of the dwelling units nor the wattage of lighting in the dwelling units is counted. TABLE C405.3.2(2) INTERIOR LIGHTING POWER ALLOWANCES: SPACE-BY-SPACE METHOD COMMON SPACE TYPESa LPD (watts/ft²) Atrium Less than 40 feet in height 0.48 Greater than 40 feet in height 0.60 Audience seating area In an auditorium 0.61 In a gymnasium 0.23 In a motion picture theater 0.27 In a penitentiary 0.67 In a performing arts theater 1.16 In a religious building 0.72 In a sports arena 0.33 Otherwise 0.33 Banking activity area 0.61 Breakroom (See Lounge/breakroom) Classroom/lecture hall/training room In a penitentiary 0.89 Otherwise 0.71 Computer room, data center 0.94 Conference/meeting/multipurpose room 0.97 Copy/print room 0.31 (continued) TABLE C405.3.2(2)—continued INTERIOR LIGHTING POWER ALLOWANCES: SPACE-BY-SPACE METHOD (continued) TABLE C405.3.2(2)—continued INTERIOR LIGHTING POWER ALLOWANCES: SPACE-BY-SPACE METHOD COMMON SPACE TYPESa LPD (watts/ft²) Seating area, general 0.23 Stairwell 0.49 Storage room 0.38 Vehicular maintenance area 0.60 Workshop 1.26 BUILDING TYPE SPECIFIC SPACE TYPESa LPD (watts/ ft²) Automotive (see Vehicular maintenance area) Convention Center—exhibit space 0.61 Dormitory—living quartersc, d 0.50 Facility for the visually impairedb In a chapel (and not used primarily by the staff) 0.70 In a recreation room (and not used primarily by the staff) 1.77 Fire Station—sleeping quartersc 0.23 Gymnasium/fitness center In an exercise area 0.90 In a playing area 0.85 Healthcare facility In an exam/treatment room 1.40 In an imaging room 0.94 In a medical supply room 0.62 In a nursery 0.92 In a nurse’s station 1.17 In an operating room 2.26 In a patient roomc 0.68 In a physical therapy room 0.91 In a recovery room 1.25 Library In a reading area 0.96 In the stacks 1.18 Manufacturing facility In a detailed manufacturing area 0.80 In an equipment room 0.76 In an extra-high-bay area (greater than 50 feet floor-to-ceiling height) 1.42 In a high-bay area (25–50 feet floor-to- ceiling height) 1.24 In a low-bay area (less than 25 feet floor-to-ceiling height) 0.86 Museum In a general exhibition area 0.31 In a restoration room 1.10 Performing arts theater—dressing room 0.41 Post office—sorting area 0.76 (continued) TABLE C405.3.2(2)—continued INTERIOR LIGHTING POWER ALLOWANCES: SPACE-BY-SPACE METHOD COMMON SPACE TYPESa LPD (watts/ft²) Religious buildings In a fellowship hall 0.54 In a worship/pulpit/choir area 0.85 Retail facilities In a dressing/fitting room 0.51 In a mall concourse 0.82 Sports arena—playing area For a Class I facilitye 2.94 For a Class II facilityf 2.01 For a Class III facilityg 1.30 For a Class IV facilityh 0.86 Transportation facility At a terminal ticket counter 0.51 In a baggage/carousel area 0.39 In an airport concourse 0.25 Warehouse—storage area For medium to bulky, palletized items 0.33 For smaller, hand-carried items 0.69 For SI: 1 foot = 304.8 mm, 1 watt per square foot = 10.76 w/m2. a. In cases where both a common space type and a building area specific space type are listed, the building area specific space type shall apply. b. A ‘Facility for the Visually Impaired’ is a facility that is licensed or will be licensed by local or state authorities for senior long-term care, adult daycare, senior support or people with special visual needs. c. Where sleeping units are excluded from lighting power calculations by application of Section R404.1, neither the area of the sleeping units nor the wattage of lighting in the sleeping units is counted. d. Where dwelling units are excluded from lighting power calculations by application of Section R404.1, neither the area of the dwelling units nor the wattage of lighting in the dwelling units is counted. e. Class I facilities consist of professional facilities; and semiprofessional, collegiate, or club facilities with seating for 5,000 or more spectators. f. Class II facilities consist of collegiate and semiprofessional facilities with seating for fewer than 5,000 spectators; club facilities with seating for between 2,000 and 5,000 spectators; and amateur league and high school facilities with seating for more than 2,000 spectators. g. Class III facilities consist of club, amateur league and high school facili- ties with seating for 2,000 or fewer spectators. h. Class IV facilities consist of elementary school and recreational facilities; and amateur league and high school facilities without provision for spectators. C405.3.2.1 Building Area Method. For the Building Area Method, the interior lighting power allowance is calculated as follows: 1. For each building area type inside the building, determine the applicable building area type and the allowed lighting power density for that type from Table C405.3.2(1). For building area types not listed, select the building area type that most closely represents the use of that area. For the purposes of this method, an “area” shall be defined as all contiguous spaces that accommodate or are associated with a single building area type. 2. Determine the floor area for each building area type listed in Table C405.3.2(1) and multiply this area by the applicable value from Table C405.3.2(1) to determine the lighting power (watts) for each building area type. 3. The total interior lighting power allowance (watts) for the entire building is the sum of the lighting power from each building area type. C405.3.2.2 Space-by-Space Method. Where a build- ing has unfinished spaces, the lighting power allowance for the unfinished spaces shall be the total connected lighting power for those spaces, or 0.2 watts per square foot (10.76 w/m2), whichever is less. For the Space-by-Space Method, the interior lighting power allowance is calculated as follows: 1. For each space enclosed by partitions that are not less than 80 percent of the ceiling height, determine the applicable space type from Table C405.3.2(2). For space types not listed, select the space type that most closely represents the proposed use of the space. Where a space has multiple functions, that space may be divided into separate spaces. 2. Determine the total floor area of all the spaces of each space type and multiply by the value for the space type in Table C405.3.2(2) to deter- mine the lighting power (watts) for each space type. 3. The total interior lighting power allowance (watts) shall be the sum of the lighting power allowances for all space types. C405.3.2.2.1 Additional interior lighting power. Where using the Space-by-Space Method, an increase in the interior lighting power allowance is permitted for specific lighting functions. Additional power shall be permitted only where the specified lighting is installed and controlled in accordance with Section C405.2.4. This additional power shall be used only for the specified luminaires and shall not be used for any other purpose. An increase in the interior lighting power allowance is permitted in the following cases: 1. For lighting equipment to be installed in sales areas specifically to highlight merchandise, the additional lighting power shall be determined in accordance with Equation 4-11. Additional interior lighting power allowance = 1000 W + (Retail Area 1 × 0.45 W/ft2) + (Retail Area 2 × 0.45W/ft2) + (Retail Area 3 × 1.05 W/ft2) + (Retail Area 4 × 1.87 W/ft2) For SI units: Additional interior lighting power allowance = 1000 W + (Retail Area 1 × 4.8 W/m2) + (Retail Area 2 × 4.84 W/m2) + (Retail Area 3 × 11 W/m2) + (Retail Area 4 × 20 W/m2) (Equation 4-11) where: Retail Area 1 = The floor area for all products not listed in Retail Area 2, 3 or 4. Retail Area 2 = The floor area used for the sale of vehicles, sporting goods and small electronics. Retail Area 3 = The floor area used for the sale of furniture, clothing, cosmetics and artwork. Retail Area 4 = The floor area used for the sale of jewelry, crystal and china. Exception: Other merchandise categories are permitted to be included in Retail Areas 2 through 4, provided that justification documenting the need for additional lighting power based on visual inspection, contrast or other critical display is approved by the code official. 2222C405.4 Lighting for plant growth and maintenance. Not less than 95 percent of the permanently installed luminaires used for plant growth and maintenance shall have a photon efficiency of not less than 1.6 μmol/J as defined in accordance with ANSI/ASABE S640. C405.5 Exterior lighting power requirements. The total connected exterior lighting power calculated in accordance with Section C405.5.1 shall be not greater than the exterior lighting power allowance calculated in accordance with Section C405.5.2. C405.5.1 Total connected exterior building exterior lighting power. The total exterior connected lighting power shall be the total maximum rated wattage of all lighting that is powered through the energy service for the building. Exception: Lighting used for the following applications shall not be included. 1. Lighting approved because of safety considerations. 2. Emergency lighting automatically off during normal business operation. 3. Exit signs. 4. Specialized signal, directional and marker lighting associated with transportation. 5. Advertising signage or directional signage. 6. Integral to equipment or instrumentation and installed by its manufacturer. 7. Theatrical purposes, including performance, stage, film production and video production. 8. Athletic playing areas. 9. Temporary lighting. 10. Industrial production, material handling, transportation sites and associated storage areas. 11. Theme elements in theme/amusement parks. 12. Used to highlight features of art, public monuments and the national flag. 13. Lighting for water features and swimming pools. 14. Lighting controlled from within dwelling units, where the lighting complies with Section R404.1. C405.5.2 Exterior lighting power allowance. The exterior lighting power allowance (watts) is calculated as follows: 1. Determine the Lighting Zone (LZ) for the building according to Table C405.5.2(1), unless otherwise specified by the code official. 2. For each exterior area that is to be illuminated by lighting that is powered through the energy service for the building, determine the applicable area type from Table C405.5.2(2). For area types not listed, select the area type that most closely represents the proposed use of the area. 3. Determine the total area or length of each area type and multiply by the value for the area type in Table C405.5.2(2) to determine the lighting power (watts) allowed for each area type. 4. The total exterior lighting power allowance (watts) is the sum of the base site allowance deter- mined according to Table C405.5.2(2), plus the watts from each area type. TABLE C405.5.2(1) EXTERIOR LIGHTING ZONES LIGHTING ZONE DESCRIPTION 1 Developed areas of national parks, state parks, forest land, and rural areas 2 Areas predominantly consisting of residential zoning, neighborhood business districts, light industrial with limited nighttime use and residential mixed-use areas 3 All other areas not classified as lighting zone 1, 2 or 4 4 High-activity commercial districts in major metropolitan areas as designated by the local land use planning authority TABLE C405.5.2(2) LIGHTING POWER ALLOWANCES FOR BUILDING EXTERIORS LIGHTING ZONES Zone 1 Zone 2 Zone 3 Zone 4 Base Site Allowance 350 W 400 W 500 W 900 W Uncovered Parking Areas Parking areas and drives 0.03 W/ft2 0.04 W/ft2 0.06 W/ft2 0.08 W/ft2 Building Grounds Walkways and ramps less than 10 feet wide 0.50 W/linear foot 0.50 W/linear foot 0.60 W/linear foot 0.70 W/linear foot Walkways and ramps 10 feet wide or greater, plaza areas, special feature areas 0.10 W/ft2 0.10 W/ft2 0.11 W/ft2 0.14 W/ft2 Dining areas 0.65 W/ft2 0.65 W/ft2 0.75 W/ft2 0.95 W/ft2 Stairways 0.60 W/ft2 0.70 W/ft2 0.70 W/ft2 0.70 W/ft2 Pedestrian tunnels 0.12 W/ft2 0.12 W/ft2 0.14 W/ft2 0.21 W/ft2 Landscaping 0.03 W/ft2 0.04 W/ft2 0.04 W/ft2 0.04 W/ft2 Building Entrances and Exits Pedestrian and vehicular entrances and exits W/linear foot of opening W/linear foot of opening W/linear foot of opening W/linear foot of opening Entry canopies 0.20 W/ft2 0.25 W/ft2 0.40 W/ft2 0.40 W/ft2 Loading docks 0.35 W/ft2 0.35 W/ft2 0.35 W/ft2 0.35 W/ft2 Sales Canopies Free-standing and attached 0.40 W/ft2 0.40 W/ft2 0.60 W/ft2 0.70 W/ft2 Outdoor Sales Open areas (including vehicle sales lots) 0.20 W/ft2 0.20 W/ft2 0.35 W/ft2 0.50 W/ft2 Street frontage for vehicle sales lots in addition to “open area” allowance No allowance 7 W/linear foot 7 W/linear foot 21 W/linear foot For SI: 1 foot = 304.8 mm, 1 watt per square foot = W/0.0929 m2. W = watts. TABLE C405.5.2(3) INDIVIDUAL LIGHTING POWER ALLOWANCES FOR BUILDING EXTERIORS LIGHTING ZONES Zone 1 Zone 2 Zone 3 Zone 4 Building facades No allowance 0.075 W/ft2 of gross above-grade wall area 0.113 W/ft2 of gross above-grade wall area 0.15 W/ft2 of gross above-grade wall area Automated teller machines (ATM) and night depositories 135 W per location plus 45 W per additional ATM per location Uncovered entrances and gate- house inspection stations at guarded facilities 0.50 W/ft2 of area Uncovered loading areas for law enforcement, fire, ambulance and other emergency service vehicles 0.35 W/ft2 of area Drive-up windows and doors 200 W per drive through Parking near 24-hour retail entrances. 400 W per main entry For SI: For SI: 1 watt per square foot = W/0.0929 m2. W = watts. C405.5.2.1 Additional exterior lighting power. Additional exterior lighting power allowances are available for the specific lighting applications listed in Table C405.5.2(3). These additional power allowances shall be used only for the luminaires serving these specific applications and shall not be used to increase any other lighting power allowance. C405.5.3 Gas lighting. Gas-fired lighting appliances shall not be permitted . C405.6 Dwelling electrical meter. Each dwelling unit located in a Group R-2 building shall have a separate electrical meter. C405.7 Electrical transformers. Low-voltage dry-type distribution electric transformers shall meet the minimum efficiency requirements of Table C405.7 as tested and rated in accordance with the test procedure listed in DOE 10 CFR 431. The efficiency shall be verified through certification under an approved certification program or, where a certifi- cation program does not exist, the equipment efficiency ratings shall be supported by data furnished by the trans- former manufacturer. Exceptions: The following transformers are exempt: 1. Transformers that meet the Energy Policy Act of 2005 exclusions based on the DOE 10 CFR 431 definition of special purpose applications. 2. Transformers that meet the Energy Policy Act of 2005 exclusions that are not to be used in general purpose applications based on information provided in DOE 10 CFR 431. 3. Transformers that meet the Energy Policy Act of 2005 exclusions with multiple voltage taps where the highest tap is not less than 20 percent more than the lowest tap. 4. Drive transformers. 5. Rectifier transformers. 6. Auto-transformers. 7. Uninterruptible power system transformers. 8. Impedance transformers. 9. Regulating transformers. 10. Sealed and nonventilating transformers. 11. Machine tool transformers. 12. Welding transformers. 13. Grounding transformers. 14. Testing transformers. TABLE C405.7 MINIMUM NOMINAL EFFICIENCY LEVELS FOR DOE 10 CFR 431 LOW-VOLTAGE DRY-TYPE DISTRIBUTION TRANSFORMERS SINGLE-PHASE TRANSFORMERS THREE-PHASE TRANSFORMERS kVAa Efficiency (%)b kVAa Efficiency (%)b 15 97.70 15 97.89 25 98.00 30 98.23 37.5 98.20 45 98.40 50 98.30 75 98.60 75 98.50 112.5 98.74 100 98.60 150 98.83 167 98.70 225 98.94 250 98.80 300 99.02 333 98.90 500 99.14 — — 750 99.23 — — 1000 99.28 a. kiloVolt-Amp rating. b. Nominal efficiencies shall be established in accordance with the DOE 10 CFR 431 test procedure for low-voltage dry- type transformers. C405.8 Electric motors. Electric motors shall meet the minimum efficiency requirements of Tables C405.8(1) through C405.8(4) when tested and rated in accordance with the DOE 10 CFR 431. The efficiency shall be verified through certification under an approved certification program or, where a certification program does not exist, the equipment efficiency ratings shall be supported by data furnished by the motor manufacturer. Exception: The standards in this section shall not apply to the following exempt electric motors: 1. Air-over electric motors. 2. Component sets of an electric motor. 3. Liquid-cooled electric motors. 4. Submersible electric motors. 5. Inverter-only electric motors. C405.9 Vertical and horizontal transportation systems and equipment. Vertical and horizontal transportation systems and equipment shall comply with this section. C405.9.1 Elevator cabs. For the luminaires in each elevator cab, not including signals and displays, the sum of the lumens divided by the sum of the watts shall be not less than 35 lumens per watt. Ventilation fans in elevators that do not have their own air-conditioning system shall not consume more than 0.33 watts/cfm at the maximum rated speed of the fan. Controls shall be provided that will de-energize ventilation fans and lighting systems when the elevator is stopped, unoccupied and with its doors closed for over 15 minutes. C405.9.2 Escalators and moving walks. Escalators and moving walks shall comply with ASME A17.1/CSA B44 and shall have automatic controls that reduce speed as permitted in accordance with ASME A17.1/CSA B44 and applicable local code. Exception: A variable voltage drive system that reduces operating voltage in response to light loading conditions is an alternative to the reduced speed function. C405.9.2.1 Energy recovery. Escalators shall be designed to recover electrical energy when resisting overspeed in the down direction. The escalator shall be designed to recover, on average, more power than is consumed by the power recovery feature of its motor controller system. C405.10 Voltage drop. The total voltage drop across the combination of customer-owned service conductors, feeder conductors and branch circuit conductors shall not exceed 5 percent. C405.11 Automatic receptacle control. The following shall have automatic receptacle control complying with Section C405.11.1: 1. At least 50 percent of all 125V, 15- and 20-amp receptacles installed in enclosed offices, conference rooms, rooms used primarily for copy or print functions, breakrooms, classrooms and individual workstations, including those installed in modular partitions and module office workstation systems. 2. At least 25 percent of branch circuit feeders installed for modular furniture not shown on the construction documents. C405.11.1 Automatic receptacle control function. Automatic receptacle controls shall comply with the following: 1. Either split controlled receptacles shall be provided with the top receptacle controlled, or a controlled receptacle shall be located within 12 inches (304.8 mm) of each uncontrolled receptacle. 2. One of the following methods shall be used to provide control: 2.1. A scheduled basis using a time-of-day operated control device that turns receptacle power off at specific programmed times and can be programmed separately for each day of the week. The control device shall be configured to provide an independent schedule for each portion of the building of not more than 5,000 square feet (464.5 m2) and not more than one floor. The occupant shall be able to manually override an area for not more than 2 hours. Any individual override switch shall control the receptacles of not more than 5,000 feet (1524 m). 2.2. An occupant sensor control that shall turn off receptacles within 20 minutes of all occupants leaving a space. 2.3. An automated signal from another control or alarm system that shall turn off receptacles within 20 minutes after determining that the area is unoccupied. 3. All controlled receptacles shall be permanently marked in accordance with NFPA 70 and be uniformly distributed throughout the space. 4. Plug-in devices shall not comply. Exceptions: Automatic receptacle controls are not required for the following: 1. Receptacles specifically designated for equipment requiring continuous operation (24 hours per day, 365 days per year). 2. Spaces where an automatic control would endanger the safety or security of the room or building occupants. 3. Within a single modular office workstation, noncontrolled receptacles are permitted to be located more than 12 inches (304.8 mm), but not more than 72 inches (1828 mm) from the controlled receptacles serving that workstation. TABLE C405.8(1) MINIMUM NOMINAL FULL-LOAD EFFICIENCY FOR NEMA DESIGN A, NEMA DESIGN B, AND IEC DESIGN N MOTORS (EXCLUDING FIRE PUMP) ELECTRIC MOTORS AT 60 HZa, b MOTOR HORSEPOWER (STANDARD KILOWATT EQUIVALENT) NOMINAL FULL-LOAD EFFICIENCY (%) AS OF JUNE 1, 2016 2 Pole 4 Pole 6 Pole 8 Pole Enclosed Open Enclosed Open Enclosed Open Enclosed Open 1 (0.75) 77.0 77.0 85.5 85.5 82.5 82.5 75.5 75.5 1.5 (1.1) 84.0 84.0 86.5 86.5 87.5 86.5 78.5 77.0 2 (1.5) 85.5 85.5 86.5 86.5 88.5 87.5 84.0 86.5 3 (2.2) 86.5 85.5 89.5 89.5 89.5 88.5 85.5 87.5 5 (3.7) 88.5 86.5 89.5 89.5 89.5 89.5 86.5 88.5 7.5 (5.5) 89.5 88.5 91.7 91.0 91.0 90.2 86.5 89.5 10 (7.5) 90.2 89.5 91.7 91.7 91.0 91.7 89.5 90.2 15 (11) 91.0 90.2 92.4 93.0 91.7 91.7 89.5 90.2 20 (15) 91.0 91.0 93.0 93.0 91.7 92.4 90.2 91.0 25 (18.5) 91.7 91.7 93.6 93.6 93.0 93.0 90.2 91.0 30 (22) 91.7 91.7 93.6 94.1 93.0 93.6 91.7 91.7 40 (30) 92.4 92.4 94.1 94.1 94.1 94.1 91.7 91.7 50 (37) 93.0 93.0 94.5 94.5 94.1 94.1 92.4 92.4 60 (45) 93.6 93.6 95.0 95.0 94.5 94.5 92.4 93.0 75 (55) 93.6 93.6 95.4 95.0 94.5 94.5 93.6 94.1 100 (75) 94.1 93.6 95.4 95.4 95.0 95.0 93.6 94.1 125 (90) 95.0 94.1 95.4 95.4 95.0 95.0 94.1 94.1 150 (110) 95.0 94.1 95.8 95.8 95.8 95.4 94.1 94.1 200 (150) 95.4 95.0 96.2 95.8 95.8 95.4 94.5 94.1 250 (186) 95.8 95.0 96.2 95.8 95.8 95.8 95.0 95.0 300 (224) 95.8 95.4 96.2 95.8 95.8 95.8 — — 350 (261) 95.8 95.4 96.2 95.8 95.8 95.8 — — 400 (298) 95.8 95.8 96.2 95.8 — — — — 450 (336) 95.8 96.2 96.2 96.2 — — — — 500 (373) 95.8 96.2 96.2 96.2 — — — — a. Nominal efficiencies shall be established in accordance with DOE 10 CFR 431. b. For purposes of determining the required minimum nominal full-load efficiency of an electric motor that has a horsepower or kilowatt rating between two horsepower or two kilowatt ratings listed in this table, each such motor shall be deemed to have a listed horsepower or kilowatt rating, determined as follows: 1. A horsepower at or above the midpoint between the two consecutive horsepowers shall be rounded up to the higher of the two horsepowers. 2. A horsepower below the midpoint between the two consecutive horsepowers shall be rounded down to the lower of the two horsepowers. 3. A kilowatt rating shall be directly converted from kilowatts to horsepower using the formula: 1 kilowatt = (1/0.746) horsepower. The conversion should be calculated to three significant decimal places, and the resulting horsepower shall be rounded in accordance with No. 1 or No. 2 above, as applicable. TABLE C405.8(2) MINIMUM NOMINAL FULL-LOAD EFFICIENCY FOR NEMA DESIGN C AND IEC DESIGN H MOTORS AT 60 HZa, b MOTOR HORSEPOWER (STANDARD KILOWATT EQUIVALENT) NOMINAL FULL-LOAD EFFICIENCY (%) AS OF JUNE 1, 2016 4 Pole 6 Pole 8 Pole Enclosed Open Enclosed Open Enclosed Open 1 (0.75) 85.5 85.5 82.5 82.5 75.5 75.5 1.5 (1.1) 86.5 86.5 87.5 86.5 78.5 77.0 2 (1.5) 86.5 86.5 88.5 87.5 84.0 86.5 3 (2.2) 89.5 89.5 89.5 88.5 85.5 87.5 5 (3.7) 89.5 89.5 89.5 89.5 86.5 88.5 7.5 (5.5) 91.7 91.0 91.0 90.2 86.5 89.5 10 (7.5) 91.7 91.7 91.0 91.7 89.5 90.2 15 (11) 92.4 93.0 91.7 91.7 89.5 90.2 20 (15) 93.0 93.0 91.7 92.4 90.2 91.0 25 (18.5) 93.6 93.6 93.0 93.0 90.2 91.0 30 (22) 93.6 94.1 93.0 93.6 91.7 91.7 40 (30) 94.1 94.1 94.1 94.1 91.7 91.7 50 (37) 94.5 94.5 94.1 94.1 92.4 92.4 60 (45) 95.0 95.0 94.5 94.5 92.4 93.0 75 (55) 95.4 95.0 94.5 94.5 93.6 94.1 100 (75) 95.4 95.4 95.0 95.0 93.6 94.1 125 (90) 95.4 95.4 95.0 95.0 94.1 94.1 150 (110) 95.8 95.8 95.8 95.4 94.1 94.1 200 (150) 96.2 95.8 95.8 95.4 94.5 94.1 b. Nominal efficiencies shall be established in accordance with DOE 10 CFR 431. c. For purposes of determining the required minimum nominal full-load efficiency of an electric motor that has a horsepower or kilowatt rating between two horsepower or two kilowatt ratings listed in this table, each such motor shall be deemed to have a listed horsepower or kilowatt rating, determined as follows: 1. A horsepower at or above the midpoint between the two consecutive horsepowers shall be rounded up to the higher of the two horsepowers. 2. A horsepower below the midpoint between the two consecutive horsepowers shall be rounded down to the lower of the two horsepowers. 3. A kilowatt rating shall be directly converted from kilowatts to horsepower using the formula: 1 kilowatt = (1/0.746) horsepower. The conversion should be calculated to three significant decimal places, and the resulting horsepower shall be rounded in accordance with No. 1 or No. 2 above, as applicable. TABLE C405.8(3) MINIMUM AVERAGE FULL-LOAD EFFICIENCY POLYPHASE SMALL ELECTRIC MOTORSa MOTOR HORSEPOWER OPEN MOTORS Number of Poles 2 4 6 Synchronous Speed (RPM) 3600 1800 1200 0.25 — 65.6 69.5 67.5 0.33 — 69.5 73.4 71.4 0.50 — 73.4 78.2 75.3 0.75 — 76.8 81.1 81.7 1 — 77.0 83.5 82.5 1.5 — 84.0 86.5 83.8 2 — 85.5 86.5 N/A 3 — 85.5 86.9 N/A N/A = Not Applicable. a. Average full-load efficiencies shall be established in accordance with DOE 10 CFR 431. TABLE C405.8(4) MINIMUM AVERAGE FULL-LOAD EFFICIENCY FOR CAPACITOR-START CAPACITOR-RUN AND CAPACITOR-START INDUCTION-RUN SMALL ELECTRIC MOTORSa MOTOR HORSEPOWER OPEN MOTORS Number of Poles 2 4 6 Synchronous Speed (RPM) 3600 1800 1200 0.25 — 66.6 68.5 62.2 0.33 — 70.5 72.4 66.6 0.50 — 72.4 76.2 76.2 0.75 — 76.2 81.8 80.2 1 — 80.4 82.6 81.1 1.5 — 81.5 83.8 N/A 2 — 82.9 84.5 N/A 3 — 84.1 N/A N/A N/A = Not Applicable. a. Average full-load efficiencies shall be established in accordance with DOE 10 CFR 431. C405.12 Energy monitoring. Buildings 2 shall be equipped to measure, monitor, record and report energy consumption data in compliance with Sections C405.12.1 through C405.12.5. A plan for quantifying annual energy type and use disclosure in compliance with Sections C405.12.1 through C405.12.8 shall be submitted with the construction documents. Exceptions: 1. Buildings less than 5,000 square feet (929 m2). 2. Existing buildings shall not be required to comply with Sections C405.12.1 through C405.12.8. 3. R-2 occupancies with less than 10,000 square feet (929 m2) of common area. 2. 4. Individual tenant spaces less than 5,000 square feet (464.5 m2) with their own utility service and meter. C405.12.1 Electrical energy metering. For all electrical energy supplied to the building and its associated site, including but not limited to site lighting, parking, recreational facilities and other areas that serve the building and its occupants, meters or other measurement devices shall be provided to collect energy consumption data for each end- use category required by Section C405.12.2. C405.12.2 End-use electric metering categories. Meters or other approved measurement devices shall be provided to collect energy use data for each end-use category indicated in Table C405.12.2. Where multiple meters are used to measure any end-use category, the data acquisition system shall total all of the energy used by that category. Not more than 5 percent of the measured load for each of the end-use categories indicated in Table C405.12.2 shall be permitted to be from a load that is not within that category. Exceptions: 1. HVAC and water heating equipment serving only an individual dwelling unit shall not require end-use metering. 2. End-use metering shall not be required for fire pumps, stairwell pressurization fans or any system that operates only during testing or emergency. 3. End-use metering shall not be required for an individual tenant space having a floor area not greater than 2,500 square feet (232 m2) where a dedicated source meter complying with Section C405.12.3 is provided. TABLE C405.12.2 ELECTRICAL ENERGY USE CATEGORIES LOAD CATEGORY DESCRIPTION OF ENERGY USE Total HVAC system Heating, cooling and ventilation, including but not limited to fans, pumps, boilers, chillers and water heating. Energy used by 120-volt equipment, or by 208/120-volt equipment that is located in a building where the main service is 480/277-volt power, is permitted to be excluded from total HVAC system energy use. Interior lighting Lighting systems located within the building. Exterior lighting Lighting systems located on the building site but not within the building. Plug loads Devices, appliances and equipment connected to convenience receptacle outlets. Process load Any single load that is not included in an HVAC, lighting or plug load category and that exceeds 5 percent of the peak connected load of the whole building, including but not limited to data centers, manufacturing equipment and commercial kitchens. Electric vehicle charging Electric vehicle charging loads. Building operations and other miscellaneous loads The remaining loads not included elsewhere in this table, including but not limited to vertical transportation systems, automatic doors, motorized shading systems, ornamental fountains, ornamental fireplaces, Electric hot water heating Electricity used to generate hot water. Exception: Electric water heating with design capacity that is less than 10 percent of building service rating Snowmelt Electricity used to melt snow Pools and permanent spas Electricity used to heat pools and permanent spas C405.12.3 Electrical Meters. Meters or other measurement devices required by this section shall be configured to automatically communicate energy consumption data to the data acquisition system required by Section C405.12.4. Source meters shall be allowed to be any digital-type meter. Lighting, HVAC or other building systems that can self- monitor their energy consumption shall be permitted instead of meters. Current sensors shall be permitted, provided that they have a tested accuracy of ±2 percent. Required metering systems and equipment shall have the capability to provide at least hourly data that is fully integrated into the data acquisition system and graphical energy report in accordance with Sections C405.12.4 and C405.12.5. Non-intrusive load monitoring (NILM) packages that extract energy consumption data from detailed electric waveform analysis can be substituted for individual meters if the equivalent data can be made available for collection in Section C405.12.4 and reporting in Section C405.12.5. C405.12.4 Electrical energy data acquisition system. A data acquisition system shall have the capability to store the data from the required meters and other sensing devices for a minimum of 36 months. The data acquisition system shall have the capability to store real-time energy consumption data and provide hourly, daily, monthly and yearly logged data for each end-use category required by Section C405.12.2. The data acquisition system shall have the capability of providing building total peak electric demand and the time(s) of day and time(s) of year at which the peak occurs. Peak demand shall be integrated over the same time period as the underlying meter reading rate, which is typically 15 minutes but shall be no longer than one hour. C405.12.5 Graphical energy report. A permanent and readily accessible reporting mechanism shall be provided in the building that is accessible by building operation and management personnel. The reporting mechanism shall have the capability to graphically provide the electrical energy consumption for each end-use category required by Section C405.12.2 at least every hour, day, month and year for the previous 36 months. The graphical report shall also incorporate natural gas interval data or the ability to enter gas utility bills into the report. C405.12.6 Non-electrical energy Consumption of non-electrical energy such as gas, district heating or cooling, unregulated fuel sources, or other non-renewable energy shall be automatically metered or a method developed for usage calculation annually or more frequently from energy bills. Natural gas usage shall be monitored through on site interval metering or from utility interval data. C405.12.7 Renewable energy The ability to measure the production of on-site renewable energy shall be provided with the same or greater frequency as metered systems. C405.12.8 Plan for disclosure The plan for annual energy use data gathering and disclosure shall include the following: 1. Property information including building type, total gross floor area, year built or year planned for construction completion, and occupancy type. 2. Total annual building site energy use per unit area (square foot) of gross floor area as collected or documented through Section C405.12.5 (electrical) and Section C405.12.6 (non-electrical) sources, separated by energy type (electric, gas, district cooling or heating, unregulated fuel sources etc.). Electrical energy shall be further broken down by load type as identified in Table C405.12.2. 4. Annual site generated renewable energy per unit area (square foot) of gross floor area. 5. Peak electric demand per unit area (square foot) of gross floor area, with an estimate of relative building system contribution to that peak, and the time and date of the peak. C405.12.9 Energy Reporting Requirements: Buildings shall be subject to Section 8.60 – Building IQ of the Aspen Municipal Code and shall follow the requirements for a “Non-City Covered Property.” Group R-2 buildings shall comply with the requirements of the Multi-Family Residential properties category in the nearest applicable square footage category. All other occupancy group buildings shall comply with the requirements of the Commercial properties category in the nearest applicable square footage category. This requirement shall supersede the applicability statements in Section 8.60.030 and the exceptions listed in Section 8.60.020, as amended. C405.13 Electric Vehicle Power Transfer Infrastructure. New parking facilities shall be provided with electric vehicle power transfer infrastructure in compliance with Sections C405.13.1 through C405.13.6. C405.13.1 Quantity. The number of required DCFC EVSE spaces, EVSE spaces, EV ready spaces and EV capable spaces shall be determined in accordance with this Section and Table C405.13.1 based on the total number of automobile parking spaces and shall be rounded up to the nearest whole number. For R2 buildings, the Table requirements shall be based on the total number of dwelling units or the total number of automobile parking spaces, whichever is less. 1. Where more than one parking facility is provided on a building site, the number of required automobile parking spaces required to have EV power transfer infrastructure shall be calculated separately for each parking facility. 2. Where one shared parking facility serves multiple building occupancies, the required number of spaces shall be determined proportionally based on the floor area of each building occupancy. 3. Installed EVSE spaces that exceed the minimum requirements of this section may be used to meet minimum requirements for EV ready spaces and EV capable spaces. 4. Installed EV ready spaces that exceed the minimum requirements of this section may be used to meet minimum requirements for EV capable spaces. 5. Requirements for a Group S-2 parking garage shall be determined by the occupancies served by that parking garage. Where new automobile spaces do not serve specific occupancies, the values for Group S-2 parking garage in Table C405.13.1 shall be used. 6. Direct Current Fast Charging. a. For Groups A, B, E, I, M and S-2 Occupancies with 5 or more parking spaces, the first required EVSE Installed Space shall be a DCFC EVSE. b. The number of EVSE Installed Spaces for Groups A, B, E, I, M and S-2 Occupancies may be reduced by up to ten per DCFC EVSE provided that the building includes not less than one parking space equipped with a DCFC EVSE and not less than one EV Ready space. A maximum of fifty spaces may be reduced from the total number of EVSE Installed spaces. 7. In addition to the quantities required elsewhere in this section, 20% of accessible parking spaces shall be EVSE spaces. Where van-accessible parking spaces are provided, they shall be EVSE spaces contributing to the 20%. All other accessible parking spaces shall be EV Capable. Table C405.13.1 REQUIRED EV POWER TRANSFER INFRASTRUCTURE OCCUPANCY EVSE SPACES EV READY SPACES EV CAPABLE SPACES GROUP A 10% 0% 25% GROUP B 15% 0% 30% GROUP E 2% 0% 5% GROUP F 2% 0% 5% GROUP H 1% 0% 0% GROUP I 2% 0% 5% GROUP M 10% 0% 25% GROUP R-1 20% 5% 75% GROUP R-2 0% 100% 0% GROUP R-4 2% 0% 5% GROUP S exclusive of parking garages 1% 0% 0% GROUP S-2 parking garages 10% 0% 30% C405.13.2 EV Capable Spaces. Each EV capable space used to meet the requirements of Section C405.13.1 shall comply with all of the following: 1. A continuous raceway or cable assembly shall be installed between an enclosure or outlet located within 3 feet (914 mm) of the EV capable space and a suitable panelboard or other onsite electrical distribution equipment. 2. Installed raceway or cable assembly shall be sized and rated to supply an minimum circuit capacity in accordance with C405.13.5 3. The electrical distribution equipment to which the raceway or cable assembly connects shall have sufficient dedicated space and spare electrical capacity for a 2-pole circuit breaker or set of fuses. 4. The electrical enclosure or outlet and the electrical distribution equipment directory shall be marked: "For future electric vehicle supply equipment (EVSE)." C405.13.3 EV Ready Spaces. Each branch circuit serving EV ready spaces used to meet the requirements of Section C405.13.1 shall comply with all of the following: 1. Terminate at a receptacle outlet, located within 3 feet (914 mm) of each EV ready space it serves. 2. Have a minimum electrical distribution system and circuit capacity in accordance with Section C405.13.5. 3. The panelboard or other electrical distribution equipment directory shall designate the branch circuit as "For electric vehicle supply equipment (EVSE)" and the outlet or enclosure shall be marked "For electric vehicle supply equipment (EVSE)." C405.13.4 EVSE Spaces. An installed EVSE with multiple output connections shall be permitted to serve multiple EVSE spaces. Each EVSE installed to meet the requirements of Section C405.13.1, serving either a single EVSE space or multiple EVSE spaces, shall comply with all of the following: 1. Be served by an electrical distribution system in accordance with Section C405.13.5. Exception: DCFC EVSE spaces 2. Have a minimum nameplate charging capacity of 6.2 kVA (or 30A at 208/240V) per EVSE space served. Exception: DCFC EVSE spaces 3. Be located within 3 feet (914 mm) of each EVSE space it serves. 4. Be installed in accordance with Section C405.13.4.1. C405.13.4.1 EVSE Installation EVSE shall be installed in accordance with NFPA 70 and shall be listed and labeled in accordance with UL 2202 or UL 2594. EVSE shall be accessible in accordance with International Building Code Section 1107. C405.13.5 Electrical distribution system capacity. The electrical distribution system serving each EV capable space, EV ready space, and EVSE space used to comply with Section C405.13.1 shall comply with one of the following: 1. Sized for a calculated EV charging load of not less than 6.2 kVA for each EV ready space or EVSE space it serves. 2. The requirements of Section C405.13.5.1. C405.13.5.1 Capacity Management for EV loads. The capacity of each branch circuit serving multiple EVSE spaces, EV ready spaces or EV capable spaces designed to be controlled by an energy management system providing load management in accordance with NFPA 70, shall comply with one of the following: 1. Be sized for a minimum calculated load of 3.3 kVA per EVSE, EV ready or EV capable space. 2. Where all (100%) of the automobile spaces are EVSE or EV ready spaces, be sized for a minimum calculated load of 2.1 kVA per EVSE or EV ready space. Where an energy management system is used to control EV charging loads for the purposes of this section, it shall not be configured to turn off electrical power to EVSE or EV ready spaces used to comply with Section C405.13.1. C405.14 Renewable energy infrastructure. A solar-ready zone shall be located on the roof of buildings that are oriented between 110 degrees and 270 degrees of true north or have low-slope roofs. Solar-ready zones shall comply with Sections C405.14.1 through C405.14.6. Exceptions: 1. A building with a permanently installed, on-site renewable energy system. 2. A building with a solar-ready zone that is shaded for more than 70 percent of daylight hours annually. 3. Any building where more than 50 percent of roof area would be shaded from direct-beam sunlight by existing natural objects or by structures that are not part of the building for more than 2500 annual hours between 8:00 a.m. and 4:00 p.m. 4. A building where the licensed design professional certifies that the incident solar radiation available to the building is not suitable for a solar-ready zone. 5. A building where the licensed design professional certifies that the solar zone area required by Section CB103.3 cannot be met because of extensive rooftop equipment, skylights, vegetative roof areas or other obstructions. C405.14.1 Construction document requirements for a solar-ready zone. Construction documents shall indicate the solar-ready zone. C405.14.2 Solar-ready zone area. The total solar-ready zone area shall be not less than 40 percent of the roof area calculated as the horizontally projected gross roof area less the area covered by skylights, occupied roof decks, vegetative roof areas and mandatory access or set back areas as required by the International Fire Code. The solar- ready zone shall be a single area or smaller, separated sub-zone areas. Each sub-zone shall be not less than 5 feet (1524 mm) in width in the narrowest dimension. C405.14.3 Obstructions. Solar ready zones shall be free from obstructions, including pipes, vents, ducts, HVAC equipment, skylights and roof-mounted equipment. C405.14.4 Roof loads and documentation. A collateral dead load of not less than 5 pounds per square foot (5 psf) (24.41 kg/m2) shall be included in the gravity and lateral design calculations for the solar-ready zone. The structural design loads for roof dead load and roof live load shall be indicated on the construction documents. C405.14.5 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. The reserved spaces shall be positioned at the end of the panel that is opposite from the panel supply conductor connection. C405.14.6 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. C405.15 Electrical energy storage system ready. Each building shall have one or more reserved ESS-ready areas to accommodate future electrical storage complying with the following: 1. Energy storage system rated energy capacity (kWH) ≥ Gross conditioned floor area of the three largest stories (sqft) x 0.0008 kWh/sqft 2. Energy storage system rated power capacity (kW) ≥ Gross conditioned floor area of three largest stories (sqft) x 0.0002 kW/sqft Exception: Dwellings with an installed Energy Storage System (ESS) sized in accordance with this section. C405.15.1 ESS-ready location. Each ESS-ready area shall be located in accordance with Section 1207 of the International Fire Code. C405.15.2 ESS-ready minimum area requirements. Each ESS-ready area shall be sized in accordance with the spacing requirements of Section 1207 of the International Fire Code and the UL9540 or UL9540a designated rating of the planned system. Where rated to UL9540a, the area shall be sized in accordance with the manufacturer's instructions. C405.15.3 Electrical distribution equipment. The onsite electrical distribution equipment shall have sufficient capacity, rating, and space to allow installation of overcurrent devices and circuit wiring in accordance with NFPA 70 for future electrical ESS installation complying with the capacity criteria of Section C405.15.2. C405.16 Inverters. Direct-current-to-alternating-current inverters serving on-site renewable energy systems or on-site electrical energy storage systemsshall be compliant with IEEE 1547-2018a and UL 1741-2021. C405.17 Additional electric infrastructure. Buildings that contain combustion equipment shall be required to install electric infrastructure in accordance with this section. C405.17.1 Residential combustion cooking. Spaces containing cooking equipment not designated as commercial cooking appliances shall be provided with a dedicated branch circuit in compliance with NFPA 70 Section 422.10. The branch circuit shall terminate within 6 feet (1829 mm) of fossil fuel ranges, cooktops and ovens and be accessible with no obstructions. Both ends of the branch circuit shall be labeled with the words “For Future Electric Cooking Equipment” and be electrically isolated. C405.17.2 Combustion clothes drying. Spaces containing combustion equipment for clothes drying shall comply with either C405.17.4.1 or C405.17.4.2 C405.17.2.1 Commercial drying. Spaces containing clothes drying equipment, and end-uses for commercial laundry applications shall be provided with conduit that is continuous between a junction box located within 3 feet (914 mm) of the equipment and an electrical panel. The junction box, conduit and bus bar in the electrical panel shall be rated and sized to accommodate a branch circuit with sufficient capacity for an equivalent electric equipment with an equivalent equipment capacity. The electrical junction box and electrical panel shall have labels stating, “For Future Electric Clothes Drying Equipment.” C405.17.2.2 Residential drying. Spaces containing clothes drying equipment, appliances, and end-uses serving dwelling units or sleeping areas with a capacity less than or equal to 9.2 cubic feet shall be provided with a dedicated 240-volt branch circuit with a minimum capacity of 30 amps shall terminate within 6 feet (1829 mm) of fossil fuel 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 Equipment” and be electrically isolated. SECTION C406 ADDITIONAL EFFICIENCY REQUIREMENTS C406.1 Additional energy efficiency credit requirements. New buildings shall achieve a total of 10 credits from Tables C406.1(1) through C406.1(5) where the table is selected based on the use group of the building and from credit calculations as specified in relevant subsections of Section C406. Where a building contains multiple-use groups, credits from each use group shall be weighted by floor area of each group to determine the weighted average building credit. Credits from the tables or calculation shall be achieved where a building complies with one or more of the following: 1. More efficient HVAC performance in accordance with Section C406.2. 2. Reduced lighting power in accordance with Section C406.3. 3. Enhanced lighting controls in accordance with Section C406.4. 4. On-site supply of renewable energy in accordance with Section C406.5. 5. Provision of a dedicated outdoor air system for certain HVAC equipment in accordance with Section C406.6. 6. High-efficiency service water heating in accordance with Section C406.7. 7. Enhanced envelope performance in accordance with Section C406.8. 8. Reduced air infiltration in accordance with Section C406.9 9. Where not required by Section C405.12, include an energy monitoring system in accordance with Section C406.10. 10. Where not required by Section C403.2.3, include a fault detection and diagnostics (FDD) system in accordance with Section C406.11. 11. Efficient kitchen equipment in accordance with Section C406.12. C406.1.1 Tenant spaces. Tenant spaces shall comply with sufficient options from Tables C406.1(1) through C406.1(5) to achieve a minimum number of 5 credits, where credits are selected from Section C406.2, C406.3, C406.4, C406.6, C406.7 or C406.10. Where the entire building complies using credits from Section C406.5, C406.8 or C406.9, tenant spaces shall be deemed to comply with this section. Exception: Previously occupied tenant spaces that comply with this code in accordance with Section C501. C406.2 More efficient HVAC equipment performance. Equipment shall exceed the minimum efficiency requirements listed in the tables in Section C403.3.2. Variable refrigerant flow systems listed in the energy efficiency provisions of ANSI/ASHRAE/IES 90.1 in accordance with Section C406.2.1, C406.2.2, C406.2.3 or C406.2.4 shall also meet applicable requirements of Section C403. Energy efficiency credits for heating shall be selected from Section C406.2.1 or C406.2.3 and energy efficiency credits for cooling shall be selected from Section C406.2.2, C406.2.4 or C406.2.5. Selected credits shall include a heating or cooling energy efficiency credit or both. Equipment not listed in Tables C403.3.2(1) through C403.3.2(9) and variable refrigerant flow systems not listed in the energy efficiency provisions of ANSI/ASHRAE/IES 90.1 shall be limited to 10 percent of the total building system capacity for heating equipment where selecting Section C406.2.1 or C406.2.3 and cooling equipment where selecting Section C406.2.2, C406.2.4 or C406.2.5. C406.2.1 Five-percent heating efficiency improvement. Equipment shall exceed the minimum heating efficiency requirements by 5 percent. C406.2.2 Five-percent cooling efficiency improvement. Equipment shall exceed the minimum cooling and heat rejection efficiency requirements by 5 percent. Where multiple cooling performance requirements are provided, C406.2.3 Ten-percent heating efficiency improvement. Equipment shall exceed the minimum heating efficiency requirements by 10 percent. C406.2.4 Ten-percent cooling efficiency improvement. Equipment shall exceed the minimum cooling and heat rejection efficiency requirements by 10 percent. Where multiple cooling performance requirements are provided, the equipment shall exceed the annual energy requirement, including IEER, SEER and IPLV. C406.2.5 More than 10-percent cooling efficiency improvement. Where equipment exceeds the minimum annual cooling and heat rejection efficiency requirements by more than 10 percent, energy efficiency credits for cooling may be determined using Equation 4-12, rounded to the nearest whole number. Where multiple cooling performance requirements are provided, the equipment shall exceed the annual energy requirement, including IEER, SEER and IPLV. the equipment shall exceed the annual energy require- ment, including IEER, SEER and IPLV. EECHEC= EEC10[1 + ((CEI – 10 percent) ÷ 10 percent)] (Equation 4-12) TABLE C406.1(1) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP B OCCUPANCIES SECTION CLIMATE ZONE 6B 7 C406.2.1: 5% heating efficiency improvement NA C406.2.2: 5% cooling efficiency improvement 2 C406.2.3: 10% heating efficiency improvement NA C406.2.4: 10% cooling efficiency improvement 3 C406.3: Reduced lighting power 7 C406.4: Enhanced digital lighting controls 1 C406.5: On-site renewable energy 9 C406.6: Dedicated outdoor air 5 C406.7.2: Recovered or renewable water heating NA C406.7.3: Efficient fossil fuel water heater NA C406.7.4: Heat pump water heater NA C406.8: Enhanced envelope performance 14 C406.9: Reduced air infiltration 11 C406.10: Energy monitoring 2 C406.11: Fault detection and diagnostics system 1 NA = Not Applicable. where: EECHEC = Energy efficiency credits for cooling efficiency improvement. EEC10 = Section C406.2.4 credits from Tables C406.1(1) through C406.1(5). CEI = The lesser of: the improvement above minimum cooling and heat rejection efficiency requirements or 15 percent. C406.3 Reduced lighting power by more than 10 percent. Buildings shall comply with Section C406.3.1 or C406.3.2, and dwelling units and sleeping units within the building shall comply with Section C406.3.3. C406.3.1 Reduced lighting power by more than 10 percent. The total connected interior lighting power calculated in accordance with Section C405.3.1 shall be less than 90 percent of the total lighting power allowance calculated in accordance with Section C405.3.2. C406.3.2 Reduced lighting power by more than 15 percent. Where the total connected interior lighting power calculated in accordance with Section C405.3.1 is less than 85 percent of the total lighting power allowance calculated in accordance with Section C405.3.2, additional energy efficiency credits shall be determined based on Equation 4-13, rounded to the nearest whole number. AEECLPA = AEEC10 × 10 × (LPA – LPD) / LPA where: AEECLPA = Section C406.3.2 additional energy efficiency credits. AEEC10 = Section C406.3.1 credits from Tables C406.1(1) through C406.1(5). LPA = Total lighting power allowance calculated in accordance with Section C405.3.2. LPD = Total connected interior lighting power calculated in accordance with Section C405.3.1. (Equation 4-13) C406.3.3 Lamp efficacy. Not less than 95 percent of the permanently installed lighting, excluding kitchen appliance light fixtures, serving dwelling units and sleeping units shall be provided by lamps with an efficacy of not less than 65 lumens per watt or luminaires with an efficacy of not less than 45 lumens per watt. TABLE C406.1(2) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP R AND I OCCUPANCIES SECTION CLIMATE ZONE 7 C406.2.1: 5% heating efficiency improvement 2 C406.2.2: 5% cooling efficiency improvement 1 C406.2.3: 10% heating efficiency improvement 3 C406.2.4: 10% cooling efficiency improvement 1 C406.3: Reduced lighting power 2 C406.4: Enhanced digital lighting controls NA C406.5: On-site renewable energy 7 C406.6: Dedicated outdoor air system 11 C406.7.2: Recovered or renewable water heating 15 C406.7.3: Efficient fossil fuel water heater 10 C406.7.4: Heat pump water heater 5 C406.8: Enhanced envelope performance 6 C406.9: Reduced air infiltration 8 C406.10: Energy monitoring 1 C406.11: Fault detection and diagnostics system 1 NA = Not Applicable. C406.4 Enhanced digital lighting controls. Interior general lighting in the building shall have the following enhanced lighting controls that shall be located, scheduled and operated in accordance with Sections C405.2.1 through C405.2.3. 1. Luminaires shall be configured for continuous dimming. 2. Luminaires shall be addressed individually. Where individual addressability is not available for the luminaire class type, a controlled group of not more than four luminaries shall be allowed. 3. Not more than eight luminaires shall be controlled together in a daylight zone. 4. Fixtures shall be controlled through a digital control system that includes the following function: 4.1. Control reconfiguration based on digital addressability. 4.2. Load shedding. 4.3. Occupancy sensors shall be capable of being reconfigured through the digital control system. 5. Construction documents shall include submittal of a Sequence of Operations, including a specification outlining each of the functions in Item 4. 6. Functional testing of lighting controls shall comply with Section C408. C406.5 On-site renewable energy. Buildings shall comply with Section C406.5.1 or C406.5.2. On-site renewable energy systems installed in accordance with this section shall not receive credit in the REMP appendix. C406.5.1 Basic renewable credit. The total minimum ratings of on-site renewable energy systems, not including systems used for credits under Sections C406.7.2, shall be one of the following: 1. Not less than 0.86 Btu/h per square foot (2.7 W/m2) or 0.25 watts per square foot (2.7 W/m2) of conditioned floor area. 2. Not less than 2 percent of the annual energy used within the building for building mechanical and service water-heating equipment and lighting regulated in Section C405. TABLE C406.1(3) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP E OCCUPANCIES SECTION CLIMATE ZONE 7 C406.2.1: 5% heating efficiency improvement 3 C406.2.2: 5% cooling efficiency improvement 1 C406.2.3: 10% heating efficiency improvement 5 C406.2.4: 10% cooling efficiency improvement 2 C406.3: Reduced lighting power 7 C406.4: Enhanced digital lighting controls 2 C406.5: On-site renewable energy 5 C406.6: Dedicated outdoor air system NA C406.7.2: Recovered or renewable water heatinga 1 C406.7.3: Efficient fossil fuel water heatera 3 C406.7.4: Heat pump water heatera 1 C406.8: Enhanced envelope performance 6 C406.9: Reduced air infiltration 4 C406.10: Energy monitoring 2 C406.11: Fault detection and diagnostics system 1 NA = Not Applicable. b. For schools with showers or full-service kitchens. C406.5.2 Enhanced renewable credit. Where the total minimum ratings of on-site renewable energy systems exceeds the rating in Section C406.5.1, additional energy efficiency credits shall be determined based on Equation 4-14, rounded to the nearest whole number. AEECRRa= AEEC2.5× RRa/RR1 where: AEECRRa= Section C406.5.2 additional energy efficiency credits. AEEC2.5 = Section C406.5 credits from Tables C406.1(1) through C406.1(5). RRa = Actual total minimum ratings of on-site renewable energy systems (in Btu/h, watts per square foot or W/m2). RR1 = Minimum ratings of on-site renewable energy systems required by Section C406.5.1 (in Btu/h, watts per square foot or W/m2). (Equation 4-14) C406.6 Dedicated outdoor air system. Buildings containing equipment or systems regulated by Section C403.3.4, C403.4.3, C403.4.4, C403.4.5, C403.6, C403.8.4, C403.8.6, C403.8.6.1, C403.10.1, C403.10.2, C403.10.3 or C403.10.4 shall be equipped with an independent ventilation system designed to provide not less than the minimum 100-percent outdoor air to each individual occupied space, as specified by the International Mechanical Code. The ventilation system shall be capable of total energy recovery. The HVAC system shall include supply-air temperature controls that automatically reset the supply-air temperature in response to representative building loads or to outdoor air temperatures. The controls shall reset the supply-air temperature not less than 25 percent of the difference between the design supply- air temperature and the design room-air temperature. TABLE C406.1(4) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP M OCCUPANCIES SECTION CLIMATE ZONE 7 C406.2.1: 5% heating efficiency improvement 3 C406.2.2: 5% cooling efficiency improvement 1 C406.2.3: 10% heating efficiency improvement 6 C406.2.4: 10% cooling efficiency improvement 2 C406.3: Reduced lighting power 14 C406.4: Enhanced digital lighting controls 3 C406.5: On-site renewable energy 7 C406.6: Dedicated outdoor air system 4 C406.7.2: Recovered or renewable water heating NA C406.7.3: Efficient fossil fuel water heater NA C406.7.4: Heat pump water heater NA C406.8: Enhanced envelope performance 8 C406.9: Reduced air infiltration 6 C406.10: Energy monitoring 4 C406.11: Fault detection and diagnostics system 2 NA = Not Applicable. C406.7 Reduced energy use in service water heating. Buildings shall comply with Section C406.7.1 and Section C406.7.2, C406.7.3 or C406.7.4. C406.7.1 Building type. To qualify for this credit, the building shall contain one of the following use groups, and the additional energy efficiency credit shall be prorated by conditioned floor area of the portion of the building comprised of the following use groups: 1. Group R-1: Boarding houses, hotels or motels. 2. Group I-2: Hospitals, psychiatric hospitals and nursing homes. 3. Group A-2: Restaurants and banquet halls or buildings containing food preparation areas. 4. Group F: Laundries. 5. Group R-2. 6. Group A-3: Health clubs and spas. 7. Group E: Schools with full-service kitchens or locker rooms with showers. C406.7.2 Recovered or renewable water heating. The building service water-heating system shall have one or more of the following that are sized to provide not less than 30 percent of the building’s annual hot water requirements, or sized to provide 70 percent of the building’s annual hot water requirements if the building is required to comply with Section C403.10.5: 1. Waste heat recovery from service hot water, heat- recovery chillers, building equipment or process equipment. 2. On-site renewable energy water-heating systems. TABLE C406.1(5) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR OTHERa OCCUPANCIES SECTION CLIMATE ZONE 7 C406.2.1: 5% heating efficiency improvement 3 C406.2.2: 5% cooling efficiency improvement 1 C406.2.3: 10% heating efficiency improvement 5 C406.2.4: 10% cooling efficiency improvement 2 C406.3: Reduced lighting power 8 C406.4: Enhanced digital lighting controls 2 C406.5: On-site renewable energy 7 C406.6: Dedicated outdoor air system 7 C406.7.2: Recovered or renewable water heatingb 15 C406.7.3: Efficient fossil fuel water heaterb 10 C406.7.4: Heat pump water heaterb 5 C406.8: Enhanced envelope performance 9 C406.9: Reduced air infiltration 7 C406.10: Energy monitoring 3 C406.11: Fault detection and diagnostics system 1 NA = Not Applicable. a. Other occupancy groups include all groups except Groups B, E, I, M and R. b. For occupancy groups listed in Section C406.7.1. C406.7.3 Efficient fossil fuel water heater. The combined input-capacity weighted-average equipment rating of all fossil fuel water-heating equipment in the building shall be not less than 95 percent Et or 0.95 EF. This option shall receive only half the listed credits for buildings required to comply with Section C404.2.1. C406.7.4 Heat pump water heater. Where electric resistance water heaters are allowed, all service hot water system heating requirements shall be met using heat pump technology with a combined input-capacity weighted-average EF of 3.0. Air-source heat pump water heaters shall not draw conditioned air from within the building, except exhaust air that would otherwise be exhausted to the exterior. C406.8 Enhanced envelope performance. The total UA of the building thermal envelope as designed shall be not less than 15 percent below the total UA of the building thermal envelope in accordance with Section C402.1.5. C406.9 Reduced air infiltration. Air infiltration shall be verified by whole-building pressurization testing conducted in accordance with ASTM E779 or ASTM E1827 by an independent third party. The measured air-leakage rate of the building envelope shall not exceed 0.25 cfm/ft2 (2.0 L/s × m2) under a pressure differential of 0.3 inches water column (75 Pa), with the calculated surface area being the sum of the above- and below-grade building envelope. A report that includes the tested surface area, floor area, air by volume, stories above grade, and leakage rates shall be submitted to the code official and the building owner. Exception: For buildings having over 250,000 square feet (25 000 m2) of conditioned floor area, air leakage testing need not be conducted on the whole building where testing is conducted on representative above-grade sections of the building. Tested areas shall total not less than 25 percent of the conditioned floor area and shall be tested in accordance with this section. C406.10 Energy monitoring. Buildings shall be equipped to measure, monitor, record and report energy consumption data in compliance with Sections C406.10.1 through C406.10.5. C406.10.1 Electrical energy metering. For all electrical energy supplied to the building and its associated site, including but not limited to site lighting, parking, recreational facilities, and other areas that serve the building and its occupants, meters or other measurement devices shall be provided to collect energy consumption data for each end-use category required by Section C406.10.2. C406.10.2 End-use metering categories. Meters or other approved measurement devices shall be provided to collect energy use data for each end-use category listed in Table 406.10.2. These meters shall have the capability to collect energy consumption data for the whole building or for each separately metered portion of the building. Where multiple meters are used to measure any end-use category, the data acquisition system shall total all of the energy used by that category. Not more than 5 percent of the measured load for each of the end-use categories listed in Table 406.10.2 is permitted to be from a load not within the category. Exceptions: 1. HVAC and water-heating equipment serving only an individual dwelling unit does not require end-use metering. 2. End-use metering is not required for fire pumps, stairwell pressurization fans or any system that operates only during testing or emergency. TABLE C406.10.2 ENERGY USE CATEGORIES LOAD CATEGORY DESCRIPTION OF ENERGY USE Total HVAC system Heating, cooling and ventilation, including but not limited to fans, pumps, boilers, chillers and water heating. Energy used by 120-volt equipment, or by 208/120-volt equipment that is located in a building where the main service is 480/277-volt power, is permitted to be excluded from total HVAC system energy use. Interior lighting Lighting systems located within the building. Exterior lighting Lighting systems located on the building site but not within the building. Plug loads Devices, appliances and equipment connected to convenience receptacle outlets. Process loads Any single load that is not included in an HVAC, lighting or plug load category and that exceeds 5 percent of the peak connected load of the whole building, including but not limited to data centers, manufacturing equipment and commer- cial kitchens. Building operations and other miscellaneous loads The remaining loads not included elsewhere in this table, including but not limited to vertical transportation systems and automatic doors. C406.10.3 Meters. Meters or other measurement devices required by this section shall be configured to automatically communicate energy consumption data to the data acquisition system required by Section C406.10.4. Source meters shall be allowed to be any digital-type meter. Lighting, HVAC or other building systems that can monitor their energy consumption shall be permitted instead of meters. Current sensors shall be permitted, provided that they have a tested accuracy of ±2 percent. Required metering systems and equipment shall have the capability to provide at least hourly data that is fully integrated into the data acquisition system and graphical energy report in accordance with Sections C406.10.4 and C406.10.5. C406.10.4 Data acquisition system. A data acquisition system shall have the capability to store the data from the required meters and other sensing devices for a minimum of 36 months. The data acquisition system shall have the capability to store real-time energy consumption data and provide hourly, daily, monthly and yearly logged data for each end-use category required by Section C406.10.2. C406.10.5 Graphical energy report. A permanent and readily accessible reporting mechanism shall be provided in the building that is accessible by building operation and management personnel. The reporting mechanism shall have the capability to graphically provide the energy consumption for each end-use category required by Section C406.10.2 at least every hour, day, month and year for the previous 36 months. C406.11 Fault detection and diagnostics system. A fault detection and diagnostics system shall be installed to monitor the HVAC system’s performance and automatically identify faults. The system shall do all of the following: 1. Include permanently installed sensors and devices to monitor the HVAC system’s performance. 2. Sample the HVAC system’s performance at least once every 15 minutes. 3. Automatically identify and report HVAC system faults. 4. Automatically notify authorized personnel of identified HVAC system faults. 5. Automatically provide prioritized recommendations for repair of identified faults based on analysis of data collected from the sampling of the HVAC system performance. 6. Be capable of transmitting the prioritized fault repair recommendations to remotely located authorized personnel. C406.12 Efficient kitchen equipment. For buildings and spaces designated as Group A-2 or facilities that include a commercial kitchen with at least one gas or electric fryer, all fryers, dishwashers, steam cookers and ovens shall comply with all of the following: 1. Achieve performance levels in accordance with the equipment specifications listed in Tables C406.12(1) through C406.12(4) when rated in accordance with the applicable test procedure. 2. Be installed prior to the issuance of the Certificate of Occupancy. 3. Have associated performance levels listed on the construction documents submitted for permitting. Energy efficiency credits for efficient kitchen equipment shall be independent of climate zone and determined based on Equation 4-15, rounded to the nearest whole number. AEECK = 20 × AreaK/AreaB where: AEECK= Section C406.12 additional energy efficiency credits. AreaK= Floor area of full-service kitchen (ft² or m²). AreaB = Gross floor area of building (ft² or m²). (Equation 4-15) TABLE C406.12(1) MINIMUM EFFICIENCY REQUIREMENTS: COMMERCIAL FRYERS FRYER TYPE HEAVY-LOAD COOKING ENERGY EFFICIENCY IDLE ENERGY RATE TEST PROCEDURE Standard open deep-fat gas fryers ≥ 50% ≤ 9,000 Btu/h ASTM F1361 Standard open deep-fat electric fryers ≥ 83% ≤ 800 watts Large-vat open deep-fat gas fryers ≥ 50% ≤ 12,000 Btu/h ASTM F2144 Large-vat open deep-fat electric fryers ≥ 80% ≤ 1,100 watts For SI: 1 Btu/h = 0.293/W. TABLE C406.12(2) MINIMUM EFFICIENCY REQUIREMENTS: COMMERCIAL STEAM COOKERS FUEL TYPE PAN CAPACITY COOKING ENERGY EFFICIENCYa IDLE ENERGY RATE TEST PROCEDURE 3-pan 50% — 4-pan 50% — Electric steam 5-pan 50% — ASTM F1484 6-pan and larger 50% — Gas steam 3-pan 38% — 4-pan 38% — 5-pan 38% — 6-pan and larger 38% — a. Cooking energy efficiency is based on heavy load (potato) cooking capacity. TABLE C406.12(3) MINIMUM EFFICIENCY REQUIREMENTS: COMMERCIAL DISHWASHERS MACHINE TYPE HIGH-TEMPERATURE EFFICIENCY REQUIREMENTS LOW-TEMPERATURE EFFICIENCY REQUIREMENTS TEST PROCEDURE Idle energy ratea Water consumptionb Idle energy ratea Water consumptionb Under counter ≤ 50 kW ≤ 0.86 GPR ≤ 0.50 kW ≤ 1.19 GPR ASTM F1696 ASTM F1920 Stationary single- tank door ≤ 70 kW ≤ 0.89 GPR ≤ 0.60 kW ≤ 1.18 GPR Pot, pan and utensil ≤ 1.20 kW ≤ 0.58 GPR ≤ 1.00 kW ≤ 0.58 GPSF Single-tank conveyor ≤ 1.50 kW ≤ 0.70 GPR ≤ 1.50 kW ≤ 0.79 GPR Multiple-tank conveyor ≤ 2.25 kW ≤ 0.54 GPR ≤ 2.00 kW ≤ 0.54 GPR Single-tank flight Reported GPH ≤ 2.975x + 55.00 Reported GPH ≤ 2.975x + 55.00 Multiple-tank flight Reported GPH ≤ 4.96x + 17.00 Reported GPH ≤ 4.96x + 17.00 a. Idle results shall be measured with the door closed and represent the total idle energy consumed by the machine, including all tank heaters and controls. Booster heater (internal or external) energy consumption shall not be part of this measurement unless it cannot be separately monitored. b. GPR = gallons per rack, GPSF = gallons per square foot of rack, GPH = gallons per hour, x = maximum conveyer belt speed (feet/minute) × conveyer belt width (feet). TABLE C406.12(4) MINIMUM EFFICIENCY REQUIREMENTS: COMMERCIAL OVENS FUEL TYPE CLASSIFICATION IDLE RATE COOKING-ENERGY EFFICIENCY, % TEST PROCEDURE Convection ovens Gas Full-size ≤ 12,000 Btu/h ≥ 46 ASTM F1496 Electric Half-size ≤ 1.0 Btu/h ≥ 71 Full-size ≤ 1.60 Btu/h Combination ovens Gas Steam mode ≤ 200Pa + 6,511 Btu/h ≥ 41 ASTM F2861 Convection mode ≤ 150Pa + 5,425 Btu/h ≥ 56 Electric Steam mode ≤ 0.133Pa + 0.6400 kW ≥ 55 Convection mode ≤ 0.080Pa + 0.4989 kW ≥ 76 Rack ovens Gas Single ≤ 25,000 Btu/h ≥ 48 ASTM F2093 Double ≤ 30,000 Btu/h ≥ 52 For SI: 1 Btu/h = 0.293/W. a. P = Pan Capacity: the number of steam table pans the combination oven is able to accommodate in accordance with ASTM F1495. SECTION C407 TOTAL BUILDING PERFORMANCE Section C407 is deleted in its entirety. Refer to Section C401.2.2 of this code. SECTION C408 MAINTENANCE INFORMATION AND SYSTEM COMMISSIONING C408.1 General. This section covers the provision of maintenance information and the commissioning of, and the functional testing requirements for, building systems. C408.1.1 Building operations and maintenance information. The building operations and maintenance documents shall be provided to the owner and shall consist of manufacturers’ information, specifications and recommendations; programming procedures and data points; narratives; and other means of illustrating to the owner how the building, equipment and systems are intended to be installed, maintained and operated. Required regular maintenance actions for equipment and systems shall be clearly stated on a readily visible label. The label shall include the title or publication number for the operation and maintenance manual for that particular model and type of product. 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-heating systems in buildings where the total mechanical equipment capacity is less than 60,000 Btu/h (140.7 kW) cooling capacity or 250,000 Btu/h (175.8 kW) combined service water-heating and space- heating capacity. C408.2.1 Commissioning plan. A commissioning plan shall be developed by a registered design professional or approved agency and shall include the following items: 1. A narrative description of the activities that will be accomplished during each phase of commissioning, including the personnel intended to accomplish each of the activities. 2. A listing of the specific equipment, appliances or systems to be tested and a description of the tests to be performed. 3. Functions to be tested including, but not limited to, calibrations and economizer controls. 4. Conditions under which the test will be performed. Testing shall affirm winter and summer design conditions and full outside air conditions. 5. Measurable criteria for performance. C408.2.2 Systems adjusting and balancing. HVAC systems shall be balanced in accordance with generally accepted engineering standards. Air and water flow rates shall be measured and adjusted to deliver final flow rates within the tolerances provided in the product specifications. Test and balance activities shall include air system and hydronic system balancing. C408.2.2.1 Air systems balancing. Each supply air outlet and zone terminal device shall be equipped with means for air balancing in accordance with the requirements of Chapter 6 of the International Mechanical Code. Discharge dampers used for air-system balancing are prohibited on constant-volume fans and variable volume fans with motors 10 hp (18.6 kW) and larger. Air systems shall be balanced in a manner to first minimize throttling losses then, for fans with system power of greater than 1 hp (0.746 kW), fan speed shall be adjusted to meet design flow conditions. Exception: Fans with fan motors of 1 hp (0.74 kW) or less are not required to be provided with a means for air balancing. C408.2.2.2 Hydronic systems balancing. Individual hydronic heating and cooling coils shall be equipped with means for balancing and measuring flow. Hydronic systems shall be proportionately balanced in a manner to first minimize throttling losses, then the pump impeller shall be trimmed or pump speed shall be adjusted to meet design flow conditions. Each hydronic system shall have either the capability to measure pressure across the pump, or test ports at each side of each pump. Exception: The following equipment is not required to be equipped with a means for balancing or measuring flow: 1. Pumps with pump motors of 5 hp (3.7 kW) or less. 2. Where throttling results in not greater than 5 percent of the nameplate horsepower draw above that required if the impeller were trimmed. C408.2.3 Functional performance testing. Functional performance testing specified in Sections C408.2.3.1 through C408.2.3.3 shall be conducted. C408.2.3.1 Equipment. Equipment functional performance testing shall demonstrate the installation and operation of components, systems and system-to- system interfacing relationships in accordance with approved plans and specifications such that operation, function and maintenance serviceability for each of the commissioned systems are confirmed. Testing shall include all modes and sequence of operation, including under full-load, part-load and the following emergency conditions: 1. All modes as described in the sequence of operation. 2. Redundant or automatic back-up mode. 3. Performance of alarms. 4. Mode of operation upon a loss of power and restoration of power. Exception: Unitary or packaged HVAC equipment listed in the tables in Section C403.3.2 that do not require supply air economizers. C408.2.3.2 Controls. HVAC and service water-heating control systems shall be tested to document that control devices, components, equipment and systems are calibrated and adjusted and operate in accordance with approved plans and specifications. Sequences of operation shall be functionally tested to document they operate in accordance with approved plans and specifications. C408.2.3.3 Economizers. Air economizers shall undergo a functional test to determine that they operate in accordance with manufacturer’s specifications. C408.2.4 Preliminary commissioning report. A preliminary report of commissioning test procedures and results shall be completed and certified by the registered design professional or approved agency and provided to the building owner or owner’s authorized agent. The report shall be organized with mechanical and service hot water findings in separate sections to allow independent review. The report shall be identified as “Preliminary Commissioning Report,” shall include the completed Commissioning Compliance Checklist, Figure C408.2.4, and shall identify: 1. Itemization of deficiencies found during testing required by this section that have not been corrected at the time of report preparation. 2. Deferred tests that cannot be performed at the time of report preparation because of climatic conditions. 3. Climatic conditions required for performance of the deferred tests. 4. Results of functional performance tests. 5. Functional performance test procedures used during the commissioning process, including measurable criteria for test acceptance. FIGURE C408.2.4 COMMISSIONING COMPLIANCE CHECKLIST C408.2.4.1 Acceptance of report. Buildings, or portions thereof, shall not be considered as acceptable for a final inspection pursuant to Section C105.2.6 until the code official has received the Preliminary Commissioning Report from the building owner or owner’s authorized agent. C408.2.4.2 Copy of report. The code official shall be permitted to require that a copy of the Preliminary Commissioning Report be made available for review by the code official. C408.2.5 Documentation requirements. The construction documents shall specify that the documents described in this section be provided to the building owner or owner’s authorized agent within 90 days of the date of receipt of the certificate of occupancy. C408.2.5.1 System balancing report. A written report describing the activities and measurements completed in accordance with Section C408.2.2. C408.2.5.2 Final commissioning report. A report of test procedures and results identified as “Final Commissioning Report” shall be delivered to the building owner or owner’s authorized agent. The report shall be organized with mechanical system and service hot water system findings in separate sections to allow independent review. The report shall include the following: 1. Results of functional performance tests. 2. Disposition of deficiencies found during testing, including details of corrective measures used or proposed. 3. Functional performance test procedures used during the commissioning process including measurable criteria for test acceptance, provided herein for repeatability. Exception: Deferred tests that cannot be performed at the time of report preparation due to climatic conditions. C408.3 Functional testing of lighting controls. Automatic lighting controls required by this code shall comply with this section. C408.3.1 Functional testing. Prior to passing final inspection, the registered design professional or approved agency shall provide evidence that the lighting control systems have been tested to ensure that control hardware and software are calibrated, adjusted, programmed and in proper working condition in accordance with the construction documents and manufacturer’s instructions. Functional testing shall be in accordance with Sections C408.3.1.1 through C408.3.1.3 for the applicable control type. C408.3.1.1 Occupant sensor controls. Where occupant sensor controls are provided, the following procedures shall be performed: 1. Certify that the occupant sensor has been located and aimed in accordance with manufacturer recommendations. 2. For projects with seven or fewer occupant sensors, each sensor shall be tested. 3. For projects with more than seven occupant sensors, testing shall be done for each unique combination of sensor type and space geometry. Where multiples of each unique combination of sensor type and space geometry are provided, not less than 10 percent and in no case fewer than one, of each combination shall be tested unless the code official or design professional requires a higher percentage to be tested. Where 30 percent or more of the tested controls fail, all remaining identical combinations shall be tested. For occupant sensor controls to be tested, verify the following: 3.1. Where occupant sensor controls include status indicators, verify correct operation. 3.2. The controlled lights turn off or down to the permitted level within the required time. 3.3. For auto-on occupant sensor controls, the lights turn on to the permitted level when an occupant enters the space. 3.4. For manual-on occupant sensor controls, the lights turn on only when manually activated. 3.5. The lights are not incorrectly turned on by movement in adjacent areas or by HVAC operation. C408.3.1.2 Time-switch controls. Where time-switch controls are provided, the following procedures shall be performed: 1. Confirm that the time-switch control is programmed with accurate weekday, weekend and holiday schedules. 2. Provide documentation to the owner of time- switch controls programming including week- day, weekend, holiday schedules, and set-up and preference program settings. 3. Verify the correct time and date in the time switch. 4. Verify that any battery back-up is installed and energized. 5. Verify that the override time limit is set to not more than 2 hours. 6. Simulate occupied condition. Verify and document the following: 6.1. All lights can be turned on and off by their respective area control switch. 6.2. The switch only operates lighting in the enclosed space in which the switch is located. 7. Simulate unoccupied condition. Verify and document the following: 7.1. Nonexempt lighting turns off. 7.2. Manual override switch allows only the lights in the enclosed space where the override switch is located to turn on or remain on until the next scheduled shut- off occurs. 8. Additional testing as specified by the registered design professional. C408.3.1.3 Daylight responsive controls. Where daylight responsive controls are provided, the following shall be verified: 1. Control devices have been properly located, field calibrated and set for accurate setpoints and threshold light levels. 2. Daylight controlled lighting loads adjust to light level setpoints in response to available daylight. 3. The calibration adjustment equipment is located for ready access only by authorized personnel. C408.3.2 Documentation requirements. The construction documents shall specify that the documents described in this section be provided to the building owner or owner’s authorized agent within 90 days of the date of receipt of the certificate of occupancy. C408.3.2.1 Drawings. Construction documents shall include the location and catalogue number of each piece of equipment. C408.3.2.2 Manuals. An operating and maintenance manual shall be provided and include the following: 1. Name and address of not less than one service agency for installed equipment. 2. A narrative of how each system is intended to operate, including recommended setpoints. 3. Submittal data indicating all selected options for each piece of lighting equipment and lighting controls. 4. Operation and maintenance manuals for each piece of lighting equipment. Required routine maintenance actions, cleaning and recommended relamping shall be clearly identified. 5. A schedule for inspecting and recalibrating all lighting controls. C408.3.2.3 Report. A report of test results shall be provided and include the following: 1. Results of functional performance tests. 2. Disposition of deficiencies found during testing, including details of corrective measures used or proposed. CHAPTER 5 [CE] EXISTING BUILDINGS User note: About this chapter: Many buildings are renovated or altered in numerous ways that could affect the energy use of the building as a whole. Chapter 5 requires the application of certain parts of Chapter 4 in order to maintain, if not improve, the conservation of energy by the renovated or altered building. SECTION C501 GENERAL C501.1 Scope. The provisions of this chapter shall control the alteration, repair, addition and change of occupancy of existing buildings and structures. C501.1.1 Existing buildings. Except as specified in this chapter, this code shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of this code. C501.2 Compliance. Additions, alterations, repairs, and changes of occupancy to, or relocation of, existing buildings and structures shall comply with Sections C502, C503, C504 and C505 of this code, as applicable, and with the provisions for alterations, repairs, additions and changes of occupancy or relocation, respectively, in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, and NFPA 70. Changes where unconditioned space is changed to conditioned space shall comply with Section C502. Exception: Additions, alterations, repairs or changes of occupancy complying with ANSI/ASHRAE/IESNA 90.1. C501.3 Maintenance. Buildings and structures, and parts thereof, shall be maintained in a safe and sanitary condition. Devices and systems required by this code shall be maintained in conformance to the code edition under which they were installed. The owner or the owner’s authorized agent shall be responsible for the maintenance of buildings and structures. The requirements of this chapter shall not provide the basis for removal or abrogation of energy conservation, fire protection and safety systems and devices in existing structures. C501.4 New and replacement materials. Except as otherwise required or permitted by this code, materials permitted by the applicable code for new construction shall be used. Like materials shall be permitted for repairs, provided that hazards to life, health or property are not created. Hazardous materials shall not be used where the code for new construction would not allow use of these materials in buildings of similar occupancy, purpose and location. C501.5 Historic buildings. Provisions of this code relating to the construction, repair, alteration, restoration and movement of structures, and change of occupancy shall not be mandatory for historic buildings provided that a report has been submitted to the code official and signed by a registered design professional, or a representative of the State Historic Preservation Office or the historic preservation authority having jurisdiction, demonstrating that compliance with that provision would threaten, degrade or destroy the historic form, fabric or function of the building. SECTION C502 ADDITIONS C502.1 General. Additions to an existing building, building system or portion thereof shall conform to the provisions of this code as those provisions relate to new construction with- out requiring the unaltered portion of the existing building or building system to comply with this code. Additions shall not create an unsafe or hazardous condition or overload existing building systems. An addition shall be deemed to comply with this code if the addition alone complies or if the existing building and addition comply with this code as a single building. C502.2 Change in space conditioning. Any nonconditioned or low-energy space that is altered to become conditioned space shall be required to comply with Section C502. Exceptions: 1. Where the component performance alternative in Section C402.1.5 is used to comply with this section, the proposed UA shall be not greater than 110 percent of the target UA. 2. Where the total building performance option in Section C407 is used to comply with this section, the annual energy cost of the proposed design shall be not greater than 110 percent of the annual energy cost otherwise permitted by Section C401.2.2 C502.3 Compliance. Additions shall comply with Sections C502.3.1 through C502.3.7. C502.3.1 Vertical fenestration area. Additions shall comply with the following: 1. Where an addition has a new vertical fenestration area that results in a total building fenestration area less than or equal to that permitted by Section C402.4.1, the addition shall comply with Section C402.1.5, C402.4.3 or C401.2.2 2. Where an addition with vertical fenestration that results in a total building fenestration area greater than Section C402.4.1 or an addition that exceeds the fenestration area greater than that permitted by Section C402.4.1, the fenestration shall comply with Section C402.4.1.1 for the addition only. 3. Where an addition has vertical fenestration that results in a total building vertical fenestration area exceeding that permitted by Section C402.4.1.1, the addition shall comply with Section C402.1.5 or C401.2.2. C502.3.2 Skylight area. Skylights shall comply with the following: 1. Where an addition has new skylight area that results in a total building fenestration area less than or equal to that permitted by Section C402.4.1, the addition shall comply with Section C402.1.5 or C401.2.2. 2. Where an addition has new skylight area that results in a total building skylight area greater than permitted by Section C402.4.1 or where additions have skylight area greater than that permitted by Section C402.4.1, the skylight area shall comply with Section C402.4.1.2 for the addition only. 3. Where an addition has skylight area that results in a total building skylight area exceeding that permitted by Section C402.4.1.2, the addition shall comply with Section C402.1.5 or C401.2.2. C502.3.3 Building mechanical systems. New mechanical systems and equipment that are part of the addition and serve the building heating, cooling and ventilation needs shall comply with Sections C403 and C408. C502.3.4 Service water-heating systems. New service water-heating equipment, controls and service water- heating piping shall comply with Section C404. C502.3.5 Pools and inground permanently installed spas. New pools and inground permanently installed spas shall comply with Section C404.9. C502.3.6 Electrical power and Lighting systems. New lighting systems that are installed as part of the addition shall comply with Sections C405 and C408. C502.3.6.1 Interior lighting power. The total interior lighting power for the addition shall comply with Section C405.3.2 for the addition alone, or the existing building and the addition shall comply as a single building. C502.3.6.2 Exterior lighting power. The total exterior lighting power for the addition shall comply with Section C405.5.2 for the addition alone, or the existing building and the addition shall comply as a single building. C502.3.6.3 Renewable energy infrastructure. Additions with a new roof shall comply with section C405.15. Exceptions: 1. Additions where the new roof area is less than less than 600 square feet of roof area oriented between 110 degrees and 270 degrees of true north. 2. Additions that increase the conditioned floor area of the building by less than 10 percent. 3. Additions where an unshaded flat plate collector oriented towards the equator and tilted at an angle from horizontal equal to the latitude receives an annual daily average incident solar radiation less than 3.5 kWh/m²·day (1.1 kBtu/ft²·day). 4. Additions where more than 80 percent of the roof area is covered by any combination of equipment other than for on-site renewable energy systems, planters, vegetated space, skylights, or occupied roof deck. 5. Additions where more than 50 percent of roof area is shaded from direct beam sunlight by natural objects or by structures that are not part of the building for more than 2,500 annual hours between 8:00 AM and 4:00 PM. C502.3.6.4 Electric vehicle charging infrastructure. New parking facilities and new parking spaces added to existing parking facilities shall comply with Section C405.14 based on the number of new parking spaces. C502.3.7 Energy Reporting. Additions shall comply with section C405.12.9. SECTION C503 ALTERATIONS C503.1 General. Alterations to any building or structure shall comply with the requirements of Section C503. Alterations shall be such that the existing building or structure is not less conforming to the provisions of this code than the existing building or structure was prior to the alteration. Alterations to an existing building, building system or portion thereof shall conform to the provisions of this code as those provisions relate to new construction without requiring the unaltered portions of the existing building or building system to comply with this code. Alterations shall not create an unsafe or hazardous condition or overload existing building systems. Exception: The following alterations need not comply with the requirements for new construction, provided that the energy use of the building is not increased: 1. Storm windows installed over existing fenestration. 2. Surface-applied window film installed on existing single-pane fenestration assemblies reducing solar heat gain, provided that the code does not require the glazing or fenestration to be replaced. 3. Roof recover. 4. Roof replacement where roof assembly insulation is integral to or located below the structural roof deck. 5. Air barriers shall not be required for roof recover and roof replacement where the alterations or renovations to the building do not include alterations, renovations or repairs to the remainder of the building envelope. 6. An existing building undergoing alterations that complies with Section C401.2.2 . C503.2 Building thermal envelope. Alterations of existing building thermal envelope assemblies shall comply with this section. New building envelope assemblies that are part of the alteration shall comply with section C402. An area-weighted average U-factor for new and altered portions of the building thermal envelope shall be permitted to satisfy the U-factor requirements in Table C402.1.4. The existing R-value of insulation shall not be reduced or the U-factor of a building thermal envelope assembly be increased as part of a building thermal envelope alteration except where complying with Section C407. Exception: Where the existing building exceeds the fenestration area limitations of Section C402.4.1 prior to alteration, the building is exempt from Section C402.4.1 provided that there is not an increase in fenestration area. C503.2.1 Roof alterations . Roof alterations shall comply with this section. C503.2.1.1 Roof insulation. Roof insulation complying with Section C402.1 and Section C402.2.1 or an approved design that minimizes deviation from the insulation requirements, shall be provided for the following roof alterations: 1. An alteration to roof-ceiling construction where there is no insulation above conditioned space, 2. Roof replacement for roofs with insulation above deck, 3. Conversion of unconditioned attic space into conditioned space, 4. Replacement of ceiling finishes exposing cavities or surfaces of the roof-ceiling construction to which insulation can be applied. Roofs not constructed to currently adopted snow loads shall provide a report by a registered design professional or other approved source documenting the structure is capable of supporting loads associated with any changes required by this section. Where compliance with Section C402.1 cannot be met due to limiting conditions on an existing roof, the following shall be permitted to demonstrate compliance with the insulation requirements: 1. Construction documents that include a report by a registered design professional or other approved source documenting details of the limiting conditions affecting compliance with the insulation requirements. 2. Construction documents that include a roof design by a registered design professional or other approved source that minimizes deviation from the insulation requirements. C503.2.1.2 Roof and gutter deicing controls. Roof recover and roof replacement alterations with existing or new roof and gutter deicing systems shall have controls complying with C403.13.4 installed. C503.2.2 Vertical fenestration. The addition of vertical fenestration that results in a total building fenestration area less than or equal to that specified in Section C402.4.1 shall comply with Section C402.1.5, C402.4.3 or C401.2.2. The addition of vertical fenestration that results in a total building fenestration area greater than Section C402.4.1 shall comply with Section C402.4.1.1 for the space adjacent to the new fenestration only. Alterations that result in a total building vertical fenestration area exceeding that specified in Section C402.4.1 shall comply with Section C402.1.5 or C402.2.2 . Provided that the vertical fenestration area is not changed, using the same vertical fenestration area in the standard reference design as the building prior to alteration shall be an alternative to using the vertical fenestration area specified in ASHRAE 90.1 Appendix G. C503.2.2.1 Application to replacement fenestration products. Where some or all of an existing fenestration unit is replaced with a new fenestration product, including sash and glazing, the replacement fenestration unit shall meet the applicable requirements for U-factor and SHGC in Table C402.4. Exception: An area-weighted average of the U-factor of replacement fenestration products being installed in the building for each fenestration product category listed in Table C402.4 shall be permitted to satisfy the U-factor requirements for each fenestration product category listed in Table C402.4. Individual fenestration products from different product categories listed in Table C402.4 shall not be combined in calculating the area-weighted average U-factor. C503.2.3 Skylight area. New skylight area that results in a total building skylight area less than or equal to that specified in Section C402.4.1 shall comply with Section C402.1.5, C402.4 or C401.2.2 . The addition of skylight area that results in a total building skylight area greater than Section C402.4.1 shall comply with Section C402.4.1.2 for the space adjacent to the new skylights. Alterations that result in a total building skylight area exceeding that specified in Section C402.4.1.2 shall comply with Section C402.1.5 or C401.2.2 . Provided that the skylight area is not changed, using the same skylight area in the standard reference design as the building prior to alteration shall be an alternative to using the skylight area specified in Table C407.4.1(1). C503.2.4 Above-grade wall alterations. Above-grade wall alterations shall comply with the following: 1. Where wall cavities are exposed, the cavity shall be filled with cavity insulation complying with Section C303.1.4. New cavities created shall be insulated in accordance with Section C402.1 or an approved design that minimizes deviation from the insulation requirements. 2. Where exterior wall coverings and fenestration are added or replaced for the full extent of any exterior wall assembly on one or more elevations of the building, insulation shall be provided where required in accordance with one of the following: 2.1. An R-value of continuous insulation not less than that designated in Table C402.1.3 for the applicable above- grade wall type and existing cavity insulation R-value, if any; 2.2. An R-value of not less than that required to bring the above-grade wall into compliance with Table C402.1.2; or, 2.3. An approved design that minimizes deviation from the insulation requirements of Section C402.1. 3. Where Items 1 and 2 apply, the insulation shall be provided in accordance with Section C402.1. Where any of the above requirements are applicable, the above-grade wall alteration shall comply with Sections 1402.2 and 1404.3 of the International Building Code. C503.2.5 Floor alterations. Where an alteration to a floor or floor overhang exposes cavities or surfaces to which insulation can be applied, and the floor or floor overhang is part of the building thermal envelope, the floor or floor overhang shall be brought into compliance with Section C402.1 or an approved design that minimizes deviation from the insulation requirements. This requirement applies to floor alterations where the floor cavities or surfaces are exposed and unobstructed prior to construction. C503.2.6 Below-grade wall alterations. Where unconditioned below-grade space is changed to conditioned space, walls enclosing such conditioned space shall be insulated where required in accordance with Section C402.1. Where the below-grade space is conditioned space and where walls enclosing such space are altered, they shall be insulated where required in accordance with Section C402.1. C503.2.7 Air barrier. Altered building thermal envelope assemblies shall be provided with an air barrier in accordance with Section C402.5.1. Such air barrier shall be continuous with unaltered portions of the building thermal envelope to the extent feasible within the scope of work. Testing requirements of Section C402.5.1.2 shall not be required. C503.3 Heating and cooling systems. New heating, cooling and duct systems that are part of the alteration shall comply with Sections C403 and C408. C503.3.1 Economizers. New cooling systems that are part of alteration shall comply with Section C403.5. C503.3.2 Mechanical system acceptance testing. Where an alteration requires compliance with Section C403 or any of its subsections, mechanical systems that serve the alteration shall comply with Sections C408.2.2, C408.2.3 and C408.2.5. C503.4 Service hot water systems. New service hot water systems that are part of the alteration shall comply with Sections C404 and C408. C503.4.1 Service hot water system acceptance testing. Where an alteration requires compliance with Section C404 or any of its subsections, service hot water systems that serve the alteration shall comply with Sections C408.2.3 and C408.2.5. C503.5 Lighting systems. New lighting systems that are part of the alteration shall comply with Sections C405 and C408. Exception: Alterations that replace less than 10 percent of the luminaires in a space, provided that such alterations do not increase the installed interior lighting power. C503.6. New parking facilities. New parking facilities and new parking spaces added to existing parking facilities shall comply with Section C405.14 based on the number of new parking spaces. C503.7 Alterations to parking structure electrical service. Where the electrical service serving a parking garage is replaced, the electrical service shall be sized to provide capacity for the parking garage to meet the requirements of Section C405.14 as a new parking facility. C503.8 Energy Reporting. Level 3 alterations shall comply with section C405.12.9. SECTION C504 REPAIRS C504.1 General. Buildings and structures, and parts thereof, shall be repaired in compliance with Section C501.3 and this section. Work on nondamaged components that is necessary for the required repair of damaged components shall be considered to be part of the repair and shall not be subject to the requirements for alterations in this chapter. Routine maintenance required by Section C501.3, ordinary repairs exempt from permit and abatement of wear due to normal service conditions shall not be subject to the requirements for repairs in this section. Where a building was constructed to comply with ANSI/ASHRAE/IESNA 90.1, repairs shall comply with the standard and need not comply with Sections C402, C403, C404 and C405. C504.2 Application. For the purposes of this code, the following shall be considered to be repairs: 1. Glass-only replacements in an existing sash and frame. 2. Roof repairs. 3. Air barriers shall not be required for roof repair where the repairs to the building do not include alterations, renovations or repairs to the remainder of the building envelope. 4. Replacement of existing doors that separate conditioned space from the exterior shall not require the installation of a vestibule or revolving door, provided that an existing vestibule that separates a conditioned space from the exterior shall not be removed. 5. Repairs where only the bulb, the ballast or both within the existing luminaires in a space are replaced, provided that the replacement does not increase the installed interior lighting power. SECTION C505 CHANGE OF OCCUPANCY OR USE C505.1 General. Spaces undergoing a change in occupancy that would result in an increase in demand for either fossil fuel or electrical energy shall comply with this code. Where the use in a space changes from one use in Table C405.3.2(1) or C405.3.2(2) to another use in Table C405.3.2(1) or C405.3.2(2), the installed lighting wattage shall comply with Section C405.3. Where the space undergoing a change in occupancy or use is in a building with a fenestration area that exceeds the limitations of Section C402.4.1, the space is exempt from Section C402.4.1 provided that there is not an increase in fenestration area. Exceptions: 1. Where the component performance alternative in Section C402.1.5 is used to comply with this section, the proposed UA shall not be greater than 110 percent of the target UA. 2. Where the total building performance option in Section C407 is used to comply with this section, the annual energy cost of the proposed design shall not be greater than 110 percent of the annual energy cost otherwise permitted by Section C407.3. APPENDIX CD: Renewable Energy Mitigation Program (REMP) CD101.1 REMP. Buildings and exterior energy uses shall comply with IECC-Residential Provisions Appendix RD Renewable Energy Mitigation Program (REMP) as applicable. 2021 INTERNATIONAL ENERGY CONSERVATION CODE® CHAPTER 6 [CE] REFERENCED STANDARDS User note: About this chapter: Chapter 6 lists the full title, edition year and address of the promulgator for all standards that are referenced in the code. The section numbers in which the standards are referenced are also listed. This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgat- ing agency of the standard, the standard identification, the effective date and title, and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 108. AAMA American Architectural Manufacturers Association 1827 Walden Office Square Suite 550 Schaumburg, IL 60173-4268 AAMA/WDMA/CSA 101/I.S.2/A C440—17: North American Fenestration Standard/Specifications for Windows, Doors and Unit Skylights Table C402.5.5 AHAM Association of Home Appliance Manufacturers 1111 19th Street NW, Suite 402 Washington, DC 20036 ANSI/AHAM RAC-1—2015: Room Air Conditioners Table C403.3.2(4) AHRI Air-Conditioning, Heating, & Refrigeration Institute 2111 Wilson Blvd, Suite 500 Arlington, VA22201 210/240—2017 and 2023: Performance Rating of Unitary Air-conditioning and Air-source Heat Pump Equipment Table C403.3.2(1), Table C403.3.2(2) 310/380—2017 (CSA-C744-17): Packaged Terminal Air Conditioners and Heat Pumps Table C403.3.2(4) 340/360—2019: Performance Rating of Commercial and Industrial Unitary Air-conditioning and Heat Pump Equipment Table C403.3.2(1), Table C403.3.2(2) 365(I-P)—2009: Commercial and Industrial Unitary Air-conditioning Condensing Units Table C403.3.2(1) 390 (I-P)—2003: Performance Rating of Single Package Vertical Air-conditioners and Heat Pumps Table C403.3.2(3) 400 (I-P)—2015: Performance Rating of Liquid to Liquid Heat Exchangers C403.3.2 440—2008: Performance Rating of Room Fan Coils—with Addendum 1 C403.12.3 460—2005: Performance Rating of Remote Mechanical-draft Air-cooled Refrigerant Condensers Table C403.3.2(7) 550/590 (I-P)—2018: Performance Rating of Water-chilling and Heat Pump Water-heating Packages Using the Vapor Compression Cycle Table C403.3.2(3), Table C403.3.2(15) 560—2018: Absorption Water Chilling and Water Heating Packages Table C403.3.2(3) 910—2014: Performance Rating of Indoor Pool Dehumidifiers Table C403.3.2(11) C6-1 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® AHRI—continued 920—2015: Performance Rating of DX-Dedicated Outdoor Air System Units Table C403.3.2(12) , Table C403.3.2(13) 1160 (I-P) —2014: Performance Rating of Heat Pump Pool Heaters (with Addendum 1) Table C404.2 1200 (I-P)—2013: Performance Rating of Commercial Refrigerated Display Merchandisers and Storage Cabinets Table C403.11.1 1230—2014: Performance Rating of Variable Refrigerant Flow (VRF) Multi-split Air-Conditioning and Heat Pump Equipment (with Addendum 1) Table C403.3.2(9) 1250 (I-P)—2014: Standard for Performance Rating in Walk-in Coolers and Freezers Table C403.11.2.1(3) 1360—2017: Performance Rating of Computer and Data Processing Room Air Conditioners Table C403.3.2(10) , Table C403.3.2(16) ISO/AHRI/ASHRAE 13256-1 (2012): Water-to-Air and Brine-to-Air Heat Pumps—Testing and Rating for Performance Table C403.3.2(14) AMCA Air Movement and Control Association International 30 West University Drive Arlington Heights, IL 60004-1806 208—18: Calculation of the Fan Energy Index C403.8.3 220—19: Laboratory Methods of Testing Air Curtain Units for Aerodynamic Performance Rating C402.5.9 230—15: Laboratory Methods of Testing Air Circulating Fans for Rating and Certification C403.9 500D—18: Laboratory Methods for Testing Dampers for Rating C403.7.7 ANSI American National Standards Institute 25 West 43rd Street, 4th Floor New York, NY 10036 Z21.10.3/CSA 4.3—17: Gas Water Heaters, Volume III—Storage Water Heaters with Input Ratings Above 75,000 Btu per Hour, Circulating Tank and Instantaneous Table C404.2 Z21.47/CSA 2.3—16: Gas-fired Central Furnaces Table C403.3.2(4) Z83.8/CSA 2.6—16: Gas Unit Heaters, Gas Packaged Heaters, Gas Utility Heaters and Gas-fired Duct Furnaces Table C403.3.2(4) APSP Pool & Hot Tub Alliance (formerly the Association of Pool and Spa Professionals 2111 Eisenhower Avenue, Suite 580 Alexandria, VA 22314 14—2019: American National Standard for Portable Electric Spa Energy Efficiency C404.7 ASABE American Society of Agricultural and Biological Engineers 2950 Niles Road St. Joseph, MI 49085 S640—2017: Quantities and Units of Electromagnetic Radiation for Plants (Photosynthetic Organisms) C405.4 C6-2 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® ASHRAE ASHRAE 180 Technology Parkway NW Peachtree Corners, GA 30092 55—2017: Thermal Environmental Conditions for Human Occupancy Table C407.4.1(1) 90.1—2019: Energy Standard for Buildings Except Low-rise Residential Buildings C402.1.4, C406.2 90.4—2016: Energy Standard for Data Centers C403.1.2 , C405.2.4 140—2014: Standard Method of Test for the Evaluation of Building Energy Analysis Computer Programs C407.5.1 146—2011: Testing for Rating Pool Heaters Table C404.2 ANSI/ASHRAE/ACCA Standard 183—(RA2017): Peak Cooling and Heating Load Calculations in Buildings, Except Low-rise Residential Buildings C403.1.1 ASHRAE—2020: HVAC Systems and Equipment Handbook—2020 C403.1.1 ISO/AHRI/ASHRAE 13256-1 (2012): Water-to-Air and Brine-to-Air Heat Pumps—Testing and Rating for Performance Table C403.3.2(14) ISO/AHRI/ASHRAE 13256-2 (2012): Water-to-Water and Brine-to-Water Heat Pumps—Testing and Rating for Performance Table C403.3.2(14) ASME American Society of Mechanical Engineers Two Park Avenue New York, NY 10016-5990 ASME A17.1—2019/CSA B44—19: Safety Code for Elevators and Escalators C405.9.2 ASTM ASTM International 100 Barr Harbor Drive, P.O. Box C700 West Conshohocken, PA 19428-2959 C90—2016A: Specification for Load-bearing Concrete Masonry Units Table C402.1.3 C1363—11: Standard Test Method for Thermal Performance of Building Materials and Envelope Assemblies by Means of a Hot Box Apparatus C303.1.4.1, Table C402.1.4, 402.2.7 C1371—15: Standard Test Method for Determination of Emittance of Materials Near Room Temperature Using Portable Emissometers Table C402.3 C1549—2016: Standard Test Method for Determination of Solar Reflectance Near Ambient Temperature Using a Portable Solar Reflectometer Table C402.3 D1003—13: Standard Test Method for Haze and Luminous Transmittance of Transparent Plastics C402.4.2.2 D8052/D8052M—2017: Standard Test Method for Quantification of Air Leakage in Low-Sloped Membrane Roof Assemblies C402.5.2.1.2 E283—2004(2012): Test Method for Determining the Rate of Air Leakage Through Exterior Windows, Curtain Walls and Doors Under Specified Pressure Differences Across the Specimen C402.5.2.1.2, Table C402.5.5, C402.5.11 E408—13: Test Methods for Total Normal Emittance of Surfaces Using Inspection-meter Techniques Table C402.3 C6-3 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® ASTM—continued E779—10(2018): Standard Test Method for Determining Air Leakage Rate by Fan Pressurization C402.5.3, C402.5.4, C406.9 E903—2012: Standard Test Method Solar Absorptance, Reflectance and Transmittance of Materials Using Integrating Spheres (Withdrawn 2005) Table C402.3 E1677—11: Specification for Air Barrier (AB) Material or Systems for Low-rise Framed Building Walls C402.5.2.1.2 E1827—2011(2017): Standard Test Methods for Determining Airtightness of Building Using an Orifice Blower Door C402.5.3, C402.5.4, C406.9 E1918—06(2016): Standard Test Method for Measuring Solar Reflectance of Horizontal or Low-sloped Surfaces in the Field Table C402.3 E1980—11: Standard Practice for Calculating Solar Reflectance Index of Horizontal and Low-sloped Opaque Surfaces Table C402.3 E2178—13: Standard Test Method for Air Permanence of Building Materials C402.5.2.1.1 E2357—2018: Standard Test Method for Determining Air Leakage of Air Barriers Assemblies C402.5.2.1.2 F1281—2017: Specification for Cross-linked Polyethylene/Aluminum/Cross-linked Polyethylene (PEX-AL_PEX) Pressure Pipe Table C404.5.2.1 F1361—2017: Standard Test Method for Performance of Open Deep Fat Fryers Table C406.12(1) F1484—2018: Standard Test Method for Performance of Steam Cookers Table C406.12(2) F1495—2014a: Standard Specification for Combination Oven Electric or Gas Fired Table C406.12(4) F1496—2013: Standard Test Method for Performance of Convection Ovens Table C406.12(4) F1696—2018: Standard Test Method for Energy Performance of Stationary-Rack, Door-Type Commercial Dishwashing Machines Table C406.12(3) F1920—2015: Standard Test Method for Performance of Rack Conveyor Commercial Dishwashing Machines Table C406.12(3) F2093—2018: Standard Test Method for Performance of Rack Ovens Table C406.12(4) F2144—2017: Standard Test Method for Performance of Large Open Vat Fryers Table C406.12(1) F2861—2017: Standard Test Method for Enhanced Performance of Combination Oven in Various Modes Table C406.12(4) CRRC Cool Roof Rating Council 2435 North Lombard Street Portland, OR 97217 ANSI/CRRC-S100—2020: Standard Test Methods for Determining Radiative Properties of Materials Table C402.3, C402.3.1 CSA CSA Group 8501 East Pleasant Valley Road Cleveland, OH 44131-5516 AAMA/WDMA/CSA 101/I.S.2/A440—17: North American Fenestration Standard/Specification for Windows, Doors and Unit Skylights Table C402.5.5 CSA B55.1—2015: Test Method for Measuring Efficiency and Pressure Loss of Drain Water Heat Recovery Units C404.7 CSA B55.2—2015: Drain Water Heat Recovery Units C404.7 C6-4 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® CTI Cooling Technology Institute P. O. Box 681807 Houston, TX 77268 ATC 105—2019: Acceptance Test Code for Water Cooling Tower Table C403.3.2(7) ATC 105DS—2018: Acceptance Test Code for Dry Fluid Coolers Table C403.3.2(7) ATC 105S—11: Acceptance Test Code for Closed Circuit Cooling Towers Table C403.3.2(7), Table C403.3.2(8) ATC 106—11: Acceptance Test for Mechanical Draft Evaporative Vapor Condensers Table C403.3.2(7), Table C403.3.2(8) CTI STD 201 RS(17): Performance Rating of Evaporative Heat Rejection Equipment Table C403.3.2(7), Table C403.3.2(8) DASMA Door & Access Systems Manufacturers Association, International 1300 Sumner Avenue Cleveland, OH 44115-2851 105—2017: Test Method for Thermal Transmittance and Air Infiltration of Garage Doors and Rolling Doors C303.1.3, Table C402.5.5 DOE US Department of Energy c/o Superintendent of Documents 1000 Independence Avenue SW Washington, DC 20585 10 CFR, Part 430—2015: Energy Conservation Program for Consumer Products: Test Procedures and Certification and Enforcement Requirement for Plumbing Products; and Certification and Enforcement Requirements for Residential Appliances; Final Rule Table C403.3.2(1), Table C403.3.2(2), Table C403.3.2(5), Table C403.3.2(6), Table C403.3.2(14), Table C404.2 10 CFR, Part 431—2015: Energy Efficiency Program for Certain Commercial and Industrial Equipment: Test Procedures and Efficiency Standards; Final Rules Table C403.3.2(6), C403.8.4, C403.11, C403.11.1, Table C403.11.1, C403.11.2, C405.7, Table C405.7, C405.8, Table C405.8(1), Table C405.8(2), Table C405.8(3), Table C405.8(4) ICC International Code Council, Inc. 500 New Jersey Avenue NW 6th Floor Washington, DC 20001 IBC—21: International Building Code® C201.3, C303.2, C402.5.6, C501.2 ICC 500—2020: Standard for the Design and Construction of Storm Shelters C402.4.2 IFC—21: International Fire Code® C201.3, C501.2 IFGC—21: International Fuel Gas Code® C201.3, C501.2 IMC—21: International Mechanical Code® C403.2.2, C403.6, C403.6.6, C403.7.1, C403.7.2, C403.7.4.2, C403.7.5, C403.7.7, C403.12.1, C403.12.2.1, C403.12.2.2, C406.6, C501.2 IPC—21: International Plumbing Code® C201.3, C501.2 IPMC—21: International Property Maintenance Code® C501.2 IPSDC—21: International Private Sewage Disposal Code® C501.2 C6-5 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® IEEE Institute of Electrical and Electronic Engineers 3 Park Avenue, 17th Floor New York, NY 10016 IEEE 515.1—2012: IEE Standard for the Testing, Design, Installation, and Maintenance of Electrical Resistance Trace Heating for Commercial Applications C404.6.2 IES Illuminating Engineering Society 120 Wall Street, 17th Floor New York, NY 10005-4001 ANSI/ASHRAE/IESNA 90.1—2019: Energy Standard for Buildings, Except Low-rise Residential Buildings C401.2, Table C402.1.3, Table C402.1.4, C406.2, C502.1, C503.1, C504.1 ISO International Organization for Standardization Chemin de Blandonnet 8, CP 401, 1214 Vernier Geneva, Switzerland ISO/AHRI/ASHRAE 13256-1(: 2017): Water-to-Air and Brine-to-Air Heat Pumps—Testing and Rating for Performance Table C403.3.2(14) ISO/AHRI/ASHRAE 13256-2(2017): Water-to-Water and Brine-to-Water Heat Pumps—Testing and Rating for Performance Table C403.3.2(14) NEMA National Electrical Manufacturers Association 1300 North 17th Street, Suite 900 Rosslyn, VA 22209 MG1—2016: Motors and Generators C202 NFPA National Fire Protection Association 1 Batterymarch Park Quincy, MA 02169-7471 70—20: National Electrical Code C501.2 NFRC National Fenestration Rating Council, Inc. 6305 Ivy Lane, Suite 140 Greenbelt, MD 20770 100—2020: Procedure for Determining Fenestration Products U-factors C303.1.3, Table 402.1.4, C402.2.1.5, C402.4.1.1 200—2020: Procedure for Determining Fenestration Product Solar Heat Gain Coefficients and Visible Transmittance at Normal Incidence C303.1.3, C402.4.1.1 203—2017: Procedure for Determining Translucent Fenestration Product Visible Transmittance at Normal Incidence C303.1.3 400—2020: Procedure for Determining Fenestration Product Air Leakage Table C402.5.5 SMACNA Sheet Metal and Air Conditioning Contractors’ National Association, Inc. 4021 Lafayette Center Drive Chantilly, VA 20151-1219 SMACNA—2012: HVAC Air Duct Leakage Test Manual Second Edition C403.12.2.3 C6-6 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® UL UL LLC 333 Pfingsten Road Northbrook, IL 60062-2096 710—12: Exhaust Hoods for Commercial Cooking Equipment—with Revisions through November 2013 C403.7.5 727—18: Oil-fired Central Furnaces Table C403.3.2(4), Table C403.3.2(5) 731—18: Oil-fired Unit Heaters Table C403.3.2(5) 1784—15: Air Leakage Tests of Door Assemblies—with Revisions through February 2015 C402.5.6, C402.5.7 US-FTC United States-Federal Trade Commission 600 Pennsylvania Avenue NW Washington, DC 20580 CFR Title 16 (2015): R-value Rule C303.1.4 WDMA Window and Door Manufacturers Association 2025 M Street NW, Suite 800 Washington, DC 20036-3309 AAMA/WDMA/CSA 101/I.S.2/A440—17: North American Fenestration Standard/Specification for Windows, Doors and Unit Skylights Table C402.5.5 C6-7 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 CHAPTER 1 [RE] SCOPE AND ADMINISTRATION User note: About this chapter: Chapter 1 establishes the limits of applicability of this code and describes how the code is to be applied and enforced. Chapter 1 is in two parts: Part 1—Scope and Application (Sections R101–R102) and Part 2—Administration and Enforcement (Sections R103–R110). Section R101 identifies which buildings and structures come under its purview and references other I-Codes as applicable. Standards and codes are scoped to the extent referenced (see Section R108.1). This code is intended to be adopted as a legally enforceable document, and it cannot be effective without adequate provisions for its administration and enforcement. The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having jurisdiction and also establish the rights and privileges of the design professional, contractor and property owner. PART 1—SCOPE AND APPLICATION SECTION R101 SCOPE AND GENERAL REQUIREMENTS R101.1 Title. This code shall be known as the Energy Conservation Code of the City of Aspen, Colorado and shall be cited as such. It is referred to herein as “this code.” R101.2 Scope. This code applies to residential buildings, building sites and associated systems and equipment. R101.3 Intent. This code shall regulate the design, construction, repair, alteration, change of occupancy, and additions of new and existing buildings for the reduction of greenhouse gas emissions and for the efficient production, use and storage of energy over the useful life of each building. This code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this objective. This code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances. R101.4 Applicability. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. R101.4.1 Mixed residential and commercial buildings. Where a building includes both residential building and commercial building portions, each portion shall be separately considered and meet the applicable provisions of the IECC—Commercial Provisions or IECC—Residential Provisions. R101.5 Compliance. Residential buildings shall meet the provisions of IECC—Residential Provisions. Commercial buildings shall meet the provisions of IECC—Commercial Provisions. R101.5.1 Compliance materials. The code official shall be permitted to approve specific computer software, worksheets, compliance manuals and other similar mate- rials that meet the intent of this code. SECTION R102 ALTERNATIVE MATERIALS, DESIGN AND METHODS OF CONSTRUCTION AND EQUIPMENT R102.1 General. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. The code official shall have the authority to approve an alternative material, design or method of construction upon the written application of the owner or the owner’s authorized agent. The code official shall first find that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code for strength, effectiveness, fire resistance, durability, energy conservation and safety. The code official shall respond to the applicant, in writing, stating the reasons why the alternative was approved or was not approved. R102.1.1 Above code programs. The code official or other authority having jurisdiction shall be permitted to deem a national, state or local energy-efficiency program to exceed the energy efficiency required by this code. Buildings approved in writing by such an energy-efficiency program shall be considered to be in compliance with this code where such buildings also meet the requirements identified in Table R405.2 and the proposed total building thermal envelope UA, which is the sum of U-factor times assembly area, shall be less than or equal to the building thermal envelope UA using the prescriptive U-factors from Table R402.1.2 multiplied by 1.23. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION R103 CONSTRUCTION DOCUMENTS R103.1 General. Construction documents, technical reports and other supporting data shall be submitted in one or more sets, or in a digital format where allowed by the code official, with each application for a permit. The construction documents and technical reports shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the code official is authorized to require necessary construction documents to be prepared by a registered design professional. Exception: The code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confirm compliance with this code. R103.2 Information on construction documents. Construction documents shall be drawn to scale on suitable material. Electronic media documents are permitted to be submitted where approved by the code official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in sufficient detail pertinent data and features of the building, systems and equipment as herein governed. Details shall include the following as applicable: 1. Energy compliance path. 2. Insulation materials and their R-values. 3. Fenestration U-factors and solar heat gain coefficients (SHGC). 4. Area-weighted U-factor and solar heat gain coefficients (SHGC) calculations. 5. Ratio of vertical fenestration area to above grade wall area enclosing conditioned space and ratio of skylight area to gross roof area over conditioned space. 6. Mechanical system design criteria. 7. Mechanical and service water-heating systems and equipment types, sizes and efficiencies. 8. Equipment and system controls. 9. Duct sealing, duct and pipe insulation and location. 10. Air sealing details. 11. Thermal bridges as identified in Section R402.2.13. 12. Location of pathways for routing of raceways or cable from the solar ready zone to the electrical distribution equipment. 13. Location reserved for inverters, metering equipment, ESS, and a pathway reserved for routing of raceways or conduit from the renewable energy system to the point of interconnection with the electrical service and the ESS. 14. Location and layout of a designated area for ESS. 15. Rated energy capacity and rated power capacity of the installed or planned ESS. 16. Location of and electrical system sizing for designated EVSE spaces, EV Ready spaces, and/or EV Capable parking spaces. R103.2.1 Building thermal envelope depiction. The building thermal envelope shall be represented on the construction documents. R103.2.2 Solar-ready system. The construction documents shall provide details for dedicated roof area, structural design for roof dead and live load, and routing of conduit or pre-wiring from solar-ready zone to electrical service panel. R103.2.3 ESS-ready system. The construction documents shall indicate dedicated future ESS area and routing of conduit or pre-wiring from dedicated ESS area to electrical service panel. R103.2.4 EV infrastructure. The construction documents shall indicate dedicated EV ready or EV capable parking space and routing of conduit or pre-wiring from parking space to electrical service panel. R103.2.5 Electric-ready system. The construction documents shall indicate requirement for pre-wiring from cooking appliances and clothes dryers to electrical service panel. R103.3 Examination of documents. The code official shall examine or cause to be examined the accompanying construction documents and shall ascertain whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. The code official is authorized to utilize a registered design professional, or other approved entity not affiliated with the building design or construction, in conducting the review of the plans and specifications for compliance with the code. R103.3.1 Approval of construction documents. When the code official issues a permit where construction documents are required, the construction documents shall be endorsed in writing and stamped “Reviewed for Code Compliance.” Such approved construction documents shall not be changed, modified or altered without authorization from the code official. Work shall be done in accordance with the approved construction documents. One set of construction documents so reviewed shall be retained by the code official. The other set shall be returned to the applicant, kept at the site of work and shall be open to inspection by the code official or a duly authorized representative. R103.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. R103.3.3 Phased approval. The code official shall have the authority to issue a permit for the construction of part of an energy conservation system before the construction documents for the entire system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holders of such permit shall proceed at their own risk without assurance that the permit for the entire energy conservation system will be granted. R103.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. R103.5 Retention of construction documents. One set of approved construction documents shall be retained by the code official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. SECTION R104 FEES R104.1 Fees. A permit shall not be issued until the fees prescribed in Section R104.2 have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. R104.2 Schedule of permit fees. A permit shall not be valid until the fees prescribed by Section 2.12.100 the Aspen Municipal Code are paid in full. R104.3 Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to an additional fee established by the code official that shall be in addition to the required permit fees. R104.4 Related fees. The payment of the fee for the construction, alteration, removal or demolition of work done in connection to or concurrently with the work or activity authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. R104.5 Refunds. The code official is authorized to establish a refund policy. SECTION R105 INSPECTIONS R105.1 General. Construction or work for which a permit is required shall be subject to inspection by the code official or his or her designated agent, and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. It shall be the duty of the permit applicant to cause the work to remain visible and able to be accessed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material, product, system or building component required to allow inspection to validate compliance with this code. R105.2 Required inspections. The code official or his or her designated agent, upon notification, shall make the inspections set forth in Sections R105.2.1 through R105.2.5. R105.2.1 Footing and foundation inspection. Inspections associated with footings and foundations shall verify compliance with the code as to R-value, location, thickness, depth of burial and protection of insulation as required by the code and approved plans and specifications. R105.2.2 Framing and air barrier rough-in inspection. Air barrier inspections at framing and rough-in shall be made before application of air permeable insulation and shall verify compliance with the code as to air leakage controls as required by the code and approved plans and specifications. Air barriers located on the outside of the building may be inspected after cavity insulation is installed. R105.2.3 Insulation and fenestration rough-in inspection Inspections at insulation and fenestration rough-in shall be made before application of interior finish and shall verify compliance with the code as to: types of insulation and corresponding R-values and their correct location and proper installation; fenestration properties such as U-factor and SHGC and proper installation. R105.2.4 Plumbing rough-in inspection. Inspections at plumbing rough-in shall verify compliance as required by the code and approved plans and specifications as to types of insulation and corresponding R-values and protection and required controls. R105.2.5 Mechanical rough-in inspection. Inspections at mechanical rough-in shall verify compliance as required by the code and approved plans and specifications as to installed HVAC equipment type and size, required controls, system insulation and corresponding R- value, system air leakage control, programmable thermo- stats, dampers, whole-house ventilation, and minimum fan efficiency. Exception: Systems serving multiple dwelling units shall be inspected in accordance with Section C105.2.4. R105.2.6 Electrical rough-in inspection. Inspections shall verify lighting system controls, components, meters, and additional electric infrastructure as required by the code, approved plans and specifications. Inspections shall verify space availability and pathways to electrical service for future or installed energy storage systems. Inspections shall verify solar-ready zone and conduit or pre-wiring from the solar-ready zone to the electrical panel and proper panel space and capacity necessary for future installation of a solar photovoltaic system. R105.2.7 Final inspection. The building shall have a final inspection and shall not be occupied until approved. The final inspection shall include verification of the installation of all required building systems, equipment and controls and their proper operation and the required number of high-efficacy lamps and fixtures. R105.3 Reinspection. A building shall be reinspected where determined necessary by the code official. R105.4 Approved inspection agencies. The code official is authorized to accept reports of third-party inspection agencies not affiliated with the building design or construction, provided that such agencies are approved as to qualifications and reliability relevant to the building components and systems that they are inspecting. R105.4.1 Authorization of approved third-party inspection agency. When authorized, and at the sole discretion of the authority having jurisdiction, the third-party inspection agency shall represent the jurisdiction and have powers as delegated by of the authority having jurisdiction. R105.4.1.1 Independence. The approved third party shall be objective, competent and independent from the contractor responsible for the work being inspected. The approved third party shall disclose to the building official and the registered design professional in responsible charge possible conflicts of interest so that objectivity can be confirmed. R105.4.2 Approved third-party inspections scope. When authorized, and at the sole discretion of the authority having jurisdiction, the authority having jurisdiction shall determine and delegate compliance verification measures the third-party inspection agency can perform. R105.4.3 Approved third-party inspections reporting. The approved agency shall submit inspection reports to the authority having jurisdiction and to the owner’s representative in accordance with International Building Code Section 104.4 before the Certificate of Occupancy can be issued. R105.5 Inspection requests. It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. R105.6 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for inspection and testing. SECTION R106 NOTICE OF APPROVAL R106.1 Approval. After the prescribed tests and inspections indicate that the work complies in all respects with this code, a notice of approval shall be issued by the code official. R106.2 Revocation. The code official is authorized to, in writing, suspend or revoke a notice of approval issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure, premise, or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION R107 VALIDITY R107.1 General. If a portion of this code is held to be illegal or void, such a decision shall not affect the validity of the remainder of this code. SECTION R108 REFERENCED STANDARDS R108.1 Referenced codes and standards. The codes and standards referenced in this code shall be those indicated in Chapter 5, and such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R108.1.1 and R108.1.2. R108.1.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. R108.1.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard. R108.2 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. R108.3 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. SECTION R109 STOP WORK ORDER R109.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. R109.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. R109.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. R109.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction. SECTION R110 MEANS OF APPEALS R110.1 Appeals shall be in accordance with Chapter 8.08 of the Aspen Municipal Code. CHAPTER 2 [RE] DEFINITIONS User note: About this chapter: Codes, by their very nature, are technical documents. Every word, term and punctuation mark can add to or change the meaning of a technical requirement. It is necessary to maintain a consensus on the specific meaning of each term contained in the code. Chapter 2 performs this function by stating clearly what specific terms mean for the purpose of the code. SECTION R201 GENERAL R201.1 Scope. Unless stated otherwise, the following words and terms in this code shall have the meanings indicated in this chapter. R201.2 Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural includes the singular. R201.3 Terms defined in other codes. Terms that are not defined in this code but are defined in the International Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, or the International Plumbing Code shall have the meanings ascribed to them in those codes. R201.4 Terms not defined. Terms not defined by this chapter shall have ordinarily accepted meanings such as the context implies. SECTION R202 GENERAL DEFINITIONS ABOVE-GRADE WALL. A wall more than 50 percent above grade and enclosing conditioned space. This includes between-floor spandrels, peripheral edges of floors, roof and basement knee walls, dormer walls, gable end walls, walls enclosing a mansard roof and skylight shafts. ACCESS (TO). That which enables a device, appliance or equipment to be reached by ready access or by a means that first requires the removal or movement of a panel or similar obstruction. ADDITION. An extension or increase in the conditioned space floor area, number of stories or height of a building or structure. AIR BARRIER. One or more materials joined together in a continuous manner to restrict or prevent the passage of air through the building thermal envelope and its assemblies. ALL-ELECTRIC BUILDING. A building that contains no combustion equipment, or plumbing for combustion equipment, installed within the building or building site. Exceptions: 1. Backup generators and associated plumbing. 2. Wood burning stoves and fireplaces in accordance with Aspen Municipal Code Title 13. ALTERATION. Any construction, retrofit or renovation to an existing structure other than repair or addition. Also, a change in a building, electrical, gas, mechanical or plumbing system that involves an extension, addition or change to the arrangement, type or purpose of the original installation. APPLIANCE. Any apparatus or device that utilizes a fuel or a raw material as a fuel to produce light, heat, power, refrigeration or air conditioning. Also, an apparatus that compresses fuel gases. APPROVED. Acceptable to the code official. APPROVED AGENCY. An established and recognized agency that is regularly engaged in conducting tests furnishing inspection services, or furnishing product certification, where such agency has been approved by the code official. APPROVED SOURCE. An independent person, firm or corporation, approved by the code official, who is competent and experienced in the application of engineering principles to materials, methods or system analyses. AUTOMATIC. Self-acting, operating by its own mechanism when actuated by some impersonal influence, as, for example, a change in current strength, pressure, temperature or mechanical configuration (see “Manual”). AUTOMATIC SHUT-OFF CONTROL. A device capable of automatically turning loads off without manual intervention. Automatic shut-off controls include devices such as, but not limited to, occupancy sensors, vacancy sensors, door switches, programmable time switches (i.e., timeclocks), or count-down timers. AUTOMOBILE PARKING SPACE. A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile BASEMENT WALL. A wall 50 percent or more below grade and enclosing conditioned space. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy, including any mechanical systems, service water-heating systems and electric power and lighting systems located on the building site and supporting the building. BUILDING SITE. A contiguous area of land that is under the ownership or control of one entity. BUILDING THERMAL ENVELOPE. The basement walls, exterior walls, floors, ceiling, roofs and any other building element assemblies that enclose conditioned space or provide a boundary between conditioned space and exempt or unconditioned space. CAVITY INSULATION. Insulating material located between framing members. CIRCULATING HOT WATER SYSTEM. A specifically designed water distribution system where one or more pumps are operated in the service hot water piping to circulate heated water from the water-heating equipment to fixtures and back to the water-heating equipment. CLIMATE ZONE. A geographical region based on climatic criteria as specified in this code. CODE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code or a duly authorized representative. COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, service water heating, cooking, clothes drying and/or lighting that uses fuel gas or fuel oil. COMMERCIAL BUILDING. For this code, all buildings that are not included in the definition of “Residential building.” CONDITIONED FLOOR AREA. The horizontal projection of the floors associated with the conditioned space. CONDITIONED SPACE. An area, room or space that is enclosed within the building thermal envelope and that is directly or indirectly heated or cooled. Spaces are indirectly heated or cooled where they communicate through openings with conditioned spaces, where they are separated from conditioned spaces by uninsulated walls, floors or ceilings, or where they contain uninsulated ducts, piping or other sources of heating or cooling. CONSTRUCTION DOCUMENTS. Written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of a project necessary for obtaining a building permit. CONTINUOUS AIR BARRIER. A combination of materials and assemblies that restrict or prevent the passage of air through the building thermal envelope. CONTINUOUS INSULATION (ci). Insulating material that is continuous across all structural members without thermal bridges other than fasteners and service openings. It is installed on the interior or exterior, or is integral to any opaque surface, of the building envelope. CONTINUOUSLY BURNING PILOT LIGHT. A small gas flame used to ignite gas at a larger burner. Once lit, a continuous pilot light remains in operation until manually interrupted. CRAWL SPACE WALL. The opaque portion of a wall that encloses a crawl space and is partially or totally below grade. CURTAIN WALL. Fenestration products used to create an external non load-bearing wall that is designed to separate the exterior and interior environments. DEMAND RECIRCULATION WATER SYSTEM. A water distribution system where one or more pumps prime the service hot water piping with heated water upon demand for hot water. DEMAND RESPONSE SIGNAL. A signal that indicates a price or a request to modify electricity consumption for a limited time period. DEMAND RESPONSIVE CONTROL. A control capable of receiving and automatically responding to a demand response signal. DIMMER. A control device that is capable of continuously varying the light output and energy use of light sources. DUCT. A tube or conduit utilized for conveying air. The air passages of self-contained systems are not to be construed as air ducts. DUCT SYSTEM. A continuous passageway for the trans- mission of air that, in addition to ducts, includes duct fittings, dampers, plenums, fans and accessory air-handling equipment and appliances. DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. DWELLING UNIT ENCLOSURE AREA. The sum of the area of ceiling, floors, and walls separating a dwelling unit’s conditioned space from the exterior or from adjacent conditioned or unconditioned spaces. Wall height shall be measured from the finished floor of the dwelling unit to the underside of the floor above. ELECTRIC VEHICLE (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, and electric motorcycles, primarily powered by an electric motor that draws current from a building electrical service, EVSE, a rechargeable storage battery, a fuel cell, a photovoltaic array, or another source of electric current. ELECTRIC VEHICLE CAPABLE SPACE (EV CAPABLE SPACE). A designated automobile parking space that is provided with electrical infrastructure, such as, but not limited to, raceways, cables, electrical capacity, and panelboard or other electrical distribution equipment space, necessary for the future installation of an EVSE. ELECTRIC VEHICLE READY SPACE (EV READY SPACE). An automobile parking space that is provided with a branch circuit and a receptacle outlet that will support an installed EVSE. ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). Equipment for plug-in power transfer including the ungrounded, grounded and equipment grounding conductors, and the electric vehicle connectors, attached plugs, personal protection system 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. ELECTRIC VEHICLE SUPPLY EQUIPMENT INSTALLED SPACE (EVSE SPACE). An automobile parking space that is provided with a dedicated EVSE connection. ENERGY ANALYSIS. A method for estimating the annual energy use of the proposed design and standard reference design based on estimates of energy use. ENERGY ASSESSMENT REPORT. A report created by a building performance institute (BPI) certified energy analyst or other approved third party that analyzes the current condition and energy usage of a building or dwelling unit and provides a list of recommended improvements. The report shall include air leakage testing in accordance with section R402.4.1.2. ENERGY STORAGE SYSTEM (ESS). One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time. ENERGY COST. The total estimated annual cost for purchased energy for the building functions regulated by this code, including applicable demand charges. ENERGY SIMULATION TOOL. An approved software program or calculation-based methodology that projects the annual energy use of a building. 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. ERI REFERENCE DESIGN. A version of the rated design that meets the minimum requirements of the 2006 International Energy Conservation Code. EXTERIOR WALL. Walls including both above-grade walls and basement walls. EXTERIOR WALL ENVELOPE. A system or assembly of exterior wall components, including exterior wall finish materials, that provides protection of the building structural members, including framing and sheathing materials, and conditioned interior space, from the detrimental effects of the exterior environment. FENESTRATION. Products classified as either vertical fenestration or skylights. Skylights. Glass or other transparent or translucent glazing material installed at a slope of less than 60 degrees (1.05 rad) from horizontal including unit skylights, tubular daylighting devices, and glazing materials in solariums, sunrooms, roofs and sloped walls. Vertical fenestration. Windows that are fixed or operable, opaque doors, glazed doors, glazed block and combination opaque/glazed doors composed of glass or other transparent or translucent glazing materials and installed at a slope of not less than 60 degrees (1.05 rad) from horizontal. FENESTRATION PRODUCT, SITE-BUILT. A fenestration designed to be made up of field-glazed or field- assembled units using specific factory cut or otherwise factory-formed framing and glazing units. Examples of site- built fenestration include storefront systems, curtain walls and atrium roof systems. FUEL GAS. A natural gas, manufactured gas, liquified petroleum gas or a mixture of these. FUEL OIL. Kerosene or any hydrocarbon oil having a flash point not less than 100°F (38°C). HEATED SLAB. Slab-on-grade construction in which the heating elements, hydronic tubing, or hot air distribution system is in contact with, or placed within or under, the slab. HEAT PUMP. A refrigeration system or factory-made appliance that utilizes refrigerant to transfer heat into a space or substance. HIGH-EFFICACY LIGHT SOURCES. Any lamps with an efficacy of not less than 65 lumens per watt, or luminaires with an efficacy of not less than 45 lumens per watt. HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed, or certified as eligible for listing by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places. 2. Designated as historic under an applicable state or local law. 3. Certified as a contributing resource within a National Register-listed, state-designated or locally designated historic district. INFILTRATION. The uncontrolled inward air leakage into a building caused by the pressure effects of wind or the effect of differences in the indoor and outdoor air density or both. INSULATED SIDING. A type of continuous insulation with manufacturer-installed insulating material as an integral part of the cladding product having an R-value of not less than R-2. LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evaluation that maintains periodic inspection of the production of such labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose. LISTED. Equipment, materials, products or services included in a list published by an organization acceptable to the code official and concerned with evaluation of products or services that maintains periodic inspection of production of listed equipment or materials or periodic evaluation of services and whose listing states either that the equipment, material, product or service meets identified standards or has been tested and found suitable for a specified purpose. LOW-VOLTAGE LIGHTING. Lighting equipment powered through a transformer such as a cable conductor, a rail conductor and track lighting. MANUAL. Capable of being operated by personal intervention (see “Automatic”). OCCUPANT SENSOR CONTROL. An automatic control device that detects the presence or absence of people within an area and causes lighting, equipment or appliances to be regulated accordingly. ON-SITE RENEWABLE ENERGY. Energy from renew- able energy resources harvested at the building site. OPAQUE DOOR. A door that is not less than 50-percent opaque in surface area. PILOT LIGHT, CONTINUOUSLY BURNING. A small gas flame used to ignite gas at a larger burner. Once lit, a continuously burning pilot light remains in operation until manually interrupted. Pilot light ignition systems with the ability to switch between intermittent and continuous mode are considered continuous. PILOT LIGHT, INTERMITTENT. A pilot which is automatically ignited when an appliance is called on to operate and which remains continuously ignited during each period of main burner operation. The pilot is automatically extinguished when each main burner operating cycle is completed. PILOT LIGHT, INTERRUPTED. A pilot which is automatically ignited prior to the admission of fuel to the main burner, and which is automatically extinguished after the main flame is established. PILOT LIGHT, ON-DEMAND. A pilot which, once placed into operation, is intended to remain ignited for a predetermined period of time following an automatic or manual operation of the main burner gas valve. PROPOSED DESIGN. A description of the proposed building used to estimate annual energy use for determining compliance based on simulated building performance. RATED DESIGN. A description of the proposed building used to determine the energy rating index. READY ACCESS (TO). That which enables a device, appliance or equipment to be directly reached without requiring the removal or movement of any panel or similar obstruction. RENEWABLE ENERGY RESOURCES. Energy derived from solar radiation, wind, waves, tides, landfill gas, biogas, biomass or extracted from hot fluid or steam heated within the earth. REPAIR. The reconstruction or renewal of any part of an existing building for the purpose of its maintenance or to correct damage. REROOFING. The process of recovering or replacing an existing roof covering. See “Roof recover” and “Roof replacement.” RESIDENTIAL BUILDING. For this code, includes detached one- and two-family dwellings and townhouses as well as Group R-2, R-3 and R-4 buildings three stories or less in height above grade plane. ROOF ASSEMBLY. A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck. A roof assembly includes the roof covering, underlayment and roof deck and can also include a thermal barrier, an ignition barrier, insulation or a vapor retarder. ROOF RECOVER. The process of installing an additional roof covering over an existing roof covering without removing the existing roof covering. ROOF REPAIR. Reconstruction or renewal of any part of an existing roof for the purposes of its maintenance. ROOF REPLACEMENT. An alteration that includes the removal of all existing layers of roof assembly materials down to the roof deck and installing replacement materials above the existing roof deck. R-VALUE (THERMAL RESISTANCE). The inverse of the time rate of heat flow through a body from one of its bounding surfaces to the other surface for a unit temperature difference between the two surfaces, under steady state conditions, per unit area (h × ft2 × °F/Btu) [(m2 × K)/W]. SERVICE WATER HEATING. Supply of hot water for purposes other than comfort heating. SOLAR HEAT GAIN COEFFICIENT (SHGC). The ratio of the solar heat gain entering the space through the fenestration assembly to the incident solar radiation. Solar heat gain includes directly transmitted solar heat and absorbed solar radiation that is then reradiated, conducted or convected into the space. 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. STANDARD REFERENCE DESIGN. A version of the proposed design that meets the minimum requirements of this code and is used to determine the maximum annual energy use requirement for compliance based on total building performance. SUNROOM. A one-story structure attached to a dwelling with a glazing area in excess of 40 percent of the gross area of the structure’s exterior walls and roof. THERMAL BRIDGE. An element or interface of elements that has a higher thermal conductivity than the surrounding building thermal envelope, which creates a path of least resistance for heat transfer. THERMAL DISTRIBUTION EFFICIENCY (TDE). The resistance to changes in air heat as air is conveyed through a distance of air duct. TDE is a heat loss calculation evaluating the difference in the heat of the air between the air duct inlet and outlet caused by differences in temperatures between the air in the duct and the duct material. TDE is expressed as a percent difference between the inlet and outlet heat in the duct. THERMAL ISOLATION. Physical and space conditioning separation from conditioned spaces. The conditioned spaces shall be controlled as separate zones for heating and cooling or conditioned by separate equipment. THERMOSTAT. An automatic control device used to maintain temperature at a fixed or adjustable setpoint. U-FACTOR (THERMAL TRANSMITTANCE). The coefficient of heat transmission (air to air) through a building component or assembly, equal to the time rate of heat flow per unit area and unit temperature difference between the warm side and cold side air films (Btu/h × ft2 × °F) [W/(m2 × K)]. VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. VENTILATION AIR. That portion of supply air that comes from outside (outdoors) plus any recirculated air that has been treated to maintain the desired quality of air within a designated space. VISIBLE TRANSMITTANCE (VT). The ratio of visible light entering the space through the fenestration product assembly to the incident visible light. Visible Transmittance includes the effects of glazing material and frame and is expressed as a number between 0 and 1. WHOLE HOUSE MECHANICAL VENTILATION SYSTEM. An exhaust system, supply system, or combination thereof that is designed to mechanically exchange indoor air with outdoor air when operating continuously or through a programmed intermittent schedule to satisfy the whole house ventilation rates. WORK AREA. That portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed and portions of the building where work not initially intended by the owner is specifically required by this code. ZONAL HEATING. A heating system in which each zone or room has a separate heater with a single controller in each zone. ZONE. A space or group of spaces within a building with heating or cooling requirements that are sufficiently similar so that desired conditions can be maintained throughout using a single controlling device. CHAPTER 3 [RE] GENERAL REQUIREMENTS User note: About this chapter: Chapter 3 addresses broadly applicable requirements that would not be at home in other chapters having more specific coverage of subject matter. This chapter establishes climate zone by US counties and territories and includes methodology for determining climate zones elsewhere. It also contains product rating, marking and installation requirements for materials such as insulation, windows, doors and siding. SECTION R301 CLIMATE ZONES Section R301 Climate zones is deleted in its entirety and shall read as follows: The City of Aspen, Colorado, shall use Climate Zone 7. SECTION R302 DESIGN CONDITIONS R302.1 Interior design conditions. The interior design temperatures used for heating and cooling load calculations shall be a maximum of 72°F (22°C) for heating and mini- mum of 75°F (24°C) for cooling. SECTION R303 MATERIALS, SYSTEMS AND EQUIPMENT R303.1 Identification. Materials, systems and equipment shall be identified in a manner that will allow a determination of compliance with the applicable provisions of this code. R303.1.1 Building thermal envelope insulation. An R-value identification mark shall be applied by the manufacturer to each piece of building thermal envelope insulation that is 12 inches (305 mm) or greater in width. Alternatively, the insulation installers shall provide a certification that indicates the type, manufacturer and R-value of insulation installed in each element of the building thermal envelope. For blown-in or sprayed fiberglass and cellulose insulation, the initial installed thickness, settled thickness, settled R-value, installed density, coverage area and number of bags installed shall be indicated on the certification. For sprayed polyurethane foam (SPF) insulation, the installed thickness of the areas covered, and the R-value of the installed thickness shall be indicated on the certification. For insulated siding, the R-value shall be on a label on the product’s package and shall be indicated on the certification. The insulation installer shall sign, date and post the certification in a conspicuous location on the job site. Exception: For roof insulation installed above the deck, the R-value shall be labeled as required by the material standards specified in Table 1508.2 of the International Building Code.R303.1.1.1 Blown-in or sprayed roof and ceiling insulation. The thickness of blown-in or sprayed fiberglass and cellulose roof and ceiling insulation shall be written in inches (mm) on markers that are installed at not less than one for every 300 square feet (28 m2) throughout the attic space. The markers shall be affixed to the trusses or joists and marked with the minimum initial installed thickness with numbers not less than 1 inch (25 mm) in height. Each marker shall face the attic access opening. The thickness and installed R-value of sprayed polyurethane foam insulation shall be indicated on the certification provided by the insulation installer. R303.1.2 Insulation mark installation. Insulating materials shall be installed such that the manufacturer’s R-value mark is readily observable at inspection. For insulation materials that are installed without an observable manufacturer’s R-value mark, such as blown or draped products, an insulation certificate complying with Section R303.1.1 shall be left immediately after installation by the installer, in a conspicuous location within the building, to certify the installed R-value of the insulation material. R303.1.3 Fenestration product rating. U-factors of fenestration products such as windows, doors and skylights shall be determined in accordance with NFRC 100. Exception: Where required, garage door U-factors shall be determined in accordance with either NFRC 100 or ANSI/DASMA 105. U-factors shall be determined by an accredited, independent laboratory, and labeled and certified by the manufacturer. Products lacking such a labeled U-factor shall be assigned a default U-factor from Table R303.1.3(1) or Table R303.1.3(2). The solar heat gain coefficient (SHGC) and visible transmittance (VT) of glazed fenestration products such as windows, glazed doors and skylights shall be determined in accordance with NFRC 200 by an accredited, independent laboratory, and labeled and certified by the manufacturer. Products lacking such a labeled SHGC or VT shall be assigned a default SHGC or VT from Table R303.1.3(3). TABLE R303.1.3(1) DEFAULT GLAZED WINDOW, GLASS DOOR AND SKYLIGHT U-FACTORS FRAME TYPE WINDOW AND GLASS DOOR SKYLIGHT Single pane Double pane Single Double Metal 1.20 0.80 2.00 1.30 Metal with Ther- mal Break 1.10 0.65 1.90 1.10 Nonmetal or Metal Clad 0.95 0.55 1.75 1.05 Glazed Block 0.60 TABLE R303.1.3(2) DEFAULT OPAQUE DOOR U-FACTORS DOOR TYPE OPAQUE U- FACTOR Uninsulated Metal 1.20 Insulated Metal 0.60 Wood 0.50 Insulated, nonmetal edge, not exceeding 45% glazing, any glazing double pane 0.35 TABLE R303.1.3(3) DEFAULT GLAZED FENESTRATION SHGC AND VT SINGLE GLAZED DOUBLE GLAZED GLAZED BLOCK Clear Tinted Clear Tinted SHGC 0.8 0.7 0.7 0.6 0.6 VT 0.6 0.3 0.6 0.3 0.6 R303.1.4 Insulation product rating. The thermal resistance, R-value, of insulation shall be determined in accordance with Part 460 of US-FTC CFR Title 16 in units of h × ft2 × °F/Btu at a mean temperature of 75°F (24°C). R303.1.4.1 Insulated siding. The thermal resistance, R-value, of insulated siding shall be determined in accordance with ASTM C1363. Installation for testing shall be in accordance with the manufacturer’s instructions. R303.1.5 Air-impermeable insulation. Insulation having an air permeability not greater than 0.004 cubic feet per minute per square foot [0.002 L/(s × m2)] under pressure differential of 0.3 inch water gauge (75 Pa) when tested in accordance with ASTM E2178 shall be deter- mined air-impermeable insulation. R303.2 Installation. Materials, systems and equipment shall be installed in accordance with the manufacturer’s instructions and the International Building Code. Insulation shall meet the requirements of the Grade I standard in ICC/RESNET 301 Normative Appendix A. R303.2.1 Protection of exposed foundation insulation. Insulation applied to the exterior of basement walls, crawl space walls and the perimeter of slab-on-grade floors shall have a rigid, opaque and weather-resistant protective covering to prevent the degradation of the insulation’s thermal performance. The protective covering shall cover the exposed exterior insulation and extend not less than 6 inches (153 mm) below grade. R303.3 Maintenance information. Maintenance instructions shall be furnished for equipment and systems that require preventive maintenance. Required regular maintenance actions shall be clearly stated and incorporated on a readily visible label. The label shall include the title or publication number for the operation and maintenance manual for that particular model and type of product. CHAPTER 4 [RE] RESIDENTIAL ENERGY EFFICIENCY User note: About this chapter: Chapter 4 presents the paths and options for compliance with the energy efficiency provisions. Chapter 4 contains energy efficiency provisions for the building envelope, mechanical and water heating systems, lighting and additional efficiency requirements. A performance alternative, energy rating alternative, and tropical regional alternative are also provided to allow for energy code compliance other than by the prescriptive method. SECTION R401 GENERAL R401.1 Scope. This chapter applies to residential buildings. R401.2 Application. Residential buildings shall comply with either Sections R401.2.1, R401.2.2, R401.2.3 or R401.2.4. Exception: Additions, alterations, repairs and changes of occupancy to existing buildings complying with Chapter 5. R401.2.1 Prescriptive Compliance Option. The Prescriptive Compliance Option requires compliance with Sections R401 through R404. R401.2.2 Total Building Performance Option. The Total Building Performance Option requires compliance with Section R405. R401.2.3 Energy Rating Index Option. The Energy Rating Index (ERI) Option requires compliance with Section R406. R401.2.5 Additional energy efficiency. This section establishes additional requirements applicable to all compliance approaches to achieve additional energy efficiency. 1. For buildings complying with Section R401.2.1, one of the additional efficiency package options shall be installed according to Section R408.2. 2. For buildings complying with Section R401.2.2, the building shall meet one of the following: 2.1. One of the additional efficiency package options in Section R408.2 shall be installed without including such measures in the proposed design under Section R405; or 2.2. The proposed design of the building under Section R405.2 shall have an annual energy cost that is less than or equal to 95 percent of the annual energy cost of the standard reference design. 3. For buildings complying with the Energy Rating Index Alternative Section R401.2.3, the Energy Rating Index value shall be at least 5 percent less than the Energy Rating Index target specified in Table R406.5. The option selected for compliance shall be identified in the certificate required by Section R401.3. R401.3 Certificate. A permanent certificate shall be completed by the builder or other approved party and posted on a wall in the space where the furnace is located, a utility room or an approved location inside the building. Where located on an electrical panel, the certificate shall not cover or obstruct the visibility of the circuit directory label, service disconnect label or other required labels. The certificate shall indicate the following: 1. The predominant R-values of insulation installed in or on ceilings, roofs, walls, foundation components such as slabs, basement walls, crawl space walls and floors and ducts outside conditioned spaces. 2. U-factors of fenestration and the solar heat gain coefficient (SHGC) of fenestration. Where there is more than one value for any component of the building envelope, the certificate shall indicate both the value covering the largest area and the area weighted average value if available. 3. The results from any required duct system and building envelope air leakage testing performed on the building. 4. The types, sizes and efficiencies of heating, cooling and service water-heating equipment. Where a gas- fired unvented room heater, electric furnace or base- board electric heater is installed in the residence, the certificate shall indicate “gas-fired unvented room heater,” “electric furnace” or “baseboard electric heater,” as appropriate. An efficiency shall not be indicated for gas-fired unvented room heaters, electric furnaces and electric baseboard heaters. 5. Where on-site photovoltaic panel systems have been installed, the array capacity, inverter efficiency, panel tilt and orientation shall be noted on the certificate. 6. For buildings where an Energy Rating Index score is determined in accordance with Section R406, the Energy Rating Index score, both with and without any on-site generation, shall be listed on the certificate. 7. The code edition under which the structure was permitted, the compliance path used, and where applicable, the additional efficiency measures selected for compliance with Section R408. 8. Where a solar-ready zone is provided, the certificate shall indicate the location, and dimensions. SECTION R402 BUILDING THERMAL ENVELOPE R402.1 General. The building thermal envelope shall comply with the requirements of Sections R402.1.1 through R402.1.5. Exceptions: 1. The following low-energy buildings, or portions thereof, separated from the remainder of the building by building thermal envelope assemblies complying with this section shall be exempt from the building thermal envelope provisions of Section R402. 1.1. Those with a peak design rate of energy usage less than 3.4 Btu/h × ft2 (10.7 W/m2) or 1.0 watt/ft2 of floor area for space- conditioning purposes. 1.2. Those that do not contain conditioned space. R402.1.1 Vapor retarder. Wall assemblies in the building thermal envelope shall comply with the vapor retarder requirements of Section 1404.3 of the International Building Code, as applicable. R402.1.2 Insulation and fenestration criteria. The building thermal envelope shall meet the requirements of Table R402.1.2, based on the climate zone specified in Chapter 3. Assemblies shall have a U-factor equal to or less than that specified in Table R402.1.2. Fenestration shall have a U-factor and glazed fenestration SHGC equal to or less than that specified in Table R402.1.2. R402.1.3 R-value alternative. Assemblies with R-value of insulation materials equal to or greater than that specified in Table R402.1.3 shall be an alternative to the U-factor in Table R402.1.2 R402.1.4 R-value computation. Cavity insulation alone shall be used to determine compliance with the cavity insulation R-value requirements in Table R402.1.3. Where cavity insulation is installed in multiple layers, the R- values of the cavity insulation layers shall be summed to determine compliance with the cavity insulation R- value requirements. The manufacturer’s settled R-value shall be used for blown-in insulation. Continuous insulation (ci) alone shall be used to determine compliance with the continuous insulation R-value requirements in Table R402.1.3. Where continuous insulation is installed in multiple layers, the R-values of the continuous insulation layers shall be summed to determine compliance with the continuous insulation R-value requirements. Cavity insulation R-values shall not be used to determine compliance with the continuous insulation R-value requirements in Table R402.1.3. Computed R-values shall not include an R-value for other building materials or air films. Where insulated siding is used for the purpose of complying with the continuous insulation requirements of Table R402.1.3, the manufacturer’s labeled R-value for the insulated siding shall be reduced by R-0.6. TABLE R402.1.2 MAXIMUM ASSEMBLY U-FACTORSa AND FENESTRATION REQUIREMENTS WORK TYPE FENES TRATI ON U- FACTO Rf SKYLIGH T U- FACTOR GLAZED FENESTRATI ON SHGC d, e, f CEILING U- FACTOR WOOD FRAME WALL U- FACTOR MASS WALL U- FACTOR b FLOOR U- FACTOR BASEME NT WALL U- FACTOR CRAWL SPACE WALL U- FACTOR New Construction & Additions 0.26h,i 0.44 0.35 0.018g 0.027 0.036 0.026 0.034 0.034 Alterations 0.28 0.50 0.35 0.026 0.049 0.057 0.028 0.050 0.055 For SI: 1 foot = 304.8 mm. a. Nonfenestration U-factors shall be obtained from measurement, calculation or an approved source. b. Mass walls shall be in accordance with Section R402.2.5. Where more than half the insulation is on the interior, the mass wall U-factors shall not exceed 0.17 in Climate Zones 0 and 1, 0.14 in Climate Zone 2, 0.12 in Climate Zone 3, 0.087 in Climate Zone 4 except Marine, 0.065 in Climate Zone 5 and Marine 4, and 0.057 in Climate Zones 6 through 8. c. In Warm Humid locations as defined by Figure R301.1 and Table R301.1, the basement wall U-factor shall not exceed 0.360. d. The SHGC column applies to all glazed fenestration. Exception: In Climate Zones 0 through 3, skylights shall be permitted to be excluded from glazed fenestration SHGC requirements provided that the SHGC for such skylights does not exceed 0.30. e. There are no SHGC requirements in the Marine Zone. f. g. Ceilings with attics may use an equivalent U-factor of 0.024. Vertical fenestration shall also comply with R402.3.6 and R402.3.7.Doors may have a U-factor of 0.28 or less. TABLE R402.1.3 INSULATION MINIMUM R-VALUES AND FENESTRATION REQUIREMENTS BY COMPONENTa WORK TYPE FENESTRATION U-FACTORb, i SKYLIGHTb U-FACTOR GLAZED FENESTRATION SHGCb, e CEILING R- VALUE WOOD FRAME WALL R-VALUEg MASS WALL R- VALUEh FLOOR R- VALUE BASEMENTc,g WALL R-VALUE SLABd EDGE R- VALUE & DEPTH CRAWL SPACEc,g WALL R-VALUE New Construction & Additions 0.26i,ji 0.44 0.35 60 hhh 34+12ci or 20 + 20ci or 13 + 25ci 25ci 38 20ci or 5 + 15ci or 13 + 10ci 10ci, 4 ft 20ci or + 15ci or 13 + 10ci Alterations 0.28 i 0.50 0.35 49 30 or 20+5cihg or 13+10cihg or 0+20cihg 19/21 38 10ci or 13 10ci, 4 ft 10ci or 13 For SI: 1 foot = 304.8 mm. NR = Not Required. ci = continuous insulation. a. R-values are minimums. U-factors and SHGC are maximums. Where insulation is installed in a cavity that is less than the label or design thickness of the insulation, the installed R-value of the insulation shall be not less than the R-value specified in the table. b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration. c. 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. The slab-edge insulation for heated slabs shall not be required to extend below the slab. d. The first value is cavity insulation; the second value is continuous insulation. Therefore, as an example, “13 + 5” means R-13 cavity insulation plus R-5 continuous insulation. e. Mass walls shall be in accordance with Section R402.2.5. The second R-value applies where more than half of the insulation is on the interior of the mass wall. Vertical fenestration shall also comply with R402.3.6 and R402.3.7.Doors may have a U-factor of 0.28 or less. R402.1.5 Total UA alternative. Where the total building thermal envelope UA, the sum of U-factor times assembly area, is less than or equal to the total UA resulting from multiplying the U-factors in Table R402.1.2 by the same assembly area as in the proposed building, the building shall be considered to be in compliance with Table R402.1.2. The UA calculation shall be performed using a method consistent with the ASHRAE Handbook of Fundamentals and shall include the thermal bridging effects of framing materials. In addition to UA compliance, the SHGC requirements of Table R402.1.2 and the maximum fenestration U-factors of Section R402.5 shall be met. If using REScheck software to show compliance with this alternative path for the 2021 edition of the code, the proposed design must be a minimum of 23% more efficient than the standard reference design in order to accommodate the amended values. R402.2 Specific insulation requirements. In addition to the requirements of Section R402.1, insulation shall meet the specific requirements of Sections R402.2.1 through R402.2.13. R402.2.1 Ceilings with attic spaces. Where Section R402.1.3 requires R-49 insulation in the ceiling or attic, installing R-38 over 100 percent of the ceiling or attic area requiring insulation shall satisfy the requirement for R- 49 insulation wherever the full height of uncompressed R-38 insulation extends over the wall top plate at the eaves. Where Section R402.1.3 requires R-60 insulation in the ceiling, installing R-49 over 100 percent of the ceiling area requiring insulation shall satisfy the requirement for R-60 insulation wherever the full height of uncompressed R-49 insulation extends over the wall top plate at the eaves. This reduction shall not apply to the insulation and fenestration criteria in Section R402.1.2 and the Total UA alternative in Section R402.1.5. 2R402.2.3 Eave baffle. For air-permeable insulation in vented attics, a baffle shall be installed adjacent to soffit and eave vents. Baffles shall maintain a net free area opening equal to or greater than the size of the vent. The baffle shall extend over the top of the attic insulation. The baffle shall be permitted to be any solid material. The baffle shall be installed to the outer edge of the exterior wall top plate so as to provide maximum space for attic insulation coverage over the top plate. Where soffit venting is not continuous, baffles shall be installed continuously to prevent ventilation air in the eave soffit from bypassing the baffle. R402.2.4 Access hatches and doors. Access hatches and doors from conditioned to unconditioned spaces such as attics and crawl spaces shall be insulated to the same R- value required by Table R402.1.3 for the wall or ceiling in which they are installed. Exceptions: 1. Vertical doors providing access from conditioned spaces to unconditioned spaces that comply with the fenestration requirements of Table R402.1.3 based on the applicable climate zone specified in Chapter 3. 2. Horizontal pull-down, stair-type access hatches in ceiling assemblies that provide access from conditioned to unconditioned spaces in Climate Zones 0 through 4 shall not be required to comply with the insulation level of the surrounding surfaces provided the hatch meets all of the following: 2.1. The average U-factor of the hatch shall be less than or equal to U-0.10 or have an average insulation R- value of R-10 or greater. 2.2. Not less than 75 percent of the panel area shall have an insulation R-value of R-13 or greater. 2.3. The net area of the framed opening shall be less than or equal to 13.5 square feet (1.25 m2). 2.4. The perimeter of the hatch edge shall be weatherstripped. The reduction shall not apply to the total UA alternative in Section R402.1.5. R402.2.4.1 Access hatches and door insulation installation and retention. Vertical or horizontal access hatches and doors from conditioned spaces to unconditioned spaces such as attics and crawl spaces shall be weatherstripped. Access that prevents damaging or compressing the insulation shall be provided to all equipment. Where loose-fill insulation is installed, a wood-framed or equivalent baffle, retainer, or dam shall be installed to prevent loose-fill insulation from spilling into living space from higher to lower sections of the attic and from attics covering conditioned spaces to unconditioned spaces. The baffle or retainer shall provide a permanent means of maintaining the installed R-value of the loose-fill insulation. R402.2.5 Mass walls. Mass walls where used as a component of the building thermal envelope shall be one of the following: 1. Above-ground walls of concrete block, concrete, insulated concrete form, masonry cavity, brick but not brick veneer, adobe, compressed earth block, rammed earth, solid timber, mass timber or solid logs. 2. Any wall having a heat capacity greater than or equal to 6 Btu/ft2 × °F (123 kJ/m2 × K). R402.2.6 Steel-frame ceilings, walls and floors. Steel- frame ceilings, walls, and floors shall comply with the insulation requirements of Table R402.2.6 or the U-factor requirements of Table R402.1.2. The calculation of the U- factor for a steel-frame envelope assembly shall use a series-parallel path calculation method. TABLE R402.2.6 STEEL-FRAME CEILING, WALL AND FLOOR INSULATION R-VALUES WOOD FRAME R- VALUE REQUIREMENT COLD-FORMED STEEL-FRAME EQUIVALENT R- VALUEa Steel Truss Ceilingsb R-49 R-38 + 5 R-60 R-49 + 10 Steel Joist Ceilingsb R-49 R-49 + 10 R-60 R-49 + 20 Steel-frame Wall, 16 inches on center R-32 + 12 R-19 + 25 Steel-frame Wall, 24 inches on center R-32 + 12 R-19 + 18 Steel Joist Floor R-38 R-30 + 25 a. The first value is cavity insulation R-value; the second value is continuous insulation R-value. Therefore, for example, “R-30 + 3” means R-30 cavity insulation plus R-3 continuous insulation. b. Insulation exceeding the height of the framing shall cover the framing. R402.2.7 Floors. Floor cavity insulation shall comply with one of the following: 1. Installation shall be installed to maintain permanent contact with the underside of the subfloor decking in accordance with manufacturer instructions to maintain required R-value or readily fill the available cavity space. 2. Floor framing cavity insulation shall be permitted to be in contact with the top side of sheathing separating the cavity and the unconditioned space below. Insulation shall extend from the bottom to the top of all perimeter floor framing members and the framing members shall be air sealed. 3. A combination of cavity and continuous insulation shall be installed so that the cavity insulation is in contact with the top side of the continuous insulation that is installed on the underside of the floor framing separating the cavity and the unconditioned space below. The combined R-value of the cavity and continuous insulation shall equal the required R-value for floors. Insulation shall extend from the bottom to the top of all perimeter floor framing members and the framing members shall be air sealed. R402.2.8 Basement walls. Basement walls shall be insulated in accordance with Table R402.1.3. Exception: Basement walls associated with unconditioned basements where all of the following requirements are met: 1. The floor overhead, including the underside stairway stringer leading to the basement, is insulated in accordance with Section R402.1.3 and applicable provisions of Sections R402.2 and R402.2.7. 2. There are no uninsulated duct, domestic hot water, or hydronic heating surfaces exposed to the basement. 3. There are no HVAC supply or return diffusers serving the basement. 4. The walls surrounding the stairway and adjacent to conditioned space are insulated in accordance with Section R402.1.3 and applicable provisions of Section R402.2. 5. The door(s) leading to the basement from conditioned spaces are insulated in accordance with Sections R402.1.3 and applicable provisions of Section R402.2, and weatherstripped in accordance with Section R402.4. 6. The building thermal envelope separating the basement from adjacent conditioned spaces complies with Section R402.4. R402.2.8.1 Basement wall insulation installation. Where basement walls are insulated, the insulation shall be installed from the top of the basement wall down to 10 feet (3048 mm) below grade or to the basement floor, whichever is less. R402.2.9 Slab-on-grade floors. Slab-on-grade floors with a floor surface less than 24 inches (305 mm) below grade shall be insulated in accordance with Table R402.1.3. Heated slab-on-grade floors shall be insulated in accordance with Table R402.1.3 footnote d regardless of depth below grade. R402.2.9.1 Slab-on-grade floor insulation installation. Where installed, the insulation shall extend downward from the top of the slab on the outside or inside of the foundation wall. Insulation located below grade shall be extended the distance provided in Table R402.1.3 or the distance of the proposed design, as applicable, by any combination of vertical insulation, insulation extending under the slab or insulation extending out from the building. Insulation extending away from the building shall be protected by pavement or by not less than 10 inches (254 mm) of soil. The top edge of the insulation installed between the exterior wall and the edge of the interior slab shall be permitted to be cut at a 45-degree (0.79 rad) angle away from the exterior wall. R402.2.10 Crawl space walls. Crawl space walls shall be insulated in accordance with Table R402.1.3. Exception: Crawl space walls associated with a crawl space that is vented to the outdoors and the floor over- head is insulated in accordance with Table R402.1.3 and Section R402.2.7. R402.2.10.1 Crawl space wall insulation installations. Where crawl space wall insulation is installed, it shall be permanently fastened to the wall and shall extend downward from the floor to the finished grade elevation and then vertically or horizontally for not less than an additional 24 inches (610 mm). Exposed earth in unvented crawl space foundations shall be covered with a continuous Class I vapor retarder in accordance with the International Building Code . Joints of the vapor retarder shall overlap by 6 inches (153 mm) and be sealed or taped. The edges of the vapor retarder shall extend not less than 6 inches (153 mm) up stem walls and shall be attached to the stem walls. R402.2.11 Masonry veneer. Insulation shall not be required on the horizontal portion of a foundation that supports a masonry veneer. R402.2.12 Sunroom and heated garage insulation. Sunrooms enclosing conditioned space and heated garages shall meet the insulation requirements of this code. Exception: For sunrooms and heated garages provided thermal isolation, and enclosed conditioned space, the following exceptions to the insulation requirements of this code shall apply: 1. The minimum ceiling insulation R-value shall be R-24 . Ceilings separating a sunroom or heated garage with thermal isolation from conditioned space shall comply with the building thermal envelope requirements of this code. 2. The minimum wall insulation R-value shall be R-13. Walls separating a sunroom or heated garage with thermal isolation from conditioned space shall comply with the building thermal envelope requirements of this code. R402.2.13 Thermal bridges in above-grade walls. Thermal bridges in above-grade walls shall comply with Sections R402.2.13.1 through R402.13.3 or an approved design. Exceptions: 1. Any thermal bridge with a material thermal conductivity not greater than 3.0 Btu/h-ft-°F. 2. Blocking, coping, flashing, and other similar materials for attachment of roof coverings. 3. Thermal bridges accounted for in the U-factor or C-factor for a building thermal envelope. R402.2.13.1 Balconies and floor decks. Balconies and concrete floor decks shall not penetrate the building thermal envelope. Such assemblies shall be separately supported or shall be supported by approved structural attachments or elements that minimize thermal bridging through the building thermal envelope. Exceptions: Balconies and concrete floor decks shall be permitted to penetrate the building thermal envelope where: 1. an area-weighted U-factor is used for above-grade wall compliance which includes a U-factor of 0.8 Btu/h-°F-ft2 for the area of the above-grade wall penetrated by the concrete floor deck, or 2. an approved thermal break device of not less than R-10 is installed in accordance with the manufacturer's instructions. R402.2.13.2 Cladding supports. Linear elements supporting opaque cladding shall be off-set from the structure with attachments that allow the continuous insulation, where present, to pass behind the cladding support element. Exceptions: 1. An approved design where the above-grade wall U-factor used for compliance accounts for the cladding support element thermal bridge. 2. Anchoring for curtain wall and window wall systems. R402.2.13.3 Structural beams and columns. Structural steel and concrete beams and columns that project through the building thermal envelope shall be covered with not less than R-5 insulation for not less than 2-feet (610 mm) beyond the interior or exterior surface of an insulation component within the building thermal envelope. Exceptions: 1. Where an approved thermal break device is installed in accordance with the manufacturer's instructions. 2. An approved design where the above-grade wall U-factor used to demonstrate compliance accounts for the beam or column thermal bridge. R402.3 Fenestration. In addition to the requirements of Section R402.1, fenestration shall comply with Sections R402.3.1 through R402.3.7. R402.3.1 U-factor. An area-weighted average of fenestration products shall be permitted to satisfy the U-factor requirements. R402.3.2 Glazed fenestration SHGC. An area-weighted average of fenestration products more than 50-percent glazed shall be permitted to satisfy the SHGC requirements. Dynamic glazing shall be permitted to satisfy the SHGC requirements of Table R402.1.2 provided that the ratio of the higher to lower labeled SHGC is greater than or equal to 2.4, and the dynamic glazing is automatically controlled to modulate the amount of solar gain into the space in multiple steps. Dynamic glazing shall be considered separately from other fenestration, and area- weighted averaging with other fenestration that is not dynamic glazing shall be prohibited. Exception: Dynamic glazing shall not be required to comply with this section where both the lower and higher labeled SHGC comply with the requirements of Table R402.1.2. R402.3.3 Glazed fenestration exemption. Not greater than 15 square feet (1.4 m2) of glazed fenestration per dwelling unit shall be exempt from the U-factor and SHGC requirements in Section R402.1.2. This exemption shall not apply to the Total UA alternative in Section R402.1.5. R402.3.4 Opaque door exemption. One side-hinged or pivot opaque door assembly not greater than 40 square feet (2.22 m2) in area shall be exempt from the U-factor requirement in Section R402.1.2. This exemption shall not apply to the Total UA alternative in Section R402.1.5. R402.3.5 Sunroom and heated garage fenestration. Sunrooms and heated garages enclosing conditioned space shall comply with the fenestration requirements of this code. Exception: Sunrooms and heated garages with thermal isolation and enclosing conditioned space, the fenestration U- factor shall not exceed 0.45 and the skylight U-factor shall not exceed 0.70. This fenestration will count toward the maximum area in section R402.3.6. New fenestration separating a sunroom or heated garage with thermal isolation from conditioned space shall comply with the building thermal envelope requirements of this code. R402.3.6 Maximum area. The vertical fenestration area, not including opaque doors and opaque spandrel panels, shall be not greater than 30 percent of the gross above grade wall area enclosing conditioned space. The skylight area shall be not greater than 3 percent of the gross roof area over conditioned space. R402.3.7 Panes. Vertical fenestration shall be triple glazed with a minimum of one factory applied low-e coating. Exceptions: 1. Vertical fenestration that meets the U-factor of table R402.1.3 using air fill. 2. Doors. R402.4 Air leakage. The building thermal envelope shall be constructed to limit air leakage in accordance with the requirements of Sections R402.4.1 through R402.4.5. R402.4.1 Building thermal envelope. The building thermal envelope shall comply with Sections R402.4.1.1 through R402.4.1.3. The sealing methods between dissimilar materials shall allow for differential expansion and contraction. R402.4.1.1 Installation. The components of the building thermal envelope as indicated in Table R402.4.1.1 shall be installed in accordance with the manufacturer’s instructions and the criteria indicated in Table R402.4.1.1, as applicable to the method of construction. Where required by the code official, an approved third party shall inspect all components and verify compliance. TABLE R402.4.1.1 AIR BARRIER, AIR SEALING AND INSULATION INSTALLATIONa COMPONENT AIR BARRIER CRITERIA INSULATION INSTALLATION CRITERIA General requirements A continuous air barrier shall be installed in the building envelope. Breaks or joints in the air barrier shall be sealed. Air-permeable insulation shall not be used as a sealing material. Ceiling/attic The air barrier in any dropped ceiling or soffit shall be aligned with the insulation and any gaps in the air barrier shall be sealed. Access openings, drop down stairs or knee wall doors to unconditioned attic spaces shall be sealed. The insulation in any dropped ceiling/soffit shall be aligned with the air barrier. Walls The junction of the foundation and sill plate shall be sealed. The junction of the top plate and the top of exterior walls shall be sealed. Knee walls shall be sealed. Cavities within corners and headers of frame walls shall be insulated by completely filling the cavity with a material having a thermal resistance, R-value, of not less than R-3 per inch. Exterior thermal envelope insulation for framed walls shall be installed in substantial contact and continuous alignment with the air barrier. Windows, skylights and doors The space between framing and skylights, and the jambs of windows and doors, shall be sealed. — Rim joists Rim joists shall include an exterior air barrier.b The junctions of the rim board to the sill plate and the rim board and the subfloor shall be air sealed. Rim joists shall be insulated so that the insulation maintains permanent contact with the exterior rim joist .ᵇ Floors, including cantilevered floors and floors above garages The air barrier shall be installed at any exposed edge of insulation. Floor framing cavity insulation shall be installed to maintain permanent contact with the underside of floor sheathing. Alternatively, floor framing cavity insulation shall be in contact with the top side of sheathing, or Continuous insulation installed on the underside of floor framing and extending from the bottom to the top of all perimeter floor framing members. Basement crawl space and slab foundations Exposed earth in unvented crawl spaces shall be covered with a Class I vapor retarder/air barrier in accordance with Section R402.2.10. Penetrations through masonry and concrete foundation walls and slabs shall be air sealed. Class 1 vapor retarders shall not be used as an air barrier on below-grade walls and shall be installed in accordance with Section . 1404.3 of the International Building Code Crawl space insulation, where provided instead of floor insulation, shall be installed in accordance with Section R402.2.10. Conditioned basement foundation wall insulation shall be installed in accordance with Section R402.2.8.1. Slab-on-grade floor insulation shall be installed in accordance with Section R402.2.9.1 Shafts, penetrations Duct and flue shafts to exterior or unconditioned space shall be sealed. Utility penetrations of the air barrier shall be caulked, gasketed or otherwise sealed and shall allow for expansion, contraction of materials and mechanical vibration. Insulation shall be fitted tightly around utilities passing through shafts and penetrations in the building thermal envelope to maintain required R-value. Narrow cavities Narrow cavities of 1 inch or less that are not able to be insulated shall be air sealed. Batts to be installed in narrow cavities shall be cut to fit or narrow cavities shall be filled with insulation that on installation readily conforms to the available cavity space. Garage separation Air sealing shall be provided between the garage and conditioned spaces. Insulated portions of the garage separation assembly shall be installed in accordance with Sections R303 and R402.2.7. a. Inspection of log walls shall be in accordance with the provisions of ICC 400. b. Air barrier and insulation full enclosure is not required in unconditioned/ventilated attic spaces and at rim joists. R402.4.1.2 Testing The building or each dwelling unit in the building shall be tested for air leakage. 32Testing 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. Exception: 1. For heated, attached private garages and heated, detached private garages accessory to one- and two-family dwellings and townhouses not more than three stories above grade plane in height, building envelope tightness and insulation installation shall be considered acceptable where the items in Table R402.4.1.1, applicable to the method of construction, are field verified. Where required by the code official, an approved third party independent from the installer shall inspect both air barrier and insulation installation criteria. Heated, attached private garage space and heated, detached private garage space shall have thermal isolation from all other habitable, conditioned spaces in accordance with Sections R402.2.12 and R402.3.5, as applicable. During testing: 1. Exterior windows and doors, fireplace and stove doors shall be closed, but not sealed, beyond the intended weatherstripping or other infiltration control measures. 2. Dampers including exhaust, intake, makeup air, backdraft and flue dampers shall be closed, but not sealed beyond intended infiltration control measures. 3. Interior doors, where installed at the time of the test, shall be open. 4. Exterior or interior terminations for continuous ventilation systems shall be sealed. 5. Heating and cooling systems, where installed at the time of the test, shall be turned off. 6. Supply and return registers, where installed at the time of the test, shall be fully open. 322Mechanical ventilation shall be provided in accordance with Section 403.3.2 of the International Mechanical Code, as applicable, or with other approved means of ventilation. R402.4.1.3 Maximum air leakage rate. The maximum air leak-age rate for any building or dwelling unit under any compliance path shall not exceed 5.0 air changes per hour or 0.28 cubic feet per minute (CFM) per square foot [0.0079 m3/(s × m2)] of dwelling unit enclosure area. R402.4.1.4 Prescriptive air leakage rate. When complying with Section R401.2.1, the building or dwelling unit shall have an air leakage rate not exceeding 1.5 air changes per hour , when tested in accordance with Section R402.4.1.2. Exception: When testing individual dwelling units, an air leakage rate not exceeding 0.27 cubic feet per minute per square foot of the dwelling unit enclosure area, tested in accordance with ANSI/RESNET/ICC 380, ASTM E779 or ASTM E1827 and reported at a pressure of 0.2 inch w.g. (50 Pa), shall be an accepted alternative for: 1.1 Multiple- family building dwelling units. 1.2 Dwelling units that are 1,500 square feet (139.4 m2) or smaller. R402.4.2 Fireplaces. New wood-burning fireplaces shall comply with Aspen Municipal Code Title 13 and be installed per manufacturer’s instructions. R402.4.3 Fenestration air leakage. Windows, skylights and sliding glass doors shall have an air infiltration rate of not greater than 0.3 cfm per square foot (1.5 L/s/m2), and for swinging doors, not greater than 0.5 cfm per square foot (2.6 L/s/m2), when tested in accordance with NFRC 400 or AAMA/WDMA/CSA 101/I.S.2/A440 by an accredited, independent laboratory and listed and labeled by the manufacturer. Exception: Site-built windows, skylights and doors. R402.4.4 Rooms containing fuel-burning appliances. Where open combustion air ducts provide combustion air to open combustion fuel- burning appliances, the appliances and combustion air opening shall be located outside the building thermal envelope or enclosed in a room that is isolated from inside the thermal envelope. Such rooms shall be sealed and insulated in accordance with the envelope requirements of Table R402.1.3, where the walls, floors and ceilings shall meet a minimum of the basement wall R-value requirement. The door into the room shall be fully gasketed and any water lines and ducts in the room insulated in accordance with Section R403. The combustion air duct shall be insulated where it passes through conditioned space to an R-value of not less than R-8. Exceptions: 1. Direct vent appliances with both intake and exhaust pipes installed continuous to the outside. 2. Wood burning fireplaces and stoves complying with Aspen Municipal Code Title 13 and installed per manufacturer’s instructions. R402.4.5 Recessed lighting. Recessed luminaires installed in the building thermal envelope shall be sealed to limit air leakage between conditioned and unconditioned spaces. Recessed luminaires shall be IC-rated and labeled as having an air leakage rate of not greater than 2.0 cfm (0.944 L/s) when tested in accordance with ASTM E283 at a pressure differential of 1.57 psf (75 Pa). Recessed luminaires shall be sealed with a gasket or caulked between the housing and the interior wall or ceiling covering. R402.4.6 Electrical and communication outlet boxes (air-sealed boxes). Electrical and communication outlet boxes installed in the building thermal envelope shall be sealed to limit air leakage between conditioned and unconditioned spaces. Electrical and communication outlet boxes shall be tested in accordance with NEMA OS 4, Requirements for Air-Sealed Boxes for Electrical and Communication Applications, and shall have an air leak- age rate of not greater than 2.0 cubic feet per minute (0.944 L/s) at a pressure differential of 1.57 psf (75 Pa). Electrical and communication outlet boxes shall be marked “NEMA OS 4” or “OS 4” in accordance with NEMA OS 4. Electrical and communication outlet boxes shall be installed per the manufacturer’s instructions and with any supplied components required to achieve compliance with NEMA OS 4. R402.5 Maximum fenestration U-factor and SHGC. The area-weighted average maximum fenestration U-factor permitted using tradeoffs from Section R402.1.5 or R405 shall be 0.40 for vertical fenestration, and 0.75 for skylights. SECTION R403 SYSTEMS R403.1 Controls. Not less than one thermostat shall be provided for each separate heating and cooling system. R403.1.1 Programmable thermostat. The thermostat controlling the primary heating and cooling system of the dwelling unit shall be capable of controlling the heating and cooling system on a daily schedule to maintain different temperature set points at different times of day and different days of the week. This thermostat shall include the capability to set back or temporarily operate the system to maintain zone temperatures of not less than 55°F (13°C) to not greater than 85°F (29°C). The thermostat shall be programmed initially by the manufacturer with a heating temperature setpoint of not greater than 70°F (21°C) and a cooling temperature setpoint of not less than 78°F (26°C). R403.1.2 Heat pump supplementary heat. Heat pumps having combustion equipment or electric resistance equipment for supplementary space heating shall have controls that are configured to prevent supplemental heat operation when the capacity of the heat pump compressor can meet the heating load and limit supplemental heat operation to only those times when one of the following applies: 1. For space heating systems, the vapor compression cycle cannot provide the necessary heating energy to satisfy the thermostat setting. Exception: For forced-air systems, the vapor compression cycle cannot provide a supply air temperature of 85°F or greater 2. The heat pump is operating in defrost mode. 3. The vapor compression cycle malfunctions. 4. For space heating systems, the thermostat malfunctions. R403.1.3 Continuously burning pilot light Gas fireplace systems and heaters are not permitted to be equipped with a continuously burning pilot light. Exception: Any fireplace or heater equipped with an on-demand, intermittent or interrupted ignition pilot light (as defined in ANSI Z21.20) is not considered to have a continuously burning pilot light. R403.2 Hot water boiler temperature reset. The manufacturer shall equip each gas, oil and electric boiler (other than a boiler equipped with a tankless domestic water heating coil) with automatic means of adjusting the water temperature supplied by the boiler to ensure incremental change of the inferred heat load will cause an incremental change in the temperature of the water supplied by the boiler. This can be accomplished with outdoor reset, indoor reset or water temperature sensing. R403.3 Ducts. Ducts and air handlers shall be installed in accordance with Sections R403.3.1 through R403.3.7. R403.3.1 Ducts located outside conditioned space. Supply and return ducts located outside conditioned space shall be insulated to an R-value of not less than R-8 for ducts 3 inches (76 mm) in diameter and larger and not less than R-6 for ducts smaller than 3 inches (76 mm) in diameter. Ducts buried beneath a building shall be insulated as required per this section or have an equivalent thermal distribution efficiency. Underground ducts utilizing the thermal distribution efficiency method shall be listed and labeled to indicate the R-value equivalency. R403.3.2 Ducts located in conditioned space. For ductwork to be considered inside a conditioned space, it shall comply with one of the following: 1. The duct system shall be located completely within the continuous air barrier and within the building thermal envelope. 2. Ductwork in ventilated attic spaces shall be buried within ceiling insulation in accordance with Section R403.3.3 and all of the following conditions shall exist: 2.1. The air handler is located completely within the continuous air barrier and within the building thermal envelope. 2.2. The duct leakage, as measured either by a rough-in test of the ducts or a post- construction total system leakage test to outside the building thermal envelope in accordance with Section R403.3.6, is less than or equal to 1.5 cubic feet per minute (42.5 L/min) per 100 square feet (9.29 m2) of conditioned floor area served by the duct system. 2.3. The ceiling insulation R-value installed against and above the insulated duct is greater than or equal to the proposed ceiling insulation R-value, less the R-value of the insulation on the duct. 3. Ductwork in floor cavities located over unconditioned space shall comply with all of the following: 3.1. A continuous air barrier installed between unconditioned space and the duct. 3.2. Insulation installed in accordance with Section R402.2.7. 3.3. A minimum R-19 insulation installed in the cavity width separating the duct from unconditioned space. 4. Ductwork located within exterior walls of the building thermal envelope shall comply with the following: 4.1. A continuous air barrier installed between unconditioned space and the duct. 4.2. Minimum R-10 insulation installed in the cavity width separating the duct from the outside sheathing or a minimum R5 Continuous insulation on the exterior side of the wall. 4.3. The remainder of the cavity insulation shall be fully insulated to the drywall side. R403.3.3 Ducts buried within ceiling insulation. Where supply and return air ducts are partially or completely buried in ceiling insulation, such ducts shall comply with all of the following: 1. The supply and return ducts shall have an insulation R-value not less than R-8. 2. At all points along each duct, the sum of the ceiling insulation R-value against and above the top of the duct, and against and below the bottom of the duct, shall be not less than R-19, excluding the R- value of the duct insulation. Exception: Sections of the supply duct that are less than 3 feet (914 mm) from the supply outlet shall not be required to comply with these requirements. R403.3.3.1 Effective R-value of deeply buried ducts. Where using the Total Building Performance Compliance Option in accordance with Section R401.2.2, sections of ducts that are installed in accordance with Section R403.3.3, located directly on or within 5.5 inches (140 mm) of the ceiling, surrounded with blown-in attic insulation having an R-value of R-30 or greater and located such that the top of the duct is not less than 3.5 inches (89 mm) below the top of the insulation, shall be considered as having an effective duct insulation R-value of R- 25. R403.3.4 Sealing. Ducts, air handlers and filter boxes shall be sealed. Joints and seams shall comply with the International Mechanical Code R403.3.4.1 Sealed air handler. Air handlers shall have a manufacturer’s designation for an air leakage of not greater than 2 percent of the design airflow rate when tested in accordance with ASHRAE 193. R403.3.5 Duct testing. Ducts shall be pressure tested in accordance with ANSI/RESNET/ICC 380 or ASTM E1554 to determine air leakage by one of the following methods: 1. Rough-in test: Total leakage shall be measured with a pressure differential of 0.1 inch w.g. (25 Pa) across the system, including the manufacturer’s air handler enclosure if installed at the time of the test. Registers shall be taped or otherwise sealed during the test. 2. Postconstruction test: Total leakage shall be measured with a pressure differential of 0.1 inch w.g. (25 Pa) across the entire system, including the manufacturer’s air handler enclosure. Registers shall be taped or otherwise sealed during the test. A written report of the results of the test shall be signed by the party conducting the test and provided to the code official. Exceptions: 1. A duct air-leakage test shall not be required for ducts serving ventilation systems that are not integrated with ducts serving heating or cooling systems. 2. A duct air-leakage test shall not be required for ducts located entirely within the thermal envelope. R403.3.6 Duct leakage. The total leakage of the ducts, where measured in accordance with Section R403.3.5, shall be as follows: 1. Rough-in test: The total leakage shall be less than or equal to 4.0 cubic feet per minute (113.3 L/min) per 100 square feet (9.29 m2) of conditioned floor area where the air handler is installed at the time of the test. Where the air handler is not installed at the time of the test, the total leakage shall be less than or equal to 3.0 cubic feet per minute (85 L/min) per 100 square feet (9.29 m2) of conditioned floor area. 2. Postconstruction test: Total leakage shall be less than or equal to 4.0 cubic feet per minute (113.3 L/min) per 100 square feet (9.29 m2) of conditioned floor area. 3. Test for ducts within thermal envelope: Where all ducts and air handlers are located entirely within the building thermal envelope, total leakage shall be less than or equal to 8.0 cubic feet per minute (226.6 L/min) per 100 square feet (9.29 m2) of conditioned floor area. R403.3.7 Building cavities. Building framing cavities shall not be used as ducts or plenums. R403.4 Mechanical system piping insulation. Mechanical system piping capable of carrying fluids greater than 105°F (41°C) or less than 55°F (13°C) shall be insulated to an R- value of not less than R-3. R403.4.1 Protection of piping insulation. Piping insulation exposed to weather shall be protected from damage, including that caused by sunlight, moisture, equipment maintenance and wind. The protection shall provide shielding from solar radiation that can cause degradation of the material. Adhesive tape shall be prohibited. R403.5 Service hot water systems. Energy conservation measures for service hot water systems shall be in accordance with Sections R403.5.1 through R403.5.3. R403.5.1 Heated water circulation and temperature maintenance systems. Heated water circulation systems shall be in accordance with Section R403.5.1.1. Heat trace temperature maintenance systems shall be in accordance with Section R403.5.1.2. Automatic controls, temperature sensors and pumps shall be in a location with access. Manual controls shall be in a location with ready access. R403.5.1.1 Circulation systems. Heated water circulation systems shall be provided with a circulation pump. The system return pipe shall be a dedicated return pipe or a cold-water supply pipe. Gravity and thermosyphon circulation systems shall be prohibited. Controls for circulating hot water system pumps shall automatically turn off the pump when the water in the circulation loop is at the desired temperature and when there is no demand for hot water. The controls shall limit the temperature of the water entering the cold-water piping to not greater than 104ºF (40ºC). R403.5.1.1.1 Demand recirculation water systems. Where installed, demand recirculation water systems shall have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance, sensing the presence of a user of a fixture or sensing the flow of hot or tempered water to a fixture fitting or appliance. R403.5.1.2 Heat trace systems. Electric heat trace systems shall comply with IEEE 515.1 or UL 515, as well as the requirements of R403.11. Controls for such systems shall automatically adjust the energy input to the heat tracing to maintain the desired water temperature in the piping in accordance with the times when heated water is used in the occupancy. R403.5.2 Hot water pipe insulation. Insulation for service hot water piping with a thermal resistance, R- value, of not less than R-3 shall be applied to the following: 1. Piping 3/4 inch (19.1 mm) and larger in nominal diameter located inside the conditioned space. 2. Piping serving more than one dwelling unit. 3. Piping located outside the conditioned space. 4. Piping from the water heater to a distribution manifold. 5. Piping located under a floor slab. 6. Buried piping. 7. Supply and return piping in circulation and recirculation systems other than cold water pipe return demand recirculation systems. R403.5.3 Drain water heat recovery units. Where installed, drain water heat recovery units shall comply with CSA B55.2. Drain water heat recovery units shall be tested in accordance with CSA B55.1. Potable water-side pressure loss of drain water heat recovery units shall be less than 3 psi (20.7 kPa) for individual units connected to one or two showers. Potable water-side pressure loss of drain water heat recovery units shall be less than 2 psi (13.8 kPa) for individual units connected to three or more showers. R403.6 Mechanical ventilation. New buildings complying with Section R402.4.1 shall be provided with ventilation that complies with the requirements of the International Mechanical Code, as applicable, or with other approved means of ventilation. Outdoor air intakes and exhausts shall have automatic or gravity dampers that close when the ventilation system is not operating. R403.6.1 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 a balanced ventilation system with a minimum sensible heat recovery efficiency of 65 percent at 32°F (0°C) at an airflow greater than or equal to the design airflow. The SRE shall be determined from a listed value or from interpolation of listed values. R403.6.2 Whole-dwelling mechanical ventilation system fan efficacy. Fans used to provide whole-dwelling mechanical ventilation shall meet the efficacy requirements of Table R403.6.2 at one or more rating points. Fans shall be tested in accordance with the test procedure referenced by Table R403.6.2 and listed. The airflow shall be reported in the product listing or on the label. Fan efficacy shall be reported in the product listing or shall be derived from the input power and airflow values reported in the product listing or on the label. Fan efficacy for fully ducted HRV, ERV, balanced, and in-line fans shall be determined at a static pressure of not less than 0.2 inch w.c. (49.85 Pa). Fan efficacy for ducted range hoods, bathroom and utility room fans shall be determined at a static pressure of not less than 0.1 inchw.c. (24.91 Pa).TABLE R403.6.2 WHOLE-DWELLING MECHANICAL VENTILATION SYSTEM FAN EFFICACYa FAN LOCATION AIRFLOW RATE MINIMUM (CFM) MINIMUM EFFICACY (CFM/WATT) TEST PROCEDURE HRV, ERV Any 1.2 CAN/CSA 439 Range hood Any 2.8 ASHRAE 51 (ANSI/AMCA Standard 210) In-line supply or exhaust fan Any 3.8 Other exhaust fan < 90 2.8 ≥ 90 and < 200 3.5 ≥ 200 4.0 Air-handler that is integrated to tested and listed HVAC equipment Any 1.2 Outdoor airflow as specified. Air-handler fan power determined in accordance with the HVAC appliance's test method referenced by Section C403.3.2 of the IECC- Commercial Provisions. a. Design outdoor airflow rate/watts of fan used. R403.6.3 Testing. Mechanical ventilation systems used to provide the required whole-dwelling mechanical ventilation shall be tested and verified to provide the minimum ventilation flow rates required by Section R403.6, in accordance with ANSI/RESNET/ICC 380. 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. Exception: A third-party test shall not be required where the ventilation system has an integrated diagnostic tool used for airflow measurement, programmable airflow settings, and a user interface that communicates the installed airflow rate. R403.7 Packaged and split system cooling equipment. Where forced air systems are provided with split system cooling equipment, that equipment shall be a heat pump sized and configured to provide primary heat for the forced air system. R403.8 Systems serving multiple dwelling units. Systems serving multiple dwelling units shall comply with Sections C403 and C404 of the International Energy Conservation Code—Commercial Provisions instead of Section R403. R403.9 Snow and ice melting systems Snow- and ice-melting systems shall comply with R403.9.1 through R403.9.3.R403.9.1 Snow melt and ice system controls. Snow- and ice- melting systems shall include automatic controls that are configured to shut off the system when the temperature of the snowmelted surface is greater than 40°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°C). Exception: Heat mats that are controlled by a factory installed thermostat configured to energize the mat when the outdoor temperature is less than 35°F maximum and configured to deenergize the mat when the outdoor temperature is greater than 50°F maximum. R403.9.2 Insulation. R-10 insulation shall be installed under the snow melted surface. Exceptions: 1. Integrated pedestal system products over conditioned space or on above grade decks with minimum R-4 integral insulation plus minimum R-6 insulation under the air space. 2. Heat mats R403.9.3 Equipment. Electric resistance and heat pump heaters are permitted. Where condensing boilers are used, the boiler supply water temperature shall be 130°F maximum to allow for efficient boiler operation. R403.10 Roof and gutter deicing controls. Roof and gutter deicing systems, including but not limited to self- regulating cable, shall include automatic controls configured to shut off the system when the outdoor temperature is above 40°F (4°C). Such controls shall include one of the following: 1. A moisture sensor configured to shut off the system in the absence of moisture, or 2. A daylight sensor or other means configured to shut off the system between sunset and sunrise. R403.11 Freeze protection system controls. Freeze protection systems, such as heat tracing of outdoor piping and heat exchangers, including self-regulating heat tracing, shall include automatic controls that are configured to shutoff the systems when the outdoor air temperature is greater than 40°F (4°C) or when the conditions of the protected fluid will prevent freezing. R403.12 Energy consumption of pools and spas. The energy consumption of pools and permanent spas shall be controlled by the requirements in Sections R403.10.1 through R403.10.3. R403.12.1 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 comply with Section R403.1.3. Electric resistance and heat pump heaters are permitted. Where condensing boilers are used, the boiler supply water temperature shall be a maximum of 130F to allow for efficient boiler operation. R403.12.2 Time switches. Time switches or other control methods that can automatically turn heaters and pump motors off and on according to a preset schedule shall be installed for heaters and pump motors. Heaters and pump motors that have built-in time switches shall be in compliance with this section. Exceptions: 1. Where public health standards require 24-hour pump operation. 2. Pumps that operate solar- and waste-heat- recovery pool heating systems. R403.12.3 Covers. Outdoor heated pools and outdoor permanent spas shall be provided with a vapor-retardant cover with minimum insulation value of R-2. R403.13 Portable spas. The energy consumption of electric-powered portable spas shall be controlled by the requirements of APSP 14. R403.13.1 Covers. Portable spas shall be provided with a cover with a minimum insulation value of R-12. R403.14 Residential pools and permanent residential spas. Where installed, the energy consumption of residential swimming pools and permanent residential spas shall be controlled in accordance with the requirements of APSP 15. Swimming pools and permanent spas shall have insulation on the sides and bottom surfaces located on the exterior. The type of insulation shall be impermeable and impervious to water logging or saturation and unaffected by water, mold, mildew, and have capability to resist compression. The insulation value shall be a minimum of R-15. R403.15 Heating outside a building. Systems installed to provide heat outside a building shall be electric systems or gas fireplaces or firepits. 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. R403.16 Cooling outside a building. Systems to provide cooling outside the building thermal envelope shall not be permitted. SECTION R404 ELECTRICAL POWER, LIGHTING, STORAGE, AND RENEWABLE ENERGY SYSTEMS R404.1 Lighting equipment. All permanently installed lighting fixtures, excluding kitchen appliance lighting fixtures, shall contain only high-efficacy lighting sources. R404.1.1 Exterior lighting. Connected exterior lighting for residential buildings shall comply with Section C405.5. Exceptions: 1. Detached one- and two- family dwellings. 2. Townhouses. 3. Solar-powered lamps not connected to any electrical service. 4. Luminaires controlled by a motion sensor. 5. Lamps and luminaires that comply with Section R404.1. R404.1.2 Fuel gas lighting equipment. Fuel gas lighting systems shall not be permitted . R404.2 Interior lighting controls. All permanently installed luminaires shall be controlled as required in Sections R404.2.1 and R404.2.2 Exception: Lighting controls shall not be required for the following: 1. Bathrooms. 2. Hallways. 3. Lighting designed for safety or security, including stairway illumination. R404.2.1 Habitable spaces All permanently installed luminaires in habitable spaces shall be controlled with a dimmer or an automatic shut-off control capable of automatically turning off lights within 20 minutes after all occupants have left the space and shall incorporate a manual control to allow occupants to turn the lights on or off. R404.2.2 Specific locations All permanently installed luminaires in garages, laundry rooms, utility rooms, storage rooms, crawlspaces, and unfinished spaces in basements and attics shall be controlled by an automatic shut-off control that automatically turns off lights within 20 minutes after all occupants have left the space and shall incorporate a manual control to allow occupants to turn the lights on or off. R404.3 Exterior lighting controls. Exterior lighting controlled from within individual dwelling units shall comply with Section R404.3.1. Controls for all other exterior lighting shall comply with Sections C405.2.7 R404.3.1 Controls for individual dwelling units . Where the total permanently installed exterior lighting power is greater than 30 watts, the permanently installed exterior lighting shall comply with the following: 1. Lighting shall be controlled by a manual on and off switch which permits automatic shut-off actions. 2. Lighting shall be automatically shut off when daylight is present and satisfies the lighting needs. 3. Controls that override automatic shut-off actions shall not be allowed unless the override automatically returns automatic control to its normal operation within 24 hours. R404.4 Electric readiness of systems using fossil fuel: household clothes dryers and conventional cooking tops or conventional ovens shall comply with the requirements of Sections R404.4.1 through R404.4.3. R404.4.1 Cooking appliances. An individual branch circuit receptacle outlet with a rating not less than 240-volts, 40-amperes shall be installed, and terminate within three feet of conventional cooking tops, conventional ovens or cooking appliances combining both. Exception: Cooking appliances not installed in a dwelling unit. R404.4.2 Household clothes dryers. An individual branch circuit receptacle outlet with a rating not less than 240- volts, 30-amperes shall be installed, and terminate within three feet (304 mm) of each household clothes dryer. Exception: Clothes dryers that serve more than one dwelling unit and are located outside of a dwelling unit. R404.4.3 Electrification-ready circuits. The unused conductors required by Sections R404.4.1 through R404.4.2 shall be labeled with the word “spare.” Space shall be reserved in the electrical panel in which the branch circuit originates for the installation of an overcurrent device. Capacity for the circuits required by Sections R404.4.1 through R404.4.2 shall be included in the load calculations of the original installation. R404.5 Renewable energy infrastructure. The building shall comply with the requirements of R404.5.1 or R404.5.2. R404.5.1 One- and two- family dwellings and townhouses. One- and two-family dwellings and townhouses shall comply with Sections R404.5.1.1 through R404.5.1.4. Exceptions: 1. A dwelling unit with a permanently installed on-site renewable energy system. 2. A dwelling unit with less than 500 square feet (46m2) of roof area oriented between 110 degrees and 270 degrees of true north. 3. Dwelling units where 50 percent of the solar-ready area is shaded from direct-beam sunlight by natural objects or by structures that are not part of the building for more than 2500 annual hours between 8:00 a.m. and 4:00 p.m. R404.5.1.1 Solar-ready zone area. The total area of the solar-ready zone shall not be less than 250 square feet (23.2 m2) and shall be composed of areas not less than 5.5 feet (1676 mm) in one direction and not less than 80 square feet (7.4 m2) exclusive of access or set back areas as required by the International Fire Code. Exception: Dwelling units in townhouses three stories or less in height above grade plane and with a total floor area less than or equal to 2,000 square feet (186m2) per dwelling shall be permitted to have a solar-ready zone area of not less than 150 square feet (14 m2). R404.5.1.2 Obstructions. Solar-ready zones shall be free from obstructions, including but not limited to vents, chimneys, and roof-mounted equipment. R404.5.1.3 Electrical service reserved space. The main electrical service panel shall have a reserved space for a dual pole circuit breaker and shall be labeled “For Future Solar Electric.” The reserved space shall be at the opposite (load) end of the busbar from the primary energy source. R404.5.1.4 Electrical interconnection. An electrical junction box shall be installed within 24 inches (610 mm) 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 a minimum 1 inch (25 mm) nonflexible metallic conduit or permanently installed wire as approved by the code official. Where the interconnection terminates in the attic, location shall be no less than 12 inches (35 mm) above ceiling insulation. Both ends of the interconnection shall be labeled “For Future Solar Electric”. R404.5.2 Other Group R occupancies. Other Group R occupancies shall comply with Section C405.14. R404.6 Electric Vehicle Power Transfer Infrastructure. New automobile parking spaces for one- and two-family dwellings and townhouses shall be provided in accordance with Sections R404.6.1 through R404.6.5. New automobile parking spaces for R-2 occupancies shall comply with Section C405.13. R404.6.1 Quantity. New one- and two-family dwellings and townhouses with a designated attached or detached garage or other onsite private parking provided adjacent to the dwelling unit shall be provided with one EV- capable, EV-ready, or EVSE installed space per dwelling unit. R404.6.2 EV Capable Spaces. Each EV capable space used to meet the requirements of Section R404.6.1 shall comply with all of the following: 1. A continuous raceway or cable assembly shall be installed between an enclosure or outlet located within 3 feet (914 mm) of the EV capable space and a suitable panelboard or other onsite electrical distribution equipment. 2. Installed raceway or cable assembly shall be sized and rated to supply a minimum circuit capacity in accordance with R404.7.4 3. The electrical distribution equipment to which the raceway or cable assembly connects shall have sufficient dedicated space and spare electrical capacity for a 2-pole circuit breaker or set of fuses. 4. The electrical enclosure or outlet and the electrical distribution equipment directory shall be marked: "For future electric vehicle supply equipment (EVSE)." R404.6.3 EV Ready Spaces. Each branch circuit serving EV ready spaces shall comply with all of the following: 1. Terminate at a receptacle outlet, located within 3 feet (914 mm) of each EV ready space it serves. 2. Have a minimum circuit capacity in accordance with R404.6.4. 3. The panelboard or other electrical distribution equipment directory shall designate the branch circuit as "For electric vehicle supply equipment (EVSE)" and the outlet or enclosure shall be marked "For electric vehicle supply equipment (EVSE)." R404.6.4 Circuit Capacity. For one- and two-family dwellings and townhouses, the capacity of electrical infrastructure serving each EV capable space, EV ready space and EVSE space shall have a rated capacity not less than 8.3 kVA (or 40A at 208/240V) for each EV capable space, EV ready space or EVSE space it serves. Where a circuit is shared or managed it shall be in accordance with NFPA 70. R404.6.5 EVSE installation. For one- and two-family dwellings and townhouses, EVSE shall be installed in accordance with NFPA 70 and shall be listed and labeled in accordance with UL 2202 or UL 2594. R404.6.5.1 EVSE minimum charging rate. Each installed EVSE shall comply with one of the following: 1. Be capable of charging at a rate of not less than 6.2 kVA (or 30A at 208/240V). 2. Where serving EVSE spaces allowed to have a circuit capacity of not less than 2.7 kVA in accordance with R404.7.4.1 and controlled by an energy management system providing load management, be capable of simultaneously charging each EVSE space at a rate of not less than 2.1 kVA. R404.7 Electrical energy storage system ready. One- and two-family dwellings and townhouses shall be energy storage ready in accordance with Sections R404.7.1 through R404.7.4. Other Group R occupancies shall comply with Section C405.15. Exception: One- and two-family dwellings and townhouses with an installed Energy Storage System (ESS) with a minimum rated energy capacity of 5 kWh with a minimum of four ESS supplied branch circuits complying with RD103.3.4. R404.7.1 Energy storage system space. Interior or exterior space with dimensions and locations in accordance with Section 1207 of the International Fire Code and Section 110.26 of NFPA 70 shall be reserved to allow for the future installation of an energy storage system. R404.7.2 System Isolation Equipment Space. Space shall be reserved to allow for the future installation of a transfer switch within 3 feet (305mm) of the main panelboard. Raceways shall be installed between the panelboard and the transfer switch location to allow the connection of an ESS. R404.7.3 Panelboard with backed-up load circuits. A dedicated raceway from the main service to a panelboard that supplies the branch circuits served by the ESS. All branch circuits are permitted to be supplied by the main service panel prior to the installation of an ESS. The trade size of the raceway shall be not less than one inch. The panelboard that supplies the branch circuits shall be labeled "Subpanel reserved for future battery energy storage system to supply essential loads." R404.7.4 Branch circuits served by ESS. A minimum of four branch circuits shall be identified and have their source of supply collocated at a single panelboard supplied by the ESS. The following end uses shall be served by the branch circuits: 1. A refrigerator. 2. One lighting circuit near the primary egress. 3. A receptacle outlet. R404.8 Inverters. Direct-current-to-alternating-current inverters serving on-site renewable energy systems or on-site electrical energy storage systemsshall be compliant with IEEE 1547-2018a and UL 1741-2021. SECTION R405 TOTAL BUILDING PERFORMANCE R405.1 Scope. This section establishes criteria for compliance using total building performance analysis. Such analysis shall include heating, cooling, mechanical ventilation and service water-heating energy only. R405.2 Performance-based compliance. Compliance based on total building performance requires that a proposed design meets all of the following: 1. The requirements of the sections indicated within Table R405.2. 2. The proposed total building thermal envelope UA, which is the sum of the U-factor times assembly area, shall be less than or equal to the building thermal envelope UA using the prescriptive U-factors from Table R402.1.2 multiplied by 1.23. 3. An annual energy cost of the proposed design that is less than or equal to 77 percent of the annual energy cost of the standard reference design. Energy prices shall be taken from a source approved by the code official, such as the Department of Energy, Energy Information Administration’s State Energy Data System Prices and Expenditures reports. Code officials shall be permitted to require time-of- use pricing in energy cost calculations. Exception: The energy use based on source energy expressed in Btu or Btu per square foot of conditioned floor area shall be permitted to be substituted for the energy cost. The source energy multiplier for electricity shall be 3.16. The source energy multiplier for fuels other than electricity shall be 1.1. R405.3 Documentation. Documentation of the software used for the proposed design and the parameters for the baseline building shall be in accordance with Sections R405.3.1 through R405.3.2.2. R405.3.1 Compliance software tools. Documentation verifying that the methods and accuracy of the compliance software tools conform to the provisions of this section shall be provided to the code official. R405.3.2 Compliance report. Compliance software tools shall generate a report that documents that the proposed design complies with Section R405.2. A compliance report on the proposed design shall be submitted with the application for the building permit. Upon completion of the building, a confirmed compliance report based on the confirmed condition of the building shall be submitted to the code official before a certificate of occupancy is issued. Compliance reports shall include information in accordance with Sections R405.3.2.1 and R405.3.2.2. TABLE R405.2 REQUIREMENTS FOR TOTAL BUILDING PERFORMANCE SECTIONa TITLE General R401.2.5 Additional energy efficiency R401.3 Certificate Building Thermal Envelope R402.1.1 Vapor retarder R402.2.3 Eave baffle R402.2.4.1 Access hatches and door insulation installation and retention R402.2.10.1 Crawl space wall insulation installations R402.4.1.1 Installation R402.4.1.2 Testing R402.5 Maximum fenestration U-factor and SHGC Mechanical R403.1 Controls R403.3, including R403.3.1, except Sections R403.3.2, R403.3.3 and R403.3.6 Ducts R403.4 Mechanical system piping insulation R403.5.1 Heated water circulation and temperature maintenance systems R403.5.3 Drain water heat recovery units R403.6 Mechanical ventilation R403.7 Packaged and split system cooling equipment R403.8 Systems serving multiple dwelling units R403.9 Snow melt and ice systems R403.10 Roof and gutter deicing controls R403.11 Freeze protection system controls R403.12 Energy consumption of pools and spas R403.13 Portable spas R403.14 Residential pools and permanent residential spas R403.15 Heating outside a building R403.16 Cooling outside a building R404 Electrical power, lighting, storage, and renewable energy systems R407 Maintenance information and system commissioning R409 Energy reporting and metering a. Reference to a code section includes all the relative subsections except as indicated in the table. R405.3.2.1 Compliance report for permit application. A compliance report submitted with the application for building permit shall include the following: 1. Building street address, or other building site identification. 2. The name of the individual performing the analysis and generating the compliance report. 3. The name and version of the compliance soft- ware tool. 4. Documentation of all inputs entered into the software used to produce the results for the reference design and/or the rated home. 5. A certificate indicating that the proposed design complies with Section R405.2. The certificate shall document the building components’ energy specifications that are included in the calculation including: component-level insulation R-values or U-factors; duct system and building envelope air leakage testing assumptions; and the type and rated efficiencies of proposed heating, cooling, mechanical ventilation and service water-heating equipment to be installed. If on-site renewable energy systems will be installed, the certificate shall report the type and production size of the proposed system. 6. Where a site-specific report is not generated, the proposed design shall be based on the worst-case orientation and configuration of the rated home. R405.3.2.2 Compliance report for certificate of occupancy. A compliance report submitted for obtaining the certificate of occupancy shall include the following: 1. Building street address, or other building site identification. 2. Declaration of the simulated building performance path on the title page of the energy report and the title page of the building plans. 3. A statement, bearing the name of the individual performing the analysis and generating the report, indicating that the as-built building complies with Section R405.2. 4. The name and version of the compliance software tool. 5. A site-specific energy analysis report that is in compliance with Section R405.2. 6. A final confirmed certificate indicating compliance based on inspection, and a statement indicating that the confirmed rated design of the built home complies with Section R405.2. The certificate shall report the energy features that were confirmed to be in the home, including component-level insulation R-values or U- factors; results from any required duct system and building envelope air leakage testing; and the type and rated efficiencies of the heating, cooling, mechanical ventilation and service water-heating equipment installed. 7. When on-site renewable energy systems have been installed, the certificate shall report the type and production size of the installed system. R405.4 Calculation procedure. Calculations of the proposed design shall be in accordance with Sections R405.4.1 and R405.4.2. R405.4.1 General. Except as specified by this section, the standard reference design and proposed design shall be configured and analyzed using identical methods and techniques. R405.4.2 Residence specifications. The standard reference design and proposed design shall be configured and analyzed as specified by Table R405.4.2(1). Table R405.4.2(1) shall include, by reference, all notes contained in Table R402.1.3. TABLE R405.4.2(1) SPECIFICATIONS FOR THE STANDARD REFERENCE AND PROPOSED DESIGNS BUILDING COMPONENT STANDARD REFERENCE DESIGN PROPOSED DESIGN Above-grade walls Type: mass where the proposed wall is a mass wall; otherwise, wood frame. As proposed Gross area: same as proposed. As proposed U-factor: as specified in Table R402.1.2. As proposed Solar absorptance = 0.75. As proposed Emittance = 0.90. As proposed Basement and crawl space walls Type: same as proposed. As proposed Gross area: same as proposed. As proposed U-factor: as specified in Table R402.1.2, with the insulation layer on the interior side of the walls. As proposed Above-grade floors Type: wood frame. As proposed Gross area: same as proposed. As proposed U-factor: as specified in Table R402.1.2. As proposed Ceilings Type: wood frame. As proposed Gross area: same as proposed. As proposed U-factor: as specified in Table R402.1.2. As proposed Roofs Type: composition shingle on wood sheathing. As proposed Gross area: same as proposed. As proposed Solar absorptance = 0.75. As proposed Emittance = 0.90. As proposed Attics Type: vented with an aperture of 1 ft2 per 300 ft2 of ceiling area. As proposed Foundations Type: same as proposed. As proposed Foundation wall area above and below grade and soil characteristics: same as proposed. As proposed Opaque doors Area: 40 ft2. As proposed Orientation: North. As proposed U-factor: same as fenestration as specified in Table R402.1.2. As proposed Vertical fenestration other than opaque doors Total areah = ) The proposed glazing area, where the proposed glazing area is less than 15 percent of the conditioned floor area. 15 percent of the conditioned floor area, where the proposed glazing area is 15 percent or more of the conditioned floor area. As proposed Orientation: equally distributed to four cardinal compass orientations (N, E, S & W). As proposed U-factor: as specified in Table R402.1.2. As proposed SHGC: as specified in Table R402.1.2 except for climate zones without an SHGC requirement, the SHGC shall be equal to 0.40. As proposed Interior shade fraction: 0.92 – (0.21 × SHGC for the standard reference design). Interior shade fraction: 0.92 – (0.21 × SHGC as proposed) External shading: none As proposed (continued) TABLE R405.4.2(1)—continued SPECIFICATIONS FOR THE STANDARD REFERENCE AND PROPOSED DESIGNS BUILDING COMPONENT STANDARD REFERENCE DESIGN PROPOSED DESIGN Skylights None As proposed Thermally isolated sunrooms None As proposed Air exchange rate The air leakage rate at a pressure of 0.2 inch w.g. (50 Pa) shall be Climate Zones 0 through 2: 5.0 air changes per hour. Climate Zones 3 through 8: 3.0 air changes per hour. The measured air exchange rate.a The mechanical ventilation rate shall be in addition to the air leakage rate and shall be the same as in the proposed design, but not greater than 0.01 × CFA + 7.5 × (Nbr + 1) where: CFA = conditioned floor area, ft2. Nbr = number of bedrooms. The mechanical ventilation system type shall be the same as in the proposed design. Energy recovery shall not be assumed for mechanical ventilation. The mechanical ventilation rateb shall be in addition to the air leakage rate and shall be as proposed. Mechanical ventilation Where mechanical ventilation is not specified in the proposed design: None Where mechanical ventilation is specified in the proposed design, the annual vent fan energy use, in units of kWh/yr, shall equal (1/ef) ×[0.0876 × CFA + 65.7 × (Nbr + 1)] where: ef = the minimum fan efficacy, as specified in Table 403.6.2, corresponding to the system type at a flow rate of 0.01 × CFA + 7.5 × (Nbr + 1) CFA = conditioned floor area, ft2. Nbr = number of bedrooms. As proposed Internal gains IGain, in units of Btu/day per dwelling unit, shall equal 17,900 + 23.8 ×CFA + 4,104 × Nbr where: CFA = conditioned floor area, ft2. Nbr = number of bedrooms. Same as standard reference design. Internal mass Internal mass for furniture and contents: 8 pounds per square foot of floor area. Same as standard reference design, plus any additional mass specifically designed as a thermal storage elementc but not integral to the building envelope or structure. Structural mass For masonry floor slabs: 80 percent of floor area covered by R-2 carpet and pad, and 20 percent of floor directly exposed to room air. As proposed For masonry basement walls: as proposed, but with insulation as specified in Table R402.1.3, located on the interior side of the walls. As proposed For other walls, ceilings, floors, and interior walls: wood frame construction. As proposed Heating systemsd, e For other than electric heating without a heat pump: as proposed. Where the proposed design utilizes electric heating without a heat pump, the standard reference design shall be an air source heat pump meeting the requirements of Section C403 of the IECC—Commercial Provisions. Capacity: sized in accordance with Section R403.7. As proposed Cooling systemsd, f As proposed. Capacity: sized in accordance with Section R403.7. As proposed (continued) TABLE R405.4.2(1)—continued SPECIFICATIONS FOR THE STANDARD REFERENCE AND PROPOSED DESIGNS BUILDING COMPONENT STANDARD REFERENCE DESIGN PROPOSED DESIGN Service water heatingd, g As proposed. Use, in units of gal/day = 25.5 + (8.5 × Nbr) where: Nbr = number of bedrooms. As proposed Use, in units of gal/day = 25.5 + (8.5 × Nbr) × (1 – HWDS) where: Nbr = number of bedrooms. HWDS = factor for the compactness of the hot water distribution system. Compactness ratioi factor HWDS 1 story 2 or more stories > 60% > 30% 0 > 30% to ≤ 60% > 15% to ≤ 30% 0.05 > 15% to ≤ 30% > 7.5% to ≤ 15% 0.10 < 15% < 7.5% 0.15 Thermal distribution systems Duct insulation: in accordance with Section R403.3.1. A thermal distribution system efficiency (DSE) of 0.88 shall be applied to both the heating and cooling system efficiencies for all systems other than tested duct systems. Duct location: same as proposed design. Exception: For nonducted heating and cooling systems that do not have a fan, the standard reference design ther- mal distribution system efficiency (DSE) shall be 1. For tested duct systems, the leakage rate shall be 4 cfm (113.3 L/min) per 100 ft2 (9.29 m2) of conditioned floor area at a pressure of differential of 0.1 inch w.g. (25 Pa). Duct location: as proposed Duct insulation: as proposed. As tested or, where not tested, as specified in Table R405.4.2(2). Thermostat Type: Manual, cooling temperature setpoint = 75°F; Heating temperature setpoint = 72°F. Same as standard reference design. Dehumidistat Where a mechanical ventilation system with latent heat recov- ery is not specified in the proposed design: None. Where the proposed design utilizes a mechanical ventilation system with latent heat recovery: Dehumidistat type: manual, setpoint = 60% relative humidity. Dehumidifier: whole-dwelling with integrated energy factor = 1.77 liters/kWh. Same as standard reference design. For SI: 1 square foot = 0.93 m2, 1 British thermal unit = 1055 J, 1 pound per square foot = 4.88 kg/m2, 1 gallon (US) = 3.785 L, °C = (°F-32)/1.8, 1 degree = 0.79 rad. a. Where required by the code official, testing shall be conducted by an approved party. Hourly calculations as specified in the ASHRAE Handbook of Funda- mentals, or the equivalent, shall be used to determine the energy loads resulting from infiltration. b. The combined air exchange rate for infiltration and mechanical ventilation shall be determined in accordance with Equation 43 of 2001 ASHRAE Hand- book of Fundamentals, page 26.24 and the “Whole-house Ventilation” provisions of 2001 ASHRAE Handbook of Fundamentals, page 26.19 for intermittent mechanical ventilation. c. Thermal storage element shall mean a component that is not part of the floors, walls or ceilings that is part of a passive solar system, and that provides ther- mal storage such as enclosed water columns, rock beds, or phase-change containers. A thermal storage element shall be in the same room as fenestration that faces within 15 degrees (0.26 rad) of true south, or shall be connected to such a room with pipes or ducts that allow the element to be actively charged. d. For a proposed design with multiple heating, cooling or water heating systems using different fuel types, the applicable standard reference design system capacities and fuel types shall be weighted in accordance with their respective loads as calculated by accepted engineering practice for each equipment and fuel type present. e. For a proposed design without a proposed heating system, a heating system having the prevailing federal minimum efficiency shall be assumed for both the standard reference design and proposed design. f. For a proposed design home without a proposed cooling system, an electric air conditioner having the prevailing federal minimum efficiency shall be assumed for both the standard reference design and the proposed design. g. For a proposed design with a nonstorage-type water heater, a 40-gallon storage-type water heater having the prevailing federal minimum energy factor for the same fuel as the predominant heating fuel type shall be assumed. For a proposed design without a proposed water heater, a 40-gallon storage-type water heater having the prevailing federal minimum efficiency for the same fuel as the predominant heating fuel type shall be assumed for both the proposed design and standard reference design. (continued) TABLE R405.4.2(1)—continued SPECIFICATIONS FOR THE STANDARD REFERENCE AND PROPOSED DESIGNS h. For residences with conditioned basements, R-2 and R-4 residences, and for townhouses, the following formula shall be used to determine glazing area: AF = As × FA × F where: AF = Total glazing area. As = Standard reference design total glazing area. FA = (Above-grade thermal boundary gross wall area)/(above-grade boundary wall area + 0.5 × below-grade boundary wall area). F = (above-grade thermal boundary wall area)/(above-grade thermal boundary wall area + common wall area) or 0.56, whichever is greater. and where: Thermal boundary wall is any wall that separates conditioned space from unconditioned space or ambient conditions. Above-grade thermal boundary wall is any thermal boundary wall component not in contact with soil. Below-grade boundary wall is any thermal boundary wall in soil contact. Common wall area is the area of walls shared with an adjoining dwelling unit. i. The factor for the compactness of the hot water distribution system is the ratio of the area of the rectangle that bounds the source of hot water and the fixtures that it serves (the “hot water rectangle”) divided by the floor area of the dwelling. 1. Sources of hot water include water heaters, or in multiple-family buildings with central water heating systems, circulation loops or electric heat traced pipes. 2. The hot water rectangle shall include the source of hot water and the points of termination of all hot water fixture supply piping. 3. The hot water rectangle shall be shown on the floor plans and the area shall be computed to the nearest square foot. 4. Where there is more than one water heater and each water heater serves different plumbing fixtures and appliances, it is permissible to establish a separate hot water rectangle for each hot water distribution system and add the area of these rectangles together to determine the compactness ratio. 5. The basement or attic shall be counted as a story when it contains the water heater. 6. Compliance shall be demonstrated by providing a drawing on the plans that shows the hot water distribution system rectangle(s), comparing the area of the rectangle(s) to the area of the dwelling and identifying the appropriate compactness ratio and HWDS factor. TABLE R405.4.2(2) DEFAULT DISTRIBUTION SYSTEM EFFICIENCIES FOR PROPOSED DESIGNSa DISTRIBUTION SYSTEM CONFIGURA- TION AND CONDITION FORCED AIR SYSTEMS HYDRONIC SYSTEMSb Distribution system components located in unconditioned space — 0.95 Untested distribution systems entirely located in conditioned spacec 0.88 1 “Ductless” systemsd 1 — a. Default values in this table are for untested distribution systems, which must still meet minimum requirements for duct system insulation. b. Hydronic systems shall mean those systems that distribute heating and cooling energy directly to individual spaces using liquids pumped through closed-loop piping and that do not depend on ducted, forced airflow to maintain space temperatures. c. Entire system in conditioned space shall mean that no component of the distribution system, including the air-handler unit, is located outside of the conditioned space. d. Ductless systems shall be allowed to have forced airflow across a coil but shall not have any ducted airflow external to the manufacturer’s air- handler enclosure. R405.5 Calculation software tools. Calculation software, where used, shall be in accordance with Sections R405.5.1 through R405.5.3. R405.5.1 Minimum capabilities. Calculation procedures used to comply with this section shall be software tools capable of calculating the annual energy consumption of all building elements that differ between the standard reference design and the proposed design and shall include the following capabilities: 1. Computer generation of the standard reference design using only the input for the proposed design. The calculation procedure shall not allow the user to directly modify the building component characteristics of the standard reference design. 2. Calculation of whole-building (as a single zone) sizing for the heating and cooling equipment in the standard reference design residence in accordance with Section R403.7. 3. Calculations that account for the effects of indoor and outdoor temperatures and part-load ratios on the performance of heating, ventilating and air- conditioning equipment based on climate and equipment sizing. 4. Printed code official inspection checklist listing each of the proposed design component characteristics from Table R405.4.2(1) determined by the analysis to provide compliance, along with their respective performance ratings such as R-value, U-factor, SHGC, HSPF, AFUE, SEER and EF. R405.5.2 Specific approval. Performance analysis tools meeting the applicable provisions of Section R405 shall be permitted to be approved. Tools are permitted to be approved based on meeting a specified threshold for a jurisdiction. The code official shall be permitted to approve such tools for a specified application or limited scope. R405.5.3 Input values. When calculations require input values not specified by Sections R402, R403, R404 and R405, those input values shall be taken from an approved source. SECTION R406 ENERGY RATING INDEX COMPLIANCE ALTERNATIVE R406.1 Scope. This section establishes criteria for compliance using an Energy Rating Index (ERI) analysis. R406.2 ERI compliance. Compliance based on the ERI requires that the rated design meets all of the following: 1. The requirements of the sections indicated within Table R406.2. 2. Maximum ERI of Table R406.5. TABLE R406.2 REQUIREMENTS FOR ENERGY RATING INDEX SECTIONa TITLE General R401.2.5 Additional efficiency packages R401.3 Certificate Building Thermal Envelope R402.1.1 Vapor retarder R402.2.3 Eave baffle R402.2.4.1 Access hatches and door insulation installation and retention R402.2.10.1 Crawl space wall insulation installation R402.4.1.1 Installation R402.4.1.2 Testing Mechanical R403.1 Controls R403.3 except Sections R403.3.2, R403.3.3 and R403.3.6 Ducts R403.4 Mechanical system piping insulation R403.5.1 Heated water calculation and temperature maintenance systems R403.5.3 Drain water heat recovery units R403.6 Mechanical ventilation R403.7 Packaged and split system cooling equipment R403.8 Systems serving multiple dwelling units R403.9 Snow melt and ice systems R403.10 Roof and gutter deicing controls R403.11 Freeze protection system controls R403.12 Energy consumption of pools and spas R403.13 Portable spas R403.14 Residential pools and permanent residential spas R403.15 Heating outside a building R403.16 Cooling outside a building R404 Electrical power, lighting, storage, and renewable energy systems R406.3 Building thermal envelope R407 Maintenance information and system commissioning R409 Energy reporting and metering a. Reference to a code section includes all of the relative subsections except as indicated in the table. R406.3 Building thermal envelope. Building and portions thereof shall comply with Section R406.3.1 or R406.3.2. R406.3.1 On-site renewables are not included. Using the ERI analysis of Section R406.4, the proposed total building thermal envelope UA, which is sum of U- factor times assembly area, shall be less than or equal to the building thermal envelope UA using the prescriptive U-factors from Table R402.1.2 multiplied by 1.15 in accordance with Equation 4-1. The area-weighted maxi- mum fenestration SHGC permitted in Climate Zones 0 through 3 shall be 0.30. On-site renewables shall not be included in the ERI analysis. UAProposed design <=1.15 × UAPrescriptive reference design (Equation 4-1) R406.4 Energy Rating Index. The Energy Rating Index (ERI) shall be determined in accordance with RESNET/ICC 301 the ERI reference design ventilation rate shall be in accordance with the International Mechanical Code Equation 4-2. Ventilation rate, CFM = (0.01 × total square foot area of house) + [7.5 × (number of bedrooms + 1)] (Equation 4-2) Energy used to recharge or refuel a vehicle used for transportation on roads that are not on the building site shall not be included in the ERI reference design or the rated design. For compliance purposes, any reduction in energy use of the rated design associated with on-site renewable energy shall not exceed 5 percent of the total energy use. R406.5 ERI-based compliance. Compliance based on an ERI analysis requires that the rated proposed design and confirmed built dwelling be shown to have an ERI less than or equal to 53 without taking credit for any on-site renewables when compared to the ERI reference design. R406.6 Verification by approved agency. Verification of compliance with Section R406 as outlined in Sections R406.4 and R406.6 shall be completed by an approved third party. Verification of compliance with Section R406.2 shall be completed by the authority having jurisdiction or an approved third-party inspection agency in accordance with Section R105.4. R406.7 Documentation. Documentation of the software used to determine the ERI and the parameters for the residential building shall be in accordance with Sections R406.7.1 through R406.7.4. R406.7.1 Compliance software tools. Software tools used for determining ERI shall be Approved Software Rating Tools in accordance with RESNET/ICC 301. R406.7.2 Compliance report. Compliance software tools shall generate a report that documents that the home and the ERI score of the rated design complies with Sections R406.2, R406.3 and R406.4. Compliance documentation shall be created for the proposed design and shall be submitted with the application for the building permit. Confirmed compliance documents of the built dwelling unit shall be created and submitted to the code official for review before a certificate of occupancy is issued. Compliance reports shall include information in accordance with Sections R406.7.2.1 and R406.7.2.2. R406.7.2.1 Proposed compliance report for permit application. Compliance reports submitted with the application for a building permit shall include the following: 1. Building street address, or other building site identification. 2. Declare ERI on title page and building plans. 3. The name of the individual performing the analysis and generating the compliance report. 4. The name and version of the compliance software tool. 5. Documentation of all inputs entered into the software used to produce the results for the reference design and/or the rated home. 6. A certificate indicating that the proposed design has an ERI less than or equal to the appropriate score indicated in Table R406.5 when compared to the ERI reference design. The certificate shall document the building component energy specifications that are included in the calculation, including: component level insulation R-values or U-factors; assumed duct system and building envelope air leakage testing results; and the type and rated efficiencies of proposed heating, cooling, mechanical ventilation, and service water- heating equipment to be installed. If on-site renewable energy systems will be installed, the certificate shall report the type and production size of the proposed system. 7. When a site-specific report is not generated, the proposed design shall be based on the worst-case orientation and configuration of the rated home. R406.7.2.2 Confirmed compliance report for a certificate of occupancy. A confirmed compliance report submitted for obtaining the certificate of occupancy shall be made site and address specific and include the following: 1. Building street address or other building site identification. 2. Declaration of ERI on title page and on building plans. 3. The name of the individual performing the analysis and generating the report. 4. The name and version of the compliance software tool. 5. Documentation of all inputs entered into the software used to produce the results for the reference design and/or the rated home. 6. A final confirmed certificate indicating that the confirmed rated design of the built home complies with Sections R406.2 and R406.4. The certificate shall report the energy features that were confirmed to be in the home, including: component-level insulation R-values or U-factors; results from any required duct system and building envelope air leakage testing; and the type and rated efficiencies of the heating, cooling, mechanical ventilation, and service water-heating equipment installed. Where on-site renewable energy systems have been installed on or in the home, the certificate shall report the type and production size of the installed system. R406.7.4 Additional documentation. The code official shall be permitted to require the following documents: 1. Documentation of the building component characteristics of the ERI reference design. 2. A certification signed by the builder providing the building component characteristics of the rated design. 3. Documentation of the actual values used in the software calculations for the rated design. R406.7.5 Specific approval. Performance analysis tools meeting the applicable subsections of Section R406 shall be approved. Documentation demonstrating the approval of performance analysis tools in accordance with Section R406.7.1 shall be provided. R406.7.6 Input values. Where calculations require input values not specified by Sections R402, R403, R404 and R405, those input values shall be taken from RESNET/ICC 301. SECTION R407 MAINTENANCE INFORMATION AND SYSTEM COMMISSIONING R407.1 Maintenance information and system commissioning. Buildings shall comply with the IECC- Commercial Provisions, Section C408. SECTION R408 ADDITIONAL EFFICIENCY PACKAGE OPTIONS R408.1 Scope. This section establishes additional efficiency package options to achieve additional energy efficiency in accordance with Section R401.2.5. R408.2 Additional efficiency package options. Additional efficiency package options for compliance with Section R401.2.1 are set forth in Sections R408.2.1 through R408.2.4. R408.2.1 Enhanced envelope option. The total building thermal envelope UA, the sum of U-factor times assembly area, shall be less than or equal to 95 percent of the total UA resulting from multiplying the U-factors in Table R402.1.2 by the same assembly area as in the proposed building. The UA calculation shall be performed in accordance with Section R402.1.5. The area-weighted average SHGC of all glazed fenestration shall be less than or equal to 95 percent of the maximum glazed fenestration SHGC in Table R402.1.2. R408.2.3 More efficient HVAC equipment performance option. Heating and cooling equipment shall meet one of the following efficiencies: 1. Greater than or equal to 96 AFUE natural gas furnace or boiler(s). 2. Greater than or equal to 8.5 HSPF2/16.0 SEER2 air source heat pump(s). 3. Greater than or equal to 9 HSPF (7.6 HSPF2) /16 SEER (15.2 SEER2) air source heat pump(s). 4. Greater than or equal to 10 HSPF (8.5 HSPF2) /16 SEER (15.2 SEER2) air source heat pump(s). 5. Greater than or equal to 3.5 COP ground source heat pump. Ductless Systems: 6. Single Zone: 8.5 HSPF2/16.9 SEER2 variable speed air source heat pump(s). 7. Multi Zone: 8.5 HSPF2/16.9 SEER2 variable speed air source heat pump(s) (Non-Ducted Indoor Units). 8. Multi Zone: 8.5 HSPF2/15.2 SEER2 variable speed air source heat pump(s) (Ducted or Mixed Indoor Units) R408.2.4 Reduced energy use in service water-heating options. The hot water system shall meet one of the Uniform Energy Factors (UEF) or Solar Uniform Energy Factors (SUEF): in Table R408.2.3. TABLE R408.2.3 Service water-heating efficiencies Measure Number Water Heater Size and Draw Pattern Type Efficiency R408.2.3(1) Gas-fired storage water heaters ≤ 55 gallons, Medium UEF ≥0.81 ≤ 55 gallons, High UEF ≥0.86 >55 gallons, Medium or High UEF ≥0.86 R408.2.3(2) Gas-fired instantaneous water heaters Medium or High UEF ≥0.95 R408.2.3(3) Electric water heaters Low, Medium, or High Integrated HPWH UEF ≥ 3.30 R408.2.3(4) Integrated HPWH, 120 Volt/15 Amp Circuit UEF ≥ 2.20 R408.2.3(5) Solar water heaters Electric backup SUEF ≥ 3.00 Gas backup SUEF ≥ 1.80 R408.2.5 More efficient duct thermal distribution system option. The thermal distribution system shall meet one of the following efficiencies: 1. 100 percent of ducts and air handlers located entirely within the building thermal envelope. 2. 100 percent of ductless thermal distribution system or hydronic thermal distribution system located completely inside the building thermal envelope. 3. 100 percent of duct thermal distribution system located in conditioned space as defined by Section R403.3.2. SECTION R409 ENERGY REPORTING AND METERING R409.1 Energy Reporting Requirements: Dwellings shall be subject to Section 8.60 – Building IQ of the Aspen Municipal Code and shall follow the requirements for a “Non-City Covered Property.” Buildings shall comply with the requirements of the Multi-Family Residential structures over 15,000 square feet. This requirement shall supersede the applicability statements in Section 8.60.030 and the exceptions listed in Section 8.60.020, as amended. R409.2 Energy Metering. Each dwelling unit shall have separate electric and water meters. Where gas is installed to the building, each dwelling unit shall have a separate gas meter. CHAPTER 5 [RE] EXISTING BUILDINGS User note: About this chapter: Many buildings are renovated or altered in numerous ways that could affect the energy use of the building as a whole. Chapter 5 requires the application of certain parts of Chapter 4 in order to maintain, if not improve, the conservation of energy by the renovated or altered building. SECTION R501 GENERAL R501.1 Scope. The provisions of this chapter shall control the alteration, repair, addition and change of occupancy of existing buildings and structures. R501.1.1 General. Except as specified in this chapter, this code shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of this code. Unaltered portions of the existing building or building supply system shall not be required to comply with this code. R501.2 Compliance. Additions, alterations, repairs or changes of occupancy to, or relocation of, an existing building, building system or portion thereof shall comply with Section R502, R503, R504 or R505, respectively, in this code. Changes where unconditioned space is changed to conditioned space shall comply with Section R501.7. R501.3 Maintenance. Buildings and structures, and parts thereof, shall be maintained in a safe and sanitary condition. Devices and systems that are required by this code shall be maintained in conformance to the code edition under which installed. The owner or the owner’s authorized agent shall be responsible for the maintenance of buildings and structures. The requirements of this chapter shall not provide the basis for removal or abrogation of energy conservation, fire protection and safety systems and devices in existing structures. R501.4 Compliance. Alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy or relocation, respectively, in this code and the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, and NFPA 70. R501.5 New and replacement materials. Except as otherwise required or permitted by this code, materials permitted by the applicable code for new construction shall be used. Like materials shall be permitted for repairs, provided that hazards to life, health or property are not created. Hazardous materials shall not be used where the code for new construction would not allow their use in buildings of similar occupancy, purpose and location. R501.6 Historic buildings. Provisions of this code relating to the construction, repair, alteration, restoration and movement of structures, and change of occupancy shall not be mandatory for historic buildings provided that a report has been submitted to the code official and signed by the owner, a registered design professional, or a representative of the State Historic Preservation Office or the historic preservation authority having jurisdiction, demonstrating that compliance with that provision would threaten, degrade or destroy the historic form, fabric or function of the building. R501.7 Change in space conditioning. Any unconditioned or low-energy space that is altered to become conditioned space shall be required to be brought into full compliance with this code. Exception: Where the simulated performance option in Section R405 is used to comply with this section, the annual energy cost of the proposed design is permitted to be 110 percent of the annual energy cost otherwise allowed by Section R405.2. R501.8 Energy Assessment. When required by R502.3.6 or R503.1.6, existing buildings shall submit an Energy Assessment Report at permit submittal. The energy assessment recommendations and/or conclusions may inform but are not required to affect the scope of the work submitted for permit. Exception: For additions and alterations where the Energy Assessment Report indicates the air infiltration rate in a dwelling unit is less than 5 air changes per hour, ventilation shall be provided in accordance with Section R503.1.1.6.1. SECTION R502 ADDITIONS R502.1 General. Additions to an existing building, building system or portion thereof shall conform to the provisions of this code as those provisions relate to new construction . Additions shall not create an unsafe or hazardous condition or overload existing building systems. R502.3 Prescriptive compliance. Additions shall comply with Sections R502.3.1 through R502.3.6. R502.3.1 Building envelope. New building envelope assemblies that are part of the addition shall comply with Sections R402.1, R402.2, R402.3.1 through R402.3.5, and R402.4. Exception: New envelope assemblies are exempt from the air leakage requirements of Sections R402.4.1.3 and R402.4.1.4 but must comply with Section R503.1.1.6.1 Testing and Ventilation. R502.3.2 Heating and cooling systems. HVAC ducts newly installed as part of an addition shall comply with Section R403. Exception: Where ducts from an existing heating and cooling system are extended into an addition Section R403.3.5 and Section R403.3.6 shall not be required. R502.3.3 Service hot water systems. New service hot water systems that are part of the addition shall comply with Section R403.5. R502.3.4 Lighting and power. Additions shall comply with this section. New lighting and power systems that are part of the addition shall comply with Section R404. R502.3.4.1 Renewable energy infrastructure. Additions shall comply with the requirements of Section R404.5. Exception: Additions where the new roof area is less than less than 500 square feet of roof area oriented between 110 degrees and 270 degrees of true north. R502.3.4.2 Electric vehicle charging infrastructure. New parking facilities, new parking spaces added to existing parking facilities and new attached and detached garages shall comply with Section R404.6. R502.3.4.3 Energy storage infrastructure. Additions with new attached or detached garages shall comply with Section R404.7. R502.3.5 Energy Assessment. Additions shall comply with section R501.8. R502.3.6 Energy Reporting. Additions shall comply with section R409.1. SECTION R503 ALTERATIONS R503.1 General. Alterations to any building or structure shall comply with the requirements of the code for new construction, without requiring the unaltered portions of the existing building or building system to comply with this code. Alterations shall be such that the existing building or structure is not less conforming to the provisions of this code than the existing building or structure was prior to the alteration. Alterations shall not create an unsafe or hazardous condition or overload existing building systems. Alterations shall be such that the existing building or structure does not use more energy than the existing building or structure prior to the alteration. Alterations to existing buildings shall comply with Sections R503.1.1 through R503.1.6. Level 4 alterations apply where the work area exceeds 50 percent of the dwelling unit building area. R503.1.1 Building thermal envelope. Alterations of existing building thermal envelope assemblies shall comply with this section. New building thermal envelope assemblies that are part of the alteration shall comply with Section R402. An area-weighted average U-factor for new and altered portions of the building thermal envelope shall be permitted to satisfy the U-factor requirements in Table R402.1.2. In no case shall the R-value of insulation be reduced, or the U-factor of a building thermal envelope assembly be increased as part of a building thermal envelope alteration. Exception: The following alterations shall not be required to comply with the requirements for new construction provided that the energy use of the building is not increased: 1. Storm windows installed over existing fenestration. 2. Roof recover 3. Surface-applied window film installed on existing single pane fenestration assemblies to reduce solar heat gain provided that the code does not require the glazing or fenestration assembly to be replaced. 4. An existing building undergoing alterations that is demonstrated to be in compliance with Section R405 or Section R406 R503.1.1.1 Fenestration alterations. Where new fenestration area is added to an existing building, the new fenestration shall comply with Section R402.3. Where some or all of an existing fenestration unit is replaced with a new fenestration product, including sash and glazing, the replacement fenestration unit shall meet the applicable requirements for U-factor and SHGC as specified in Table R402.1.3. Where more than one replacement fenestration unit is to be installed, an area-weighted average of the U-factor, SHGC or both of all replacement fenestration units shall be an alternative that can be used to show compliance. Exception: Where the existing building exceeds the fenestration area limitations of Section R402.3.6 prior to alteration, the building is exempt from Section R402.3.6 provided that there is not an increase in fenestration area. R503.1.1.2 Roof alterations. Roof alterations shall comply with this section. R503.1.1.2.1 Roof insulation. Roof insulation complying with Section R402.1 or an approved design that minimizes deviation from the insulation requirements, shall be provided for the following roof alterations: 1. An alteration to roof-ceiling construction where there is no insulation above conditioned space, 2. Roof replacement for roofs with insulation above deck, 3. Conversion of unconditioned attic space into conditioned space, 4. Replacement of ceiling finishes exposing cavities or surfaces of the roof-ceiling construction to which insulation can be applied. Roofs not constructed to currently adopted snow loads shall provide a report by a registered design professional or other approved source documenting the structure is capable of supporting loads associated with any changes required by this section. Where compliance with Section R402.1 cannot be met due to limiting conditions on an existing roof, the following shall be permitted to demonstrate compliance with the insulation requirements: 1. Construction documents that include a report by a registered design professional or other approved source documenting details of the limiting conditions affecting compliance with the insulation requirements. 2. Construction documents that include a roof design by a registered design professional or other approved source that minimizes deviation from the insulation requirements. R503.1.1.2.2 Roof and gutter deicing controls. Roof recover and roof replacement alterations with existing or new roof and gutter deicing systems shall have controls installed complying with R403.10. 1. R503.1.3 Above-grade wall alterations. Above-grade wall alterations shall comply with the following requirements as applicable: Where wall cavities are exposed, the cavity shall be filled with cavity insulation complying with Section R303.1.4 and Section R303.2. New cavities created shall be insulated in accordance with Section R402.1 or an approved design that minimizes deviation from the insulation requirements. 2. Where wall cavities are exposed in Level 4 alterations, the cavity shall be insulated in accordance with Section R402.1 or an approved design that minimizes deviation from the insulation requirements. 3. Where exterior wall coverings and fenestration are added or replaced for the full extent of any exterior wall assembly on one or more elevations of the building, insulation shall be provided where required in accordance with one of the following: 1.1. An R-value of continuous insulation not less than that designated in Table R402.1.3 for the applicable above-grade wall type and existing cavity insulation R-value, if any; 3.2 An R-value of not less than that required to bring the above-grade wall into compliance with Table R402.1.3; or, 3.3 An approved design that minimizes deviation from the insulation requirements of Section R402.1. 4. Where Items 1 and 2 apply, insulation shall be provided in accordance with Section R402.1 using the values for new construction from Table R402.1.3 or an approved design that minimizes deviation from the insulation requirements. 5. Where new interior finishes or exterior wall coverings are applied to the full extent of any exterior wall assembly of mass construction, insulation shall be provided where required in accordance with Section R402.1 or an approved design that minimizes deviation from the insulation requirements. Where any of the above requirements are applicable, the above-grade wall alteration shall comply with Sections 1402.2 and 1404.3 of the International Building Code. R503.1.1.4 Floor alterations. Where an alteration to a floor or floor overhang exposes cavities or surfaces to which insulation can be applied, and the floor or floor overhang is part of the building thermal envelope, the floor or floor overhang shall be brought into compliance with Section R402.1 or an approved design that minimizes deviation from the insulation requirements. This requirement applies to floor alterations where the floor cavities or surfaces are exposed and accessible prior to construction. R503.1.1.5 Below-grade wall alterations. Where unconditioned below-grade space is changed to conditioned space, walls enclosing such conditioned space shall be insulated where required in accordance with Section R402.1. Where the below-grade space is conditioned space and where walls enclosing such space are altered by removing or adding interior finishes, they shall be insulated where required in accordance with Section R402.1. R503.1.1.6 Air barrier. Building thermal envelope assemblies altered in accordance with Section R503.1.1 shall be provided with an air barrier in accordance with Section R402.4.1.1. The air barrier shall be made continuous with unaltered portions of the building thermal envelope to the extent feasible within the scope of work. Level 4 alterations shall comply with Section R503.1.1.6.1. R503.1.1.6.1 Testing and ventilation. The dwelling unit shall be tested in accordance with Section R402.4.1.2. Where the air infiltration rate is less than 5 air changes per hour, the dwelling unit shall be provided with mechanical ventilation in accordance with Section 403.3.2 of the International Mechanical Code or with other approved means of ventilation and shall be tested in accordance with Section R403.6.3. Exception: An outdoor air ventilation system consisting of a mechanical exhaust system, supply system or combination thereof shall be permitted. Local exhaust or supply systems, including outdoor air ducts connected to the return side of an air handler, are permitted to serve as such a system. Ventilation rate shall be in accordance with Section 403.3.2 of the International Mechanical Code. System shall be tested in accordance with Section R403.6.3. R503.1.2 Heating and cooling systems. . New heating and cooling and duct systems that are part of the alteration shall comply with Section R403 and this section. Alterations to heating, cooling and duct systems shall comply with this section. Exception: Where ducts from an existing heating and cooling system are extended to an addition. R503.1.2.1 Controls New heating and cooling equipment that are part of the alteration shall comply with Section R403.1. R503.1.2.2 Mechanical system acceptance testing. Where an alteration requires compliance with Section R403 or any of its subsections, mechanical systems that serve the alteration shall comply with IECC- Commercial Provisions, Section C408.2. Exception: Heating and cooling equipment that serve multiple dwelling units when alterations are made to a single dwelling unit. R503.1.3 Service hot water systems. New service hot water systems that are part of the alteration shall comply with Section R403.5 and this section. R503.1.3.1 Service hot water system acceptance testing. Where an alteration requires compliance with Section R403.5 or any of its subsections, service hot water systems that serve the alteration shall comply with IECC – Commercial Provisions, SectionC408.2. Exception: Where alterations are made to a single dwelling unit where the service water heating equipment serves multiple dwelling units. R503.1.4 Lighting and Power. New lighting and power systems that are part of the alteration shall comply with Section R404.1 and this section. R503.1.4.1 Electrical Service replacement. Where a building electrical service is replaced, the new electrical service shall include electrical capacity sized in accordance with the NEC (NFPA 70) for the following future branch circuits: 1. Replacement of all currently installed combustion equipment used for cooking with electric cooking appliances in accordance with Section R404.4.1. 2. Replacement of all currently installed combustion equipment used for clothes drying with electric clothes dryers in accordance with Section R404.4.2. 3. Renewable energy infrastructure in accordance with Section R404.5. 4. Electric vehicle charging infrastructure in accordance with Section R404.6. 5. Energy storage infrastructure in accordance with Section R404.7. 6. Replacement of all currently installed combustion lighting with electric lighting. Exception: Where there is not adequate transformer capacity or other infeasibility exists and approved by the Code Official. R503.1.4.2 Electric vehicle charging infrastructure. Alterations shall be provided with electric vehicle charging infrastructure in accordance with this section. R503.1.4.2.1 One- and two-family dwellings and townhouses. An alteration of a one- and two-family dwelling or townhouse shall meet the requirements of Section R404.6 where alteration work in a garage or adjacent to an on-site parking space includes the installation of a new branch circuit. R503.1.4.2.2 R-2 occupancies. Alterations to existing parking facilities in R-2 occupancies shall comply IECC Commercial Provisions, Section C503.5.3. R503.1.5 Energy Assessment. Level 4 alterations shall comply with section R501.8. R503.1.6 Energy Reporting. Level 4 alterations shall comply with section R409.1. SECTION R504 REPAIRS R504.1 General. Buildings, structures and parts thereof shall be repaired in compliance with Section R501.3 and this section. Work on nondamaged components necessary for the required repair of damaged components shall be considered to be part of the repair and shall not be subject to the requirements for alterations in this chapter. Routine maintenance required by Section R501.3, ordinary repairs exempt from permit, and abatement of wear due to normal service conditions shall not be subject to the requirements for repairs in this section. R504.2 Application. For the purposes of this code, the following shall be considered to be repairs: 1. Glass-only replacements in an existing sash and frame. 2. Roof repairs. 3. Repairs where only the bulb, ballast or both within the existing luminaires in a space are replaced provided that the replacement does not increase the installed interior lighting power. SECTION R505 CHANGE OF OCCUPANCY OR USE R505.1 General. Any space that is converted to a dwelling unit or portion thereof from another use or occupancy shall comply with this code. Exception: Where the simulated performance option in Section R405 is used to comply with this section, the annual energy cost of the proposed design is permitted to be 110 percent of the annual energy cost allowed by Section R405.2. R505.1.1 Unconditioned space. Any unconditioned or low-energy space that is altered to become a conditioned space shall comply with Section R502. APPENDIX RD: Renewable Energy Mitigation Program (REMP) User note: About this appendix: Appendix RD is intended to reduce amenity energy use and offset it through the installation of on-site renewable energy systems. RD101 Scope. These provisions shall be applicable to specific exterior and interior energy uses and on-site energy production and energy efficient technologies used to offset those energy uses. Compliance with this section will be documented via the free Public Domain tool “City of Aspen REMP Calculation Sheet” in the most current version at the time of permit application. This tool is available at www.aspen.gov. Projected energy use associated energy offset required, requirements for those uses and offsets, fees, and credits are defined within this tool. RD102 Exterior Energy Uses. Residential and Commercial exterior energy uses (per list below) may be installed only if they meet the requirements of this appendix and the requirements in sections R403 and C403 as applicable. This applies to all installations for which an application for a permit or renewal of an existing permit is filed or is by law required to be filed with or without an associated Building Permit. 1. Snowmelt (ie: driveways, patios, walkways, etc.), including electric heat mats and hydronic roof and gutter deicing systems Exception: Areas critical for access and emergency egress as approved by the building official and including: a. A nine square foot portion of emergency escape and rescue window wells. b. Accessible routes as defined by IBC section 1104.1 and 1104.2 and limited to 48” in width. c. Sidewalks serving buildings or portions of buildings that are not residential buildings in the City Right of Way limited to 48” in width 2. Exterior pools 3. Exterior permanent and portable spas Exception: A maximum of (1) portable spa per property with a water surface area of not more than 64 square feet is exempt. 4. Electric heat tape including roof and gutter deicing systems and exterior piping. Exception: 1000 watts are exempt. 5. Exterior heaters 6. Exterior gas fireplaces and firepits RD102.1 Residential Exterior Energy Use Budget. The total aggregate annual energy use of all exterior energy uses listed in Section RD102 shall be limited to 200,000,000 btu per building site. This energy use may be distributed among the types of regulated energy uses at the discretion of the applicant. Exceptions: 1. Energy uses exempted by Section RD102 2. Energy uses serving buildings or portions of buildings that are not residential buildings. RD103 Interior Energy Uses. Residential and Commercial interior energy uses (per list below) may be installed only if the supplemental energy meets the requirements of this appendix and the requirements in sections R403 and C403 as applicable. This applies to all installations for which an application for a permit or renewal of an existing permit is filed or is by law required to be filed with or without an associated Building Permit. 1. Interior gas fireplaces RD106 REMP Payment Option. The RREMP payment option is the difference in energy use and on-site renewable credits calculated by the “City of Aspen REMP Calculation Sheet” and shall be paid at the time of issuance of the building permit. No refund of payment shall be made to an applicant for installation of renewable energy production that exceeds the on-site renewable credits required pursuant to Appendix A. All monies collected pursuant to this section shall be recorded in a separate fund by the City Finance Director and shall be spent in accordance with a joint resolution by the Aspen City Council and Pitkin County Board of County Commissioners. RD102 Credits for on-site renewable energy. This REMP payment option is voluntary. Applicants interested in exterior energy use systems can alternatively choose to produce on-site renewable energy or use energy efficient technologies to offset energy uses regulated by this appendix in accordance with Section RD105 and as calculated by the “City of Aspen REMP Calculation Sheet”. RD103 Pre-Existing Systems. Pre-existing systems, for which a prior REMP fee was paid, regulated by the scope of this section sought to be replaced by an Applicant, shall receive a pro-rated credit calculated as a fraction of the number of years since prior REMP payment for the system divided by 20 years. For example, a REMP payment made for a system permitted 10 years prior to the current replacement permit submittal would receive credit for ½ of the prior REMP payment and that amount shall be deducted from REMP payment owed for replacement system. For renewable systems installed on site, full credit will be given for up to 20 years after the date of installation. Credits will only be applied to properly permitted and functioning systems within the scope of the adopted Energy Code and applicable Mechanical and Electrical Codes. Systems installed prior to 20 years before the date of permit application are not eligible for pro-ration of system credits. Upgrades to existing mechanical equipment (boilers, heat pumps, HVAC equipment, etc.) or renewables energy systems will not require a re-submittal to the application program. However, additions to or replacement of exterior or interior energy uses (as listed above in Section RD102) will require re-submittal of the appropriate REMP compliance documents. Additions to or replacement of exterior energy uses will be subject to the exterior energy use budget (Section RD102.1) which will apply to all existing exterior energy uses in aggregate. Previously permitted existing exterior energy use systems exceeding the exterior energy use budget may remain in existence provided there is no alteration or addition to exterior energy use. RD104 Repairs. Repairs to building components, systems, or equipment which do not increase their pre-existing energy consumption need not comply with REMP. RD105 Onsite Renewable Credit Options On-site renewable energy and energy efficient technologies available for credit are listed in Sections RD105.1 through RD105.5 and shall comply with those sections as applicable. RD105.1 Solar Photovoltaic System. System designer/installer must be certified by COSEIA (Colorado Solar Energy Industries Association) or NABCEP, (North American Board of Certified Energy Practitioners), or a licensed Professional Engineer in the State of Colorado. RD105.2 Solar Hot Water. The size of solar hot water systems is limited to 500 square feet of collector area absent approval by the Building Official. Systems larger than this limit will be considered but will require documentation showing year-round utilization of this larger system. RD105.3 Ground Source Heat Pump (GSHP). Each ground source heat pump system shall be tested and balanced and commissioned in accordance with R407. The design engineer shall certify in writing that it meets or exceeds the design coefficient of performance (COP) as specified in the “City of Aspen REMP Calculation Sheet.” The ground loop system must be designed by a CGD (Certified GeoExchange Designer certified by the Association of Energy Engineers) or a Professional Engineer licensed in the State of Colorado or an IGSHPA (International Ground Source Heat Pump Association) certified designer. The mechanical system must be installed by a certified IGSHPA contractor. RD105.4 Air Source Heat Pump (ASHP). Each air source heat pump system shall be tested and balanced and commissioned in accordance with R407. The design engineer shall certify in writing that it meets or exceeds the design coefficient of performance (COP) as specified in the “City of Aspen REMP Calculation Sheet.” RD105.5 Alternative Energy Source. Approved alternative energy sources designed and installed in accordance with generally accepted engineering practice by an approved third party. RD106 Energy Consumption Reporting. Residential buildings shall comply with Section R409.1. All other buildings shall comply with Section C405.12.9. 2021 INTERNATIONAL ENERGY CONSERVATION CODE® CHAPTER 6 [RE] REFERENCED STANDARDS User note: About this chapter: This code contains numerous references to standards promulgated by other organizations that are used to provide requirements for materials and methods of construction. Chapter 6 contains a comprehensive list of all standards that are referenced in this code. These standards, in essence, are part of this code to the extent of the reference to the standard. This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgat- ing agency of the standard, the standard identification, the effective date and title, and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section R108. AAMA American Architectural Manufacturers Association 1827 Walden Office Square Suite 550 Schaumburg, IL 60173-4268 AAMA/WDMA/CSA 101/I.S.2/A C440—17: North American Fenestration Standard/Specifications for Windows, Doors and Unit Skylights R402.4.3 ACCA Air Conditioning Contractors of America 1330 Braddock Place, Suite 350 Alexandria, VA 22314 ANSI/ACCA 2 Manual J—16: Residential Load Calculation R403.7 ANSI/ACCA 3 Manual S—14: Residential Equipment Selection R403.7 APSP Pool & Tub Alliance (formerly the APSP) 2111 Eisenhower Avenue, Suite 500 Alexandria, VA 22314 ANSI/APSP/ICC 14—2019: American National Standard for Portable Electric Spa Energy Efficiency R403.11 ANSI/APSP/ICC 15a—2011: American National Standard for Residential Swimming Pool and Spas—Includes Addenda A Approved January 9, 2013 R403.12 ASHRAE ASHRAE 180 Technology Parkway NW Peachtree Corners, GA 30092 ASHRAE 193—2010(RA 2014): Method of Test for Determining the Airtightness of HVAC Equipment R403.3.4.1 ASHRAE—2001: 2001 ASHRAE Handbook of Fundamentals Table R405.5.2(1) ASHRAE—2021: ASHRAE Handbook of Fundamentals R402.1.5 R6-1 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® ASTM ASTM International 100 Barr Harbor Drive, P.O. Box C700 West Conshohocken, PA 19428-2959 C1363—11: Standard Test Method for Thermal Performance of Building Materials and Envelope Assemblies by Means of a Hot Box Apparatus R303.1.4.1 E283—2004(2012): Test Method for Determining the Rate of Air Leakage Through Exterior Windows, Curtain Walls and Doors Under Specified Pressure Differences Across the Specimen R402.4.4 E779—2010(2018): Standard Test Method for Determining Air Leakage Rate by Fan Pressurization R402.4.1.2 E1554/E1554M—E2013: Standard Test Methods for Determining Air Leakage of Air Distribution Systems by Fan Pressurization R403.3.5 E1827—: 2011(2017): Standard Test Methods for Determining Airtightness of Building Using an Orifice Blower Door R402.4.1.2 E2178—2013: Standard Test Method for Air Permanence of Building Materials R303.1.5 CSA CSA Group 8501 East Pleasant Valley Road Cleveland, OH 44131-5516 AAMA/WDMA/CSA 101/I.S.2/A440—17: North American Fenestration Standard/Specification for Windows, Doors and Unit Skylights R402.4.3 CSA B55.1—2015: Test Method for Measuring Efficiency and Pressure Loss of Drain Water Heat Recovery Units R403.5.3 CSA B55.2—2015: Drain Water Heat Recovery Units R403.5.3 DASMA Door & Access Systems Manufacturers Association 1300 Sumner Avenue Cleveland, OH 44115-2851 105—2017: Test Method for Thermal Transmittance and Air Infiltration of Garage Doors and Rolling Doors R303.1.3 HVI Home Ventilating Institute 1740 Dell Range Blvd, Ste H, PMB 450 Cheyenne, WY 82009 916—18: Airflow Test Procedure Table R403.6.2 ICC International Code Council, Inc. 500 New Jersey Avenue NW6th Floor Washington, DC 20001 ANSI/APSP/ICC 14—2019: American National Standard for Portable Electric Spa Energy Efficiency R403.11 ANSI/APSP/ICC 15a—2020: American National Standard for Residential Swimming Pool and Spa Energy Efficiency R403.12 ANSI/RESNET/ICC 301—2019: Standard for the Calculation and Labeling of the Energy Performance of Dwelling and Sleeping Units using an Energy Rating Index R406.4 R6-2 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® ICC—continued ANSI/RESNET/ICC 380—2019: Standard for Testing Airtightness of Building, Dwelling Unit and Sleeping Unit Enclosures; Airtightness of Heating and Cooling Air Distribution Systems, and Airflow of Mechanical Ventilation Systems R402.4.1.2 IBC—21: International Building Code® R201.3, R303.1.1, R303.2, R402.1.1, R501.4 ICC 400—17: Standard on the Design and Construction of Log Structures R402.1 ICC 500—2020: ICC/NSSA Standard for the Design and Construction of Storm Shelters R402.5 IEBC—21: International Existing Building Code® R501.4 IECC—06: 2006 International Energy Conservation Code® R202 IECC—09: 2009 International Energy Conservation Code® R406.2 IECC—15: 2015 International Energy Conservation Code® Table R406.5 IFC—21: International Fire Code® R201.3, R501.4 IFGC—21: International Fuel Gas Code® R201.3, R501.4 IMC—21: International Mechanical Code® R201.3, R403.3.3, R403.3.4, R403.6, R501.4 IPC—21: International Plumbing Code® R201.3, R501.4 IPMC—21: International Property Maintenance Code® R501.4 IPSDC—21: International Private Sewage Disposal Code® R501.4 IRC—21: International Residential Code® R201.3, R303.1.1, R303.2, R402.1.1, R402.2.10.1, R403.3.3, R403.3.4, R403.6, R501.4 IEEE Institute of Electrical and Electronics Engineers, Inc. 3 Park Avenue, 17th Floor New York, NY 10016-5997 515.1—2012: IEEE Standard for the Testing, Design, Installation and Maintenance of Electrical Resistance Trace Heating for Commercial Applications R403.5.1.2 NFPA National Fire Protection Association 1 Batterymarch Park Quincy, MA 02169-7471 70—20: National Electrical Code R501.4 R6-3 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® NFRC National Fenestration Rating Council, Inc. 6305 Ivy Lane, Suite 140 Greenbelt, MD 20770 100—2020: Procedure for Determining Fenestration Products U-factors R303.1.3 200—2020: Procedure for Determining Fenestration Product Solar Heat Gain Coefficients and Visible Transmittance at Normal Incidence R303.1.3 400—2020: Procedure for Determining Fenestration Product Air Leakage R402.4.3 RESNET Residential Energy Services Network, Inc. P.O. Box 4561 Oceanside, CA 92052-4561 ANSI/RESNET/ICC 301—2019: Standard for the Calculation and Labeling of the Energy Performance of Dwelling and Sleeping Units using an Energy Rating Index R406.4, R406.7.1, R406.7.6 ANSI/RESNET/ICC 380—2019: Standard for Testing Airtightness of Building, Dwelling Unit and Sleeping Unit Enclosures; Airtightness of Heating and Cooling Air Distribution Systems, and Airflow of Mechanical Ventilation Systems R402.4.1.2, R403.3.5 UL UL LLC 333 Pfingsten Road Northbrook, IL 60062 127—2011: Standard for Factory-Built Fireplaces—with Revisions through July 2016 R402.4.2 515—2015: Standard for Electrical Resistance Trace Heating for Commercial Applications R403.5.1.2 US-FTC United States-Federal Trade Commission 600 Pennsylvania Avenue NW Washington, DC 20580 CFR Title 16 (2015): R-value Rule R303.1.4 WDMA Window and Door Manufacturers Association 2025 M Street NW, Suite 800 Washington, DC 20036-3309 AAMA/WDMA/CSA 101/I.S.2/A440—17: North American Fenestration Standard/Specification for Windows, Doors and Unit Skylights R402.4.3 R6-4 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 APPENDIX RD: Renewable Energy Mitigation Program (REMP) User note: About this appendix: Appendix RD is intended to reduce amenity energy use and offset it through the installation of on-site renewable energy systems. RD101 Scope. These provisions shall be applicable to specific exterior and interior energy uses and on-site energy production and energy efficient technologies used to offset those energy uses. Compliance with this section will be documented via the free Public Domain tool “City of Aspen REMP Calculation Sheet” in the most current version at the time of permit application. This tool is available at www.aspen.gov. Projected energy use associated energy offset required, requirements for those uses and offsets, fees, and credits are defined within this tool. RD102 Exterior Energy Uses. Residential and Commercial exterior energy uses (per list below) may be installed only if they meet the requirements of this appendix and the requirements in sections R403 and C403 as applicable. This applies to all installations for which an application for a permit or renewal of an existing permit is filed or is by law required to be filed with or without an associated Building Permit. 1. Snowmelt (ie: driveways, patios, walkways, etc.), including electric heat mats and hydronic roof and gutter deicing systems Exception: Areas critical for access and emergency egress as approved by the building official and including: a. A nine square foot portion of emergency escape and rescue window wells. b. Accessible routes as defined by IBC section 1104.1 and 1104.2 and limited to 48” in width. c. Sidewalks serving buildings or portions of buildings that are not residential buildings in the City Right of Way limited to 48” in width 2. Exterior pools 3. Exterior permanent and portable spas Exception: A maximum of (1) portable spa per property with a water surface area of not more than 64 square feet is exempt. 4. Electric heat tape including roof and gutter deicing systems and exterior piping. Exception: 1000 watts are exempt. 5. Exterior heaters 6. Exterior gas fireplaces and firepits RD102.1 Residential Exterior Energy Use Budget. The total aggregate annual energy use of all exterior energy uses listed in Section RD102 shall be limited to 200,000,000 btu per building site. This energy use may be distributed among the types of regulated energy uses at the discretion of the applicant. Exceptions: 1. Energy uses exempted by Section RD102 2. Energy uses serving buildings or portions of buildings that are not residential buildings. RD103 Interior Energy Uses. Residential and Commercial interior energy uses (per list below) may be installed only if the supplemental energy meets the requirements of this appendix and the requirements in sections R403 and C403 as applicable. This applies to all installations for which an application for a permit or renewal of an existing permit is filed or is by law required to be filed with or without an associated Building Permit. 1. Interior gas fireplaces RD106 REMP Payment Option. The RREMP payment option is the difference in energy use and on-site renewable credits calculated by the “City of Aspen REMP Calculation Sheet” and shall be paid at the time of issuance of the building permit. No refund of payment shall be made to an applicant for installation of renewable energy production that exceeds the on-site renewable credits required pursuant to Appendix A. All monies collected pursuant to this section shall be recorded in a separate fund by the City Finance Director and shall be spent in accordance with a joint resolution by the Aspen City Council and Pitkin County Board of County Commissioners. RD102 Credits for on-site renewable energy. This REMP payment option is voluntary. Applicants interested in exterior energy use systems can alternatively choose to produce on-site renewable energy or use energy efficient technologies to offset energy uses regulated by this appendix in accordance with Section RD105 and as calculated by the “City of Aspen REMP Calculation Sheet”. RD103 Pre-Existing Systems. Pre-existing systems, for which a prior REMP fee was paid, regulated by the scope of this section sought to be replaced by an Applicant, shall receive a pro-rated credit calculated as a fraction of the number of years since prior REMP payment for the system divided by 20 years. For example, a REMP payment made for a system permitted 10 years prior to the current replacement permit submittal would receive credit for ½ of the prior REMP payment and that amount shall be deducted from REMP payment owed for replacement system. For renewable systems installed on site, full credit will be given for up to 20 years after the date of installation. Credits will only be applied to properly permitted and functioning systems within the scope of the adopted Energy Code and applicable Mechanical and Electrical Codes. Systems installed prior to 20 years before the date of permit application are not eligible for pro-ration of system credits. Upgrades to existing mechanical equipment (boilers, heat pumps, HVAC equipment, etc.) or renewables energy systems will not require a re-submittal to the application program. However, additions to or replacement of exterior or interior energy uses (as listed above in Section RD102) will require re-submittal of the appropriate REMP compliance documents. Additions to or replacement of exterior energy uses will be subject to the exterior energy use budget (Section RD102.1) which will apply to all existing exterior energy uses in aggregate. Previously permitted existing exterior energy use systems exceeding the exterior energy use budget may remain in existence provided there is no alteration or addition to exterior energy use. RD104 Repairs. Repairs to building components, systems, or equipment which do not increase their pre-existing energy consumption need not comply with REMP. RD105 Onsite Renewable Credit Options On-site renewable energy and energy efficient technologies available for credit are listed in Sections RD105.1 through RD105.5 and shall comply with those sections as applicable. RD105.1 Solar Photovoltaic System. System designer/installer must be certified by COSEIA (Colorado Solar Energy Industries Association) or NABCEP, (North American Board of Certified Energy Practitioners), or a licensed Professional Engineer in the State of Colorado. RD105.2 Solar Hot Water. The size of solar hot water systems is limited to 500 square feet of collector area absent approval by the Building Official. Systems larger than this limit will be considered but will require documentation showing year-round utilization of this larger system. RD105.3 Ground Source Heat Pump (GSHP). Each ground source heat pump system shall be tested and balanced and commissioned in accordance with R407. The design engineer shall certify in writing that it meets or exceeds the design coefficient of performance (COP) as specified in the “City of Aspen REMP Calculation Sheet.” The ground loop system must be designed by a CGD (Certified GeoExchange Designer certified by the Association of Energy Engineers) or a Professional Engineer licensed in the State of Colorado or an IGSHPA (International Ground Source Heat Pump Association) certified designer. The mechanical system must be installed by a certified IGSHPA contractor. RD105.4 Air Source Heat Pump (ASHP). Each air source heat pump system shall be tested and balanced and commissioned in accordance with R407. The design engineer shall certify in writing that it meets or exceeds the design coefficient of performance (COP) as specified in the “City of Aspen REMP Calculation Sheet.” RD105.5 Alternative Energy Source. Approved alternative energy sources designed and installed in accordance with generally accepted engineering practice by an approved third party. RD106 Energy Consumption Reporting. Residential buildings shall comply with Section R409.1. All other buildings shall comply with Section C405.12.9. 1 INTERNATIONAL RESIDENTIAL CODE Sec. 8.16.010. Deletion of the 2021 Edition of the International Residential Code. Pursuant to the powers and authority conferred by the laws of the State and the Charter of the City, The International Residential Code, 2021 Edition, will not be adopted. Chapter 8.20 INTERNATIONAL BUILDING CODE Editor's note—Ord. No. 55-1999, §2, repealed former Ch. 8.20, pertaining to the Building Code and enacted a new Ch. 8.20 as herein set out. Former Ch. 8.20 was derived from Code 1962 §§4-1-1—4-1-4, Code 1971 §§7-140—7-143 and Ord. Nos. 22-1960, 4-1965, 32-1967, 36-1968, 22-1969, 7- 1971, 9-1974, 15-1974, 70-1975, 13-1976, 21-1976, 27-1976, 45-1976, 63-1976, 12-1977, 12-1978, 1-1979, 52-1979, 17-1981, 33-1981, 1-1983, 9-1983, 20-1984, 62-1985, 7-1987, 32-1987, 10-1988, 59-1990, 79-1990, 44-1991, 53-1994, 68-1994, 53-1995, 54-1995, 3-1996, 12-1996, 43-1996 and 15-1997. Sec. 8.20.010. Adoption of the 2021 Edition of the International Building 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 Building Code, 2021 Edition, including Appendix C, E, and P and all errata 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 8.20.020 of this Chapter. At least one (1) copy of the International Building Code shall be available for inspection during regular business hours. Sec. 8.20.020. Amendments. The International Building Code, 2021 Edition, as adopted by the City at Section 8.20.010, is hereby amended to read as follows; a. Section 101.1 These provisions shall be known as the Building Code for the City of Aspen and will be referred to herein as this code. b. Section 101.2 Scope shall be modified by removing the exception in its entirety. c. Section 101.4 Referenced Codes. The other codes listed in Sections 101.4.1 through 101.4.11 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. d. Section 101.4.4 Property maintenance. All references to the International Property Maintenance code within this code shall be deleted without substitution. e. Section 101.4.5 Fire Prevention. Where not otherwise amended in Section 8.50 of the Aspen Municipal Code, the provisions of the Fire Code as adopted by the Aspen Fire Protection District shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression, automatic sprinkler systems and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. f. Section 101.4.8 Electrical. All references to the NFPA 70 (National Electrical Code) within the International Building Code shall refer to the National Electrical Code as adopted in Chapter 8.24 of this code.] 2 g. Section 101.4.9 Pools and Spas The provisions of the International Swimming Pool and Spa Code shall apply to the installation, repair, and alteration of swimming pools, hot tubs, and related accessories as referenced in this code. h. Section 101.4.10 Solar Energy The provisions of the International Solar Energy Provisions shall apply to the installation, repair, and alteration of photovoltaic and solar thermal systems. i. Section 101.4.11 International Residential Code. All references to the International Residential Code (IRC) within this code shall be deleted and the requirement of this code as it pertains to one- and two- family dwellings and townhouses shall apply. j. Section 103.1 Creation of enforcement agency. The Aspen Building Department is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code. k. [A] 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. l. Section 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Aspen Municipal Code are paid in full. m. Section 110.3.12 Final inspection. The final inspection shall be made after all work required by the Building Permit is completed and all applicable review agencies have accepted the work to comply with conditions of approval and any specific regulations. n. Section 113.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The building official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. The Building Code Board of Appeals shall possess that authority as provided in this Code, Chapter 8.08. o. Section 114.1 Unlawful acts. It shall be unlawful for any person, including an owner, occupant or builder, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done, contrary to or in violation of any of the provisions of this Code. It shall be unlawful to remove or deface a posted correction notice or stop work order] p. 114.2 Notice of violation. The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. q. Section 114.4 Violation Penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font color: Text 1 Formatted: Font: Times New Roman, 11 pt Formatted: Space Before: 0 pt, After: 9.35 pt Formatted: Font: 11 pt 3 or certificate issued under the provisions of this code, shall be subject to a misdemeanor charge, punishable upon conviction by a fine, imprisonment, or both a fine and imprisonment, as set forth in Section 1.04.080 of this Code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Code occurs or continues unabated after the time limit set for abatement of the violation. r. Section 202 Definitions. TYPE C UNIT. A dwelling unit or sleeping unit designed and constructed for accessibility in accordance with this code and the provisions for Type C units in ICC A117.1.1. s. 310.4 Residential group R-3. Shall be modified with the addition of Townhouses constructed in accordance with Section 705.12 t. 705.5 Fire-resistance ratings. Exception 1 is added as follows: Exception 1. Separation walls between dwelling units in townhouses shall be permitted to comply with Section 705.12 u. 705.12. Townhouse dwelling unit separation. Walls separating dwelling units in townhouse buildings shall be permitted to be constructed in accordance with Sections 705.12.1 or 705.12.2 and shall comply with Sections 705.12.3 and 705.12.4. Fire-resistance-rated wall assemblies shall be tested in accordance with ASTM E119, UL 263 or Section 703.2.2 of the International Building Code and rated for fire exposure from both sides. 705.12.1 Double walls. Each dwelling unit shall be separated from other dwelling units by two 1- hour fire- resistance-rated wall assemblies. Each wall shall be permitted to be constructed with plumbing or mechanical equipment, ducts or vents in the wall cavity. Penetrations of double walls shall be in accordance with Section 714. 705.12.2 Common walls. Each dwelling unit shall be separated from other dwelling units by one 1-hour fire- resistance-rated wall assembly. The common wall shared by two townhouse units shall be constructed without plumbing or mechanical equipment, ducts or vents, other than water- filled fire sprinkler piping in the cavity of the common wall. Penetrations of common walls shall not be permitted. Exceptions: 1. Membrane penetrations of common walls for electrical outlet boxes shall be in accordance with Section 714.4.2. 2. Penetrations of water filled sprinkler pipe shall be in accordance with Section 714. 705.12.3 Continuity. The fire-resistance-rated wall assembly shall be provided with a parapet constructed in accordance with Section 705.11 and 705.11.1 and shall be continuous from the foundation to the top of the parapet. The fire-resistance rating shall extend the full horizontal length of the wall or assembly, including wall extensions through and separating attached enclosed accessory structures. The wall shall terminate against the inside face of the exterior sheathing of exterior walls or to the inside face of exterior walls without stud cavities. Exception: Common walls are permitted to extend to and be tight against the inside of the exterior walls if the cavity between the end of the common wall and the exterior sheathing is filled with a minimum of two 2- inch nominal thickness wood studs. 705.12.4 Structural independence. Double walls in accordance with Section 705.12.1 shall be designed to allow collapse of the wall under fire conditions without the collapse of the second wall. Common walls in accordance with Section 705.12.2 shall be designed to allow collapse of the structure on either side of the wall without the collapse of the wall. 4 v. 706.1.1 Party walls is amended by adding Exception 3 as follows: Exception 3. Dwelling units in townhouse buildings shall be permitted to be separated in accordance with Section 705.12. w. Section 406.2.1.1 Automatic garage door opener battery backup. All automatic garage door openers installed in Group R occupancies shall have a battery backup function that is designed to operate when activated by an interruption of the electrical service to the opener. The battery backup function shall operate in a manner so that the automatic garage door opener is operational without interruption. x. Chapter 9. Chapter 9 provisions are replaced with Chapter 9 of the International Fire Code as adopted in accordance with Section 8.50 of the Aspen Municipal Code. y. 1010.1.4 Floor elevation. Exception 7 is added as follows: Exception 7. At exterior doors serving dwelling units in Group R-3 dwellings and townhouses that are not required exits, and where such units are not required to be Accessible units, Type A units, or Type B units, the exterior landing of stairways with 2 or less risers shall be not more than 15 ½ inches below the door threshold, provided the door does not swing over the landing. z. Section 1011.14 Alternating tread devices. Alternating tread devices are limited to an element of a means of egress in buildings of Groups F, H and S from a mezzanine not more than 250 square feet (23 m2) in area and that serves not more than five occupants; in buildings of Group I-3 from a guard tower, observation station or control room not more than 250 square feet (23 m2) in area; within individual dwelling units from a mezzanine having a floor area of 250 square feet (18.6 m2) or less and for access to unoccupied roofs. Alternating tread devices used as a means of egress shall not have a rise greater than 20 feet (6096 mm) between floor levels or landings. aa. Section 1011.15 Ships ladders. Ships ladders are permitted to be used in Group I-3 as a component of a means of egress to and from control rooms or elevated facility observation stations not more than 250 square feet with not more than three occupants; within individual dwelling units from a mezzanine having a floor area of 250 square feet or less and for access to unoccupied roofs. The minimum clear width at and below the handrails shall be 20 inches. Ship’s ladders shall be designed for the live loads indicated in Section 1607.17. bb. Section 1015.2 Where required. Guards shall be located along open-sided walking surfaces, including mezzanines, equipment platforms, aisles, stairs, ramps, landings and adjacent to hot tubs, spas, and pools that are located more than 30 inches (762 mm) measured vertically to the floor or grade below at any point within 36 inches (914 mm) horizontally to the edge of the open side. Guards shall be adequate in strength and attachment in accordance with Section 1607.9. cc. Section 1015.3 Height. Exception 9. At surfaces adjacent to hot tubs, spas, and pools, where the open side is less than 18 inches in width measured perpendicularly from the water’s edge, guards shall not be less than 18 inches high. dd. Section 1031.2.2 Where required in mezzanines. Mezzanines in Group R occupancies shall have an emergency escape and rescue opening. Exception: Emergency escape and rescue opening shall not be required where all the following conditions exist: 1. The floor area of the mezzanine is not greater than 250 square feet. 2. A smoke alarm in accordance with section 907.2.11 is installed in the mezzanine Formatted: Font: Bold Formatted: Font: Bold Formatted: Not Highlight 5 3. The mezzanine shall be open and unobstructed to the room in which such mezzanine is located except for walls not more than 42 inches (1067 mm) in height, columns and posts or where the aggregate floor area of the enclosed space is not greater than 40 square feet. 4. The travel distance from the most remote location of the mezzanine to the dwelling unit entry shall be less than 50 feet (15240 mm) ee. Section 1031.3.3 Location. Emergency escape and rescue openings shall not be located directly above an area well. ff. Section 1031.6 Bars, grilles, covers and screens. Bars, grilles, covers, screens and similar devices shall not be permitted over area wells serving emergency escape and rescue openings. gg. Section 1031.7 Emergency escape and rescue openings under decks, porches and cantilevers. Emergency escape and rescue openings installed under decks, porches and cantilevers shall be fully openable and provide a path not less than 7 feet (2134 mm) in height and 36 inches (914 mm) in width to a yard or court. hh. Section 1107.2 Electrical vehicle charging stations. Electrical vehicle charging stations shall comply with the International Energy Conservation Code. ii. Section 1107.2.1 and 1107.2.2 are deleted. jj. Section 1108.6.2.3 Group R-2 other than live/work units, apartment houses, monasteries and convents. In Group R-2 occupancies, other than live/work units, apartment houses, monasteries and convents falling within the scope of Sections 1108.6.2.1 and 1108.6.2.2, Accessible units and Type B units shall be provided in accordance with Sections 1108.6.2.3.1 and 1108.6.2.3.2. Type C units shall be provided in accordance with Section 1108.6.2.3.3. Bedrooms within congregate living facilities, dormitories, sororities, fraternities and boarding houses shall be counted as sleeping units for the purpose of determining the number of units. Where the bedrooms are grouped into dwelling or sleeping units, only one bedroom in each dwelling or sleeping unit shall be permitted to count toward the number of required Accessible units. kk. 1108.6.2.3.3 Type C units. Where there are four or more dwelling units or sleeping units intended to be occupied as a residence in a single structure, every dwelling unit and every sleeping unit intended to be occupied as a residence that is not a Type B unit shall be a Type C unit. Exceptions: 1. Dwelling units and sleeping units without habitable space on the ground floor. 2. The number of Type C units is permitted to be reduced in accordance with Section 1108.7.5. ll. 1108.7.5 Flood hazard areas. Is amended to include Type C units. Type A, Type B, and Type C units mm. Section 1109.2.3 Companion seats. At least one companion seat shall be provided for each wheelchair space required by Section 1109.2.2.1 through 1109.2.2.3 and for each wheelchair space required at bars. nn. Section 1110.2.2 Water Closets design for assisted toileting (and all subsections) Delete in its entirety oo. Section 1110.2.3 Standard roll-in-type shower compartment design for assisted bathing (and all subsections) Delete in its entirety. 6 pp. 1110.2.5 Lavatories. Where lavatories are provided, at least 5 percent, but not less than one, shall be accessible and located in the multicompartment toilet room outside of all toilet compartments. Where the total lavatories provided in a toilet room or bathing facility is six or more, at least one lavatory with enhanced reach ranges shall be provided. qq. 1110.2.5.1 Additional Lavatories. Where separate restroom facilities are not provided in accordance with Exception 6 of Section 2902.2 an accessible lavatory shall be located within each accessible water closet compartment. rr. 1110.9 Lifts. Platform (wheelchair) lifts are permitted to be a part of a required accessible route in new construction where indicated in Items 1 through 10. Platform (wheelchair) lifts shall be installed in accordance with ASME A18.1. Keyed platform controls are prohibited. [Items 1 through 10 remain unchanged] ss. 1110.12 Seating and standing spaces at dining surfaces and work surfaces. Where seating or standing space is provided at dining surfaces or work surfaces in accessible spaces, such seating and standing spaces, but not less than one, shall be accessible and shall comply with Sections 1110.12.1 through 1110.12.3. 1110.12.1 Dining Surfaces. At least 5 percent of the seating and standing space provided at fixed, built-in, and moveable dining surfaces shall be accessible. 1110.12.2 Work Surfaces. At least 5 percent of the seating and standing spaces at fixed or built-in work surfaces shall be accessible. Exception: Check-writing surfaces at check-out aisles not required to comply with Section 1110.14.1 are not required to be accessible. 1110.12.3 Dispersion. Accessible seating and standing spaces at dining and work surfaces shall be distributed throughout the space or facility containing such elements and shall be located on a level accessed by an accessible route. tt. Section 1203.2.2 Openings into attics. Exterior openings into the attic space of any building intended for human occupancy shall be protected to prevent the entry of birds, squirrels, rodents, snakes and other similar creatures. Attic ventilation openings, soffit vents and vents through roofs shall not exceed 144 square inches each. Such vents shall be covered with noncombustible corrosion-resistant mesh with openings not to exceed ¼ inch. uu. Section 1505.1 General. Roof assemblies shall be Class A rated. Class A roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire-retardant-treated wood roof coverings shall be tested in accordance with ASTM D 2898. All roofs shall have a roof assembly that complies with a Class A rating. For roof coverings where the profile allows a space between the roof covering and roof decking, the space at the eave ends shall be constructed to preclude entry of flames or embers, or have one layer of 72-pound (32.4 kg) mineral- surfaced, non-perforated cap sheet complying with ASTM D 3909 installed over the combustible decking. Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610. vv. Section 1507.1.2 Ice Barrier. In all locations below where ice barriers are required, an ice dam barrier that consists of at least two (2) layers of underlayment cemented together or of a self-adhering polymer modified bitumen sheet shall be used in lieu of normal underlayment and shall extend from the roof 7 eave edge at least six (6) feet inside the exterior wall line as measured along the roof surface, eighteen (18) inches from the centerline of the valley and up twenty-four (24) inches on the vertical wall at a roof and wall juncture. ww. Section 1513 Snow shed design. Roofs shall be designed so that they do not shed ice and snow onto adjacent properties; potentially occupied areas such as a walkway, stairway, alley, deck, pedestrian and vehicular exit from buildings; emergency escape and rescue opening area wells; areas where there is potential for personal injury or property damage; and areas directly above or in front of gas utility or electric utility meters. Exception: Mechanical barriers installed to roof framing members or solid blocking secured to framing in accordance to manufacturers' instructions. Barriers shall be installed within the first 3 feet (944 mm) of the roof eave and spaced per the design of the system. xx. Section 1601.2 Design criteria. Buildings shall be designed and constructed in accordance with the design criteria provided in Table 1601.2 8 Table 1601.2 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA is replaced as follows: TABLE 1601.2 CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA GROUND SNOW LOADo WIND DESIGN SEISMIC DESIGN CATEGOR Yf SUBJECT TO DAMAGE FROM ICE BARRIER UNDERLAY MENT REQUIREDh FLOOD HAZARDS g AIR FREEZ- ING INDEXi MEAN ANNUAL TEMPj Speed d (mph) special wind regionl windborne debris zonem Weather inga Frost line depthb Ter- mitec 100 89/B - - - C Severe 36” Non e to sligh t Yes See Sec 1612.3 2000 40°F MANUAL J DESIGN CRITERIA 2 Elevation Altitude correction factore Coincident wet bulb Indoor winter design relative humidity Indoor winter design dry- bulb temperature Outdoor winter design dry-bulb temperature Heating temperature difference 7820’ .745 54 30% 70°F -15°F 85°F Latitude Daily Range Indoor summer design relative humidity Summer design gains Indoor summer design dry-bulb temperature Outdoor summer design dry-bulb temperature Cooling temperature difference 39.64°N H 50% -33 to - 53 75°F 82°F 7° For SI: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s. a. Where weathering requires a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code, the frost line depth strength required for weathering shall govern. The weathering column shall be filled in with weathering index, “negligible”, “moderate” or “severe” for concrete. The grade of masonry units shall be determined from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM C145, ASTM C216 or ASTM C652. b. The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed. Wind exposure category shall be determined on a site- specific basis. e. The jurisdiction shall fill in this section of the table to establish the design criteria using Table 10A from ACCA Manual J or established criteria determined by the jurisdiction. f. The jurisdiction shall fill in this part of the table with the seismic design category. g. The jurisdiction shall fill in this table with: the date of the jurisdictions' entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas); and the title and date of the currently effective Flood Insurance Study or other flood hazard study. h. Where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.” i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) or from the 100- year (99 percent) value on the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).” j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).” k. Where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall indicate “NO” in this part of the table. 9 l. Where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table. m. The jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table. n. The jurisdiction shall fill in these sections of the table to establish the design criteria using Table 1a or 1b from ACCA Manual J or established criteria determined by the jurisdiction. o. The jurisdiction shall fill in this section of the table using the Ground Snow Loads. yy. Section 1612.3. Establishment of flood hazard areas. To establish flood hazard areas, the applicable governing authority shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for City of Aspen," dated June 4, 1987, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section. zz. Section 2111.1 General. The construction of masonry fireplaces, consisting of concrete or masonry, shall be in accordance with this section, and Section 13.08.070 of the Aspen Municipal Code aaa. Section 2308.1 General. The requirements of this section are intended for conventional light-frame construction. Other construction methods are permitted to be used, provided that a satisfactory design is submitted showing compliance with other provisions of this code. Interior nonload-bearing partitions, ceilings and curtain walls of conventional light-frame construction are not subject to the limitations of Section 2308.2. bbb. Section 2407.1 Materials is amended by deleting the exception. ccc. Section 2407.1.2 Guards with structural glass balusters is deleted. ddd. Section 2902.1.1 Fixture calculations. To determine the occupant load of each sex, the total occupant load shall be divided in half. To determine the required number of fixtures, the fixture ratio or ratios for each fixture type shall be applied to the occupant load of each sex in accordance with Table 2902.1. Fractional numbers resulting from applying the fixture ratios of Table 2902.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies, such fractional numbers for each occupancy shall first be summed and then rounded up to the next whole number. Exceptions: 1. The total occupant load shall not be required to be divided in half where approved statistical data indicate a distribution of the sexes of other than 50 percent of each sex. 2. Where multiple-user facilities are designed for use by all genders, the minimum fixture count shall be calculated 100 percent, based on total occupant load. In such multiple-user facilities, each fixture type shall be in accordance with ICC A117.1 and each urinal that is provided shall be located in a stall. eee. Section 2902.1.2 Single-user toilet and bathing room fixtures. The plumbing fixtures located in single-user toilet and bathing rooms, including family or assisted-use toilet and bathing rooms, shall contribute toward the total number of required plumbing fixtures for a building or tenant space, and shall be deducted proportionately from the required gender ratios of Table 2902.1. Single-user toilet and bathing rooms, and family or assisted-use toilet rooms and bathing rooms shall be identified as being available for use by all persons regardless of sex. The total number of fixtures shall be permitted to be 10 based on the required number of separate facilities or based on the aggregate of any combination of single-user or multiple-user facilities. fff. Section 2902.2 Separate Facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex. Exceptions: 1. Separate facilities shall not be required for dwelling units and sleeping units. 2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 25 or fewer. 3. Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer. 4. Separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer. 5. Separate facilities shall not be required to be designated by sex where single-user toilet rooms are provided in accordance with Section 2902.1.2. 6. Separate facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by all genders and privacy is provided for water closets in accordance with Section 2902.1.4 and for urinals in accordance with Section 2902.1.5.1 ggg. Section 2902.3.6 Door locking. Where a toilet room is provided for the use of multiple occupants, the egress door for the room shall not be lockable from the inside of the room. This section shall not apply to family or assisted-use toilet rooms. hhh. 2902.3.7 Doors prohibited. Where a multiple-user facility or toilet room is designed for use by all genders, the room serving the single-user toilet compartments shall not be provided a door at the egress opening from the room. iii. 2903.1.4 Water closet compartment. Each water closet utilized by the public or employees shall occupy a separate compartment with walls or partitions and a door enclosing the fixtures to ensure privacy. Partitions for water closets located in multiple-user facilities designed for use by all genders shall have fully enclosed floor to ceiling height compartments with full height lockable doors that have hardware to indicate if it is occupied or not. Compartments shall be provided with a local exhaust in accordance with Table 403.3.1.1 of the International Mechanical Code. [Exceptions remain] jjj. Section 2902.1.5.1 Urinal compartment. Partitions for urinal compartments located in multiple-user facilities designed for use by all genders shall have fully enclosed floor to ceiling height compartments with full height lockable doors that have hardware to indicate if it is occupied or not. kkk. Section 3001.6 Permits required. Elevator permits and inspections are required through the Northwest Colorado Council of Governments (NWCCOG). As required by the division of Oil and Public Safety (OPS), the following codes and standards shall apply to all conveyance equipment and conveyance equipment installations. ASME A17.1 - 2013 – Safety code for Elevators and Escalators ASME A18.1 - 2011 – Safety Standard for Platform Lifts and Stairway Chair Lifts 11 lll. 3103.1.1 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of this code as necessary to ensure public health, safety and general welfare. Temporary structures erected for a period of more than 14 days and less than 180 days shall also comply with all the following: a. Controls in accordance with Section C403.13 of the International Energy Conservation Code- Commercial Provisions b. Appendix RD: REMP of the International Energy Conservation Code- Residential Provisions c. 100% high efficacy lighting mmm. Chapter 34: Resiliency is added as follows: CHAPTER 34 RESILIENCY SECTION 3401 GENERAL 3401.1 Scope. The provisions of this chapter shall govern the features, equipment, materials and assemblies of new buildings and structures, additions, and exterior alterations. 3401.2 Purpose. The purpose of this Chapter is to establish minimum regulations consistent with nationally recognized good practice for safeguarding of life and for property protection. Regulations in this code are intended to mitigate the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to mitigate structure fires from spreading to wildland fuels. The unrestricted use of property in wildland-urban interface areas is a potential threat to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire protection facilities to control the spread of fire in wildland-urban interface areas shall be in accordance with this code. 3401.3 Definitions. The following words and terms shall, for the purpose of this chapter, have the meanings shown in this section: NONCOMBUSTIBLE. As applied to building construction material means a material that, in the form in which it is used, is either one of the following: 1. Material of which no part will ignite and burn when subjected to fire. Any material conforming to ASTM E 136 shall be considered noncombustible within the meaning of this section. 2. Material having a structural base of noncombustible material as defined in Item 1 above, with a surfacing material not over 1/8 inch (3.2 mm) thick, which has a flame spread index of 50 or less. Flame spread index as used herein refers to a flame spread index obtained according to tests conducted as specified in ASTM E84 or UL 723. “Noncombustible” does not apply to surface finish materials. Material required to be noncombustible for reduced clearances to flues, heating appliances or other sources of high temperature shall refer to material Formatted: Font: Times New Roman 12 conforming to Item 1. No material shall be classified as noncombustible that is subject to increase in combustibility or flame spread index, beyond the limits herein established, through the effects of age, moisture or other atmospheric condition. NONCOMBUSTIBLE ROOF COVERING. A roof covering consisting of any of the following: 1. Cement shingles or sheets. 2. Exposed concrete slab roof. 3. Ferrous or copper shingles or sheets. 4. Slate shingles. 5. Clay or concrete roofing tile. 6. Approved roof covering of noncombustible material. ROOF ASSEMBLY. A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck. A roof assembly can include an underlayment, thermal barrier, ignition barrier, insulation or a vapor retarder. ROOF COVERING. The covering applied to the roof deck for weather resistance, fire classification or appearance. ROOF DECK. The flat or sloped surface not including its supporting members or vertical supports. SECTION 3402 IGNITION-RESISTANT CONSTRUCTION AND MATERIAL 3402.1 General. Buildings shall be of Class 2 ignition-resistant construction in accordance with Sections 3401.2 through 3401.11. 3402.2 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. 3401.2.1 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. 13 3402.3 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. 3402.4 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. 3402.5 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 building materials in accordance with Section 3402.12 on the exterior side. Such material shall extend from the top of the foundation to the underside of the roof sheathing. 3402.6 Underfloor enclosure. Buildings or structures shall have underfloor areas enclosed to the ground, with exterior walls in accordance with Section 3402.5. 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. 3402.7 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 3402.12. Exception: Coated materials shall not be used as the walking surface of decks. 3402.8 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. 3402.9 Exterior doors. Exterior doors shall be approved noncombustible 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 3402.8. Exception: Vehicle access doors. 3402.10 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. 14 3402.10.1 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 grade as practical. Exception: Existing buildings 3402.11 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. 3402.11.1 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 3402.5 or underfloor protection in accordance with Section 3402.6. 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. 3402.12 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 10 1/2 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. 15 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. nnn. Appendix P: Radon control methods, is added as follows: APPENDIX P RADON CONTROL METHODS _________________________________________________________________________________________ __ User note: About this appendix: Appendix P contains provisions that are intended to mitigate the transfer of radon gases from the soil into dwelling units. Radon is a radioactive gas that has been identified as a cancer-causing agent. Radon comes from the natural breakdown of uranium in soil, rock and water. _________________________________________________________________________________________ _ SECTION AF101 SCOPE AF101.1 General. This appendix contains requirements for new residential construction in the City of Aspen, and shall apply to all one- and two-family dwellings, townhouses and duplexes, as well as all R-2 and R-3 dwellings. SECTION AF102 DEFINITIONS AF102.1 General. For the purpose of these requirements, the terms used shall be defined as follows: DRAIN TILE LOOP. A continuous length of drain tile or perforated pipe extending around all or part of the internal or external perimeter of a basement or crawl space footing. RADON GAS. A naturally occurring, chemically inert, radioactive gas that is not detectable by human senses. As a gas, it can move readily through particles of soil and rock, and can accumulate under the slabs and foundations of homes where it can easily enter into the living space through construction cracks and openings. 16 SOIL-GAS-RETARDER. A continuous membrane of 6-mil (0.15 mm) polyethylene or other equivalent material used to retard the flow of soil gases into a building. SUBMEMBRANE DEPRESSURIZATION SYSTEM. A system designed to achieve lower submembrane air pressure relative to crawl space air pressure by use of a vent drawing air from beneath the soil-gas-retarder membrane. SUBSLAB DEPRESSURIZATION SYSTEM (Active). A system designed to achieve lower subslab air pressure relative to indoor air pressure by use of a fan-powered vent drawing air from beneath the slab. SUBSLAB DEPRESSURIZATION SYSTEM (Passive). A system designed to achieve lower subslab air pressure relative to indoor air pressure by use of a vent pipe routed through the conditioned space of a building and connecting the subslab area with outdoor air, thereby relying on the convective flow of air upward in the vent to draw air from beneath the slab. SECTION AF103 REQUIREMENTS AF103.1 General. The following construction techniques are intended to resist radon entry and prepare the building for post-construction radon mitigation, if necessary (see Figure AF103.1). These techniques are required in areas where designated by the jurisdiction. AF103.2 Subfloor preparation. A layer of gas-permeable material shall be placed under all concrete slabs and other floor systems that directly contact the ground and are within the walls of the living spaces of the building, to facilitate future installation of a subslab depressurization system, if needed. The gas-permeable layer shall consist of one of the following: 1. A uniform layer of clean aggregate, not less than 4 inches (102 mm) thick. The aggregate shall consist of material that will pass through a 2-inch (51 mm) sieve and be retained by a 1/4-inch (6.4 mm) sieve. 2. A uniform layer of sand (native or fill), not less than 4 inches (102 mm) thick, overlain by a layer or strips of geotextile drainage matting designed to allow the lateral flow of soil gases. 3. Other materials, systems or floor designs with demonstrated capability to permit depressurization across the entire subfloor area. AF103.3 Soil-gas-retarder. A minimum 6-mil (0.15 mm) [or 3-mil (0.075 mm) cross-laminated] polyethylene or equivalent flexible sheeting material shall be placed on top of the gas-permeable layer prior to casting the slab or placing the floor assembly to serve as a soil-gas-retarder by bridging any cracks that develop in the slab or floor assembly, and to prevent concrete from entering the void spaces in the aggregate base material. The sheeting shall cover the entire floor area with separate sections of sheeting lapped not less than 12 inches (305 mm). The sheeting shall fit closely around any pipe, wire or other penetrations of the material. Punctures or tears in the material shall be sealed or covered with additional sheeting. 17 AF103.4 Entry routes. Potential radon entry routes shall be closed in accordance with Sections AF103.4.1 through AF103.4.10. AF103.4.1 Floor openings. Openings around bathtubs, showers, water closets, pipes, wires or other objects that penetrate concrete slabs, or other floor assemblies, shall be filled with a polyurethane caulk or equivalent sealant applied in accordance with the manufacturer’s recommendations. AF103.4.2 Concrete joints. Control joints, isolation joints, construction joints, and any other joints in concrete slabs or between slabs and foundation walls shall be sealed with a caulk or sealant. Gaps and joints shall be cleared of loose material and filled with polyurethane caulk or other elastomeric sealant applied in accordance with the manufacturer’s recommendations. 18 AF103.4.3 Condensate drains. Condensate drains shall be trapped or routed through nonperforated pipe to daylight. AF103.4.4 Sumps. Sump pits open to soil or serving as the termination point for subslab or exterior drain tile loops shall be covered with a gasketed or otherwise sealed lid. Sumps used as the suction point in a subslab depressurization system shall have a lid designed to accommodate the vent pipe. Sumps used as a floor drain shall have a lid equipped with a trapped inlet. AF103.4.5 Foundation walls. Hollow block masonry foundation walls shall be constructed with either a continuous course of solid masonry, one course of masonry grouted solid, or a solid concrete beam at or above finished ground surface to prevent the passage of air from the interior of the wall into the living space. Where a brick veneer or other masonry ledge is installed, the course immediately below that ledge shall be sealed. Joints, cracks or other openings around all penetrations of both exterior and interior surfaces of masonry block or wood foundation walls below the ground surface shall be filled with polyurethane caulk or equivalent sealant. Penetrations of concrete walls shall be filled. AF103.4.6 Dampproofing. The exterior surfaces of portions of concrete and masonry block walls below the ground surface shall be dampproofed in accordance with Section 1805 AF103.4.7 Air-handling units. Air-handling units in crawl spaces shall be sealed to prevent air from being drawn into the unit. Exception: Units with gasketed seams or units that are otherwise sealed by the manufacturer to prevent leakage. AF103.4.8 Ducts. Ductwork passing through or beneath a slab shall be of seamless material unless the air- handling system is designed to maintain continuous positive pressure within such ducting. Joints in such ductwork shall be sealed to prevent air leakage. Ductwork located in crawl spaces shall have seams and joints sealed by closure systems in accordance with Section 603.9 of the International Mechanical Code. AF103.4.9 Crawl space floors. Openings around all penetrations through floors above crawl spaces shall be caulked or otherwise filled to prevent air leakage. AF103.4.10 Crawl space access. Access doors and other openings or penetrations between basements and adjoining crawl spaces shall be closed, gasketed or otherwise filled to prevent air leakage. AF103.5 Passive submembrane depressurization system. In buildings with crawl space foundations, the following components of a passive submembrane depressurization system shall be installed during construction. Exception: Buildings in which an approved mechanical crawl space ventilation system or other equivalent system is installed. AF103.5.1 Ventilation. Crawl spaces shall be provided with vents to the exterior of the building. The minimum net area of ventilation openings shall comply with Section 1202.4. AF103.5.2 Soil-gas-retarder. The soil in crawl spaces shall be covered with a continuous layer of minimum 6-mil (0.15 mm) polyethylene soil-gas-retarder. The ground cover shall be lapped not less than 12 inches (305 mm) at joints and shall extend to all foundation walls enclosing the crawl space area. AF103.5.3 Vent pipe. A plumbing tee or other approved connection shall be inserted horizontally beneath the sheeting and connected to a 3- or 4-inch-diameter (76 or 102 mm) fitting with a vertical vent pipe installed through the sheeting. The vent pipe shall be extended up through the building floors and terminate not less than 12 inches (305 mm) above the roof in a location not less than 10 feet (3048 mm) away from Formatted: Not Highlight Formatted: Not Highlight Formatted: Font: Italic, Not Highlight Formatted: Not Highlight 19 any window or other opening into the conditioned spaces of the building that is less than 2 feet (610 mm) below the exhaust point, and 10 feet (3048 mm) from any window or other opening in adjoining or adjacent buildings. AF103.6 Passive subslab depressurization system. In basement or slab-on-grade buildings, the following components of a passive subslab depressurization system shall be installed during construction. AF103.6.1 Vent pipe. A minimum 3-inch-diameter (76 mm) ABS, PVC or equivalent gastight pipe shall be embedded vertically into the subslab aggregate or other permeable material before the slab is cast. A “T” fitting or equivalent method shall be used to ensure that the pipe opening remains within the subslab permeable material. Alternatively, the 3-inch (76 mm) pipe shall be inserted directly into an interior perimeter drain tile loop or through a sealed sump cover where the sump is exposed to the subslab aggregate or connected to it through a drainage system. The pipe shall be extended up through the building floors and terminate not less than 12 inches (305 mm) above the surface of the roof in a location not less than 10 feet (3048 mm) away from any window or other opening into the conditioned spaces of the building that is less than 2 feet (610 mm) below the exhaust point, and 10 feet (3048 mm) from any window or other opening in adjoining or adjacent buildings. AF103.6.2 Multiple vent pipes. In buildings where interior footings or other barriers separate the subslab aggregate or other gas-permeable material, each area shall be fitted with an individual vent pipe. Vent pipes shall connect to a single vent that terminates above the roof or each individual vent pipe shall terminate separately above the roof. AF103.7 Vent pipe drainage. Components of the radon vent pipe system shall be installed to provide positive drainage to the ground beneath the slab or soil-gas-retarder. AF103.8 Vent pipe accessibility. Radon vent pipes shall be accessible for future fan installation through an attic or other area outside the habitable space. Exception: The radon vent pipe need not be accessible in an attic space where an approved roof-top electrical supply is provided for future use. AF103.9 Vent pipe identification. Exposed and visible interior radon vent pipes shall be identified with not less than one label on each floor and in accessible attics. The label shall read: “Radon Reduction System.” AF103.10 Combination foundations. Combination basement/crawl space or slab-on-grade/crawl space foundations shall have separate radon vent pipes installed in each type of foundation area. Each radon vent pipe shall terminate above the roof or shall be connected to a single vent that terminates above the roof. AF103.11 Building depressurization. Joints in air ducts and plenums in unconditioned spaces shall meet the requirements of Section M1601. Thermal envelope air infiltration requirements shall comply with the International Energy Conservation Code. Fireblocking shall meet the requirements in Section 718 AF103.12 Power source. To provide for future installation of an active submembrane or subslab depressurization system, an electrical circuit terminated in an approved box shall be installed during construction in the attic or other anticipated location of vent pipe fans. An electrical supply shall be accessible in anticipated locations of system failure alarms. SECTION AF104 TESTING AF104.1 Testing. Where radon-resistant construction is required, radon testing shall be as specified in Items 1 through 11: 20 1. Testing shall be performed after the dwelling passes its air tightness test. 2. Testing shall be performed after the radon control system and HVAC installations are complete. The HVAC system shall be operating during the test. Where the radon system has an installed fan, the dwelling shall be tested with the radon fan operating. 3. Testing shall be performed at the lowest occupied floor level, whether or not that space is finished. Spaces that are physically separated and served by different HVAC systems shall be tested separately. 4. Testing shall not be performed in a closet, hallway, stairway, laundry room, furnace room, bathroom or kitchen. 5. Testing shall be performed with a commercially available radon test kit or testing shall be performed by an approved third party with a continuous radon monitor. Testing with test kits shall include two tests, and the test results shall be averaged. Testing shall be in accordance with this section and the testing laboratory kit manufacturer’s instructions. 6. Testing shall be performed with the windows closed. Testing shall be performed with the exterior doors closed, except when being used for entrance or exit. Windows and doors shall be closed for not fewer than 12 hours prior to the testing. 7. Testing shall be performed by the builder, a registered design professional or an approved third party. 8. Testing shall be conducted over a period of not less than 48 hours or not less than the period specified by the testing device manufacturer, whichever is longer. 9. Written radon test results shall be provided by the test lab or testing party. The final written test report with results of less than 4 picocuries per liter (pCi/L) shall be provided to the code official. 10. Where the radon test result is 4 pCi/L or greater, the fan for the radon vent pipe shall be installed as specified in Sections AF103.9 and AF103.12. 11. Where the radon test result is 4 pCi/L or greater, the system shall be modified and retested until the test result is less than 4 pCi/L. Exception: Testing is not required where the occupied space is located above an unenclosed open space. (Ord. No. 55-1999, §2 [part]; Ord. No. 47-2002, §12; Ord. No. 10-2003, §1, Ord. No. 59-2003, §1; Ord. No. 7, 2007, §1; Ord. No. 11-2009 §3; Ord. No. 31-2011§5; Ord. No. 35-2013§2) 21 Chapter 8.32 INTERNATIONAL EXISTING BUILDING CODE Editor's note—Ord. 5-1999, § 4, repealed former Ch. 8.32, pertaining to the Housing Code and enacted a new Ch. 8.32 as herein set out. Former Ch. 8.32 was derived from Code 1962 §§ 4-8-1, Code 1971 §§ 7-196—7-198 and Ord. Nos. 5-1965, 3-1971, 52-1974 and 12-1996. Sec. 8.32.010. Adoption of the International Existing Building Code, 2021 Edition. 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 Existing Building 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 8.32.020 of this Chapter. At least one (1) copy of the International Existing Building Code shall be available for inspection during regular business hours. (Ord. No. 59-2003, § 6) Sec. 8.32.020. Amendments. The International Existing Building Code, 2021 Edition, as adopted by the City at Section 8.32.010, is hereby amended to provide and read as follows: a. Section 101.1 Title. These regulations shall be known as the Existing Building Code of the City of Aspen, hereinafter referred to as “this code.” b. Section 101.2 Scope is amended by deleting the exception. c. Section 101.2.2 International Residential Code. All references to the International Residential Code (IRC) within this code shall be deleted and the requirement of this code as it pertains to one- and two- family dwellings and townhouses shall apply. d. Section 101.4.2 is amended by deleting the reference to the International Property Maintenance Code e. Section 103.1 Creation of agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. f. Section 108.1 Payment of fees. is hereby amended to read as follows: A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Aspen Municipal Code are paid in full. g. Section 108.6 Refunds. The building official shall authorize the refunding of fees as follows. a. The full amount of any fee paid hereunder which was erroneously paid or collected. b. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. c. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The building official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 22 h. Section 112.1 General. Appeals of orders, decisions or determinations made by the building official shall be in accordance with Section 8.08 of the Aspen Municipal Code. i. Section 113.1 Unlawful acts. It shall be unlawful for any person, including an owner, occupant or builder, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done, contrary to or in violation of any of the provisions of this Code. j. Section 113.4 Violation penalties. A violation of any of the provisions of the International Existing Building Code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and improvement, as set forth in Section 1.04.080 of the Aspen Municipal Code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Code occurs or continues unabated after the time limit set for abatement of the violation. k. Section 116.4 Failure to comply. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than double the permit fees for each violation. l. Section 302.2 Additional codes is amended by deleting the reference to the International Property Maintenance Code and the International Private Sewage Disposal Code m. Section 505.2 Window openings control devices on replacement windows is amended by deleting Item 3.2 n. Section 702.4 Window opening control devices on replacement windows. Is amended by deleting Item 3.2 o. Section 708.1 Minimum requirements. Level 1 alterations to existing buildings shall comply with chapter 5 of the International Energy Conservation Code. p. 801.4 Compliance, Exception 7 is added as follows: Exception 7. Habitable spaces created in existing basements of R-3 occupancies shall have a ceiling height of not less than 6 feet, 8 inches (2032) except that the ceiling height at obstructions shall be not less than 6 feet 4 inches (1930 mm) from the basement floor. Existing ceiling heights in nonhabitable spaces in basements shall not be reduced. q. 804.10.1 Minimum requirement. Every required exit stairway that is part of the means of egress for any work area and that has three or more risers and is not provided with not fewer than one handrail, or in which the existing handrails are judged to be in danger of collapsing, shall be provided with handrails for the full length of the stairway on not fewer than one side. Exit stairways with a required egress width of more than 66 inches (1676 mm) shall have handrails on both sides. Exception. R-3 occupancies shall comply with Section 804.10.1 on flights of stairs with four or more risers. r. 804.11 Stairs. Stairs in Group R-3 occupancies shall be permitted to comply with Sections 804.11.1 through 804.11.3. 23 804.11.1 Stair width. Existing basement stairs and handrails not otherwise being altered or modified shall be permitted to maintain their current clear width at, above and below existing handrails. 804.11.2 Stair headroom. Headroom height on existing basement stairs being altered or modified shall not be reduced below the existing stairway finished headroom. Existing basement stairs not otherwise being altered shall be permitted to maintain the current finished headroom. 804.11.3 Stair landing. Landings serving existing basement stairs being altered or modified shall not be reduced below the existing stairway landing depth and width. Existing basement stairs not otherwise being altered shall be permitted to maintain the current landing depth and width. s. Section 809.1 Minimum requirements. Level 2 alterations to existing buildings shall comply with Chapter 5 of the International Energy Conservation Code. t. Section 904.1.4 Groups A, B, E, F-1, H, I-1, I-3, I-4, M, R-1, R-2, R-3, R-4, S-1 and S-2. In buildings with occupancies in Groups A, B, E, F-1, H, I-1, I-3, I-4, M, R-1, R-2, R-3, R-4, S-1 and S-2 work areas shall be provided with automatic sprinkler protection in accordance with the International Building Code as applicable to new construction. u. Section 907.1 Minimum requirements. Level 3 alterations to existing buildings shall comply with Chapter 5 of the International Energy Conservation Code. v. Section 1011.2.1 Fire sprinkler system, Exceptions 1, 2 and 3 are deleted. w. Section 1104.1 Minimum requirements. Additions to existing buildings shall comply with Chapter 5 of the International Energy Conservation Code. x. Section 1301.3.2 Compliance with other codes is amended by deleting the reference to the International Property Maintenance Code. y. Section 1401.2 Conformance is amended by deleting the reference to the International Property Maintenance Code. (Ord. No. 59-2003, § 6) Chapter 8.28 INTERNATIONAL FUEL GAS CODE1 1 Editor's note—Ord. No. 7-1971, adopted March 8, 1971, repealed former Art. VII, §§ 7-179—7-182, pertaining to the Gas Fitting Code. Said former Art. VII has been reserved to maintain Code format and for future legislation. Sec. 8.28.010. Adoption of the 2021 Edition of the International Fuel Gas 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 Colorado Fuel Gas Code (as required by C.R.S. Title 12 Article 155 and the Colorado State Plumbing Board) and the International Fuel Gas Code, 2021 Edition, and all errata as published by the International Code Council, 24 4051 West Flossmoor Road, Country Club Hills, Illinois, 60478-5795, except as otherwise provided by amendment or deletion as contained in Section 8.36.020 of this Chapter. At least one (1) copy of the International Fuel Gas Code shall be available for inspection during regular business hours. Sec. 8.28.020. Amendments The International Fuel Gas Code, 2021 Edition, as adopted by the City of Aspen at Section 8.20.010 is hereby amended to read as follows: a. Section 101.1 Title. These regulations shall be known as the Fuel Gas Code of City of Aspen, hereinafter referred to as this code. b. Section 101.2 Scope is amended by deleting the exception. c. Section 103.1 Creation of agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. d. Section 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Aspen Municipal Code are paid in full. e. Section 109.6 Refunds. The building official shall authorize the refunding of fees as follows. 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 80 percent of the permit fee is paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The building official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. f. 102.5 Application of residential code. All references to the International Residential Code (IRC) within this code shall be deleted and the requirement of this code as it pertains to one- and two-family dwellings and townhouses shall apply g. Section 113.1 General. Appeals of orders, decisions or determinations made by the building official shall be in accordance with Section 8.08 of the Aspen Municipal Code. h. Section 115.1 Unlawful acts. It shall be unlawful for any person, including an owner, occupant or builder, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done, contrary to or in violation of any of the provisions of this Code. i. Section 115.4 Violation penalties. A violation of any of the provisions of the International Fuel Gas Code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and improvement, as set forth in Section 1.04.080 of the Aspen Municipal Code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Code occurs or continues unabated after the time limit set for abatement of the violation. 25 j. Section 116.4 Failure to comply. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than double the permit fees for each violation. k. Section 301.2.1 Appliance Controls. Fuel burning appliances used for purposes other than space conditioning, water heating, snowmelt, pool and spa heaters, and the main cooking sources 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. l. Table 503.8: Table 503.8 row A is replaced as follows: A Clearance above finished grade level, veranda, porch, deck, or balcony 36 inches (All other values within the table are unchanged.)” m. Section 501.8 Appliances not required to be vented is amended by deleting items 8 and 10. n. Section 603.1 General. Log lighters are prohibited o. Section 604.3 Direct vent. Vented gas fireplaces shall be direct-vent, sealed-combustion, category III or IV appliances. p. Section 605.2 Direct vent. Vented gas fireplace heaters shall be direct-vent, sealed-combustion, category III or IV appliances. q. Section 621.1 General. Unvented room heaters are prohibited. (Ord. No. 59-2003 § 5; Ord. No. 31-2011§7) Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman 26 Chapter 8.36 INTERNATIONAL PLUMBING CODE Editor's note—Ord. No. 55-1999, § 5, repealed former Ch. 8.36, pertaining to the Plumbing Code and enacted a new Ch. 8.36 as herein set out. Former Ch. 8.36 was derived from Code 1962 §§ 4-3-1—4-3-5, Code 1971 §§ 7-213—7-218 and Ord. Nos. 1969-1, 9-1988, 58-1990, 53-1994, 53-1995, 12-1996 and 43-1996. Sec. 8.36.010. Adoption of the International Plumbing Code, 2021 Edition. 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 Colorado Plumbing Code (as required by C.R.S. Title 12 Article 155 and the Colorado State Plumbing Board) and the International Plumbing 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 8.36.020 of this Chapter. At least one (1) copy of the International Plumbing Code shall be available for inspection during regular business hours. Sec. 8.36.020. Amendments. The International Plumbing Code, 2021 Edition, as adopted by the City at Section 8.36.010 above, is hereby amended to provide and read as follows: a. All references to the International Residential Code (IRC) within this code shall be deleted and the requirement of this code as it pertains to one- and two-family dwellings and townhouses shall apply b. Section 101.1 Title. These regulations shall be known as the International Plumbing Code of City of Aspen hereinafter referred to as "this code." c. Section 101.2 Scope is amended by deleting the exception. d. Section 102.8 Referenced codes and standards is amended by adding the exception as follows: Exception. All references to the International Residential Code (IRC) within this code shall be deleted and the requirement of this code as it pertains to one- and two-family dwellings and townhouses shall apply. e. Section 103.1 Creation of agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of this code. f. Section 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Aspen Municipal Code are paid in full. g. Section 109.5 Refunds. The building official shall authorize the refunding of fees as follows: a. The full amount of any fee paid hereunder that was erroneously paid or collected. b. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. c. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The building official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. 27 h. Section 113.4 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 a fine of not less than double the permit fee for each violation. i. Section 114.1 General. Appeals or orders, decisions or determinations made by the building official shall be in accordance with Chapter 8.08 of the Aspen Municipal Code. j. Section 115.1 Unlawful acts. It shall be unlawful for any person, including an owner, occupant or builder, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done, contrary to or in violation of any of the provisions of this Code. k. Section 115.4 Violation penalties. A violation of any of the provisions of the International Plumbing Code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and improvement, as set forth in Section 1.04.080 of the Aspen Municipal Code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Code occurs or continues unabated after the time limit set for abatement of the violation. l. Section 305.4.1 Sewer Depth. Building sewers that connect to private sewage disposal systems shall be a minimum of 48 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 48 inches below grade. m. Section 403.1.1 Fixture calculations. To determine the occupant load of each sex, the total occupant load shall be divided in half. To determine the required number of fixtures, the fixture ratio or ratios for each fixture type shall be applied to the occupant load of each sex in accordance with Table 403.1. Fractional numbers resulting from applying the fixture ratios of Table 403.1 shall be rounded up to the next whole number. For calculations involving multiple occupancies, such fractional numbers for each occupancy shall first be summed and then rounded up to the next whole number. Exceptions: 1. The total occupant load shall not be required to be divided in half where approved statistical data indicate a distribution of the sexes of other than 50 percent of each sex. 2. Where multiple-user facilities are designed for use by all genders, the minimum fixture count shall be calculated 100 percent, based on total occupant load. In such multiple-user facilities, each fixture type shall be in accordance with ICC A117.1 and each urinal that is provided shall be located in a stall n. Section 403.1.2 Single-user toilet and bathing room fixtures. The plumbing fixtures located in single- user toilet and bathing rooms, including family or assisted-use toilet and bathing rooms, shall contribute toward the total number of required plumbing fixtures for a building or tenant space, and shall be deducted proportionately from the required gender ratios of Table 403.1. Single-user toilet and bathing rooms, and family or assisted-use toilet rooms and bathing rooms shall be identified as being available for use by all persons regardless of sex. The total number of fixtures shall be permitted to be based on the required number of separate facilities or based on the aggregate of any combination of single-user or multiple-user facilities. o. Section 403.2 Separate Facilities. Where plumbing fixtures are required, separate facilities shall be provided for each sex. Exceptions: Formatted: Font: Bold Formatted: Font: Not Bold Formatted: Font: Bold 28 1. Separate facilities shall not be required for dwelling units and sleeping units. 2. Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers, of 25 or fewer. 3. Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or fewer. 4. Separate facilities shall not be required in business occupancies in which the maximum occupant load is 25 or fewer. 5. Separate facilities shall not be required to be designated by sex where single-user toilet rooms are provided in accordance with Section 403.1.2. 6. Separate facilities shall not be required where rooms having both water closets and lavatory fixtures are designed for use by all genders and privacy is provided for water closets in accordance with Section 405.3.4 and for urinals in accordance with Section 405.3.5.1. p. Section 403.3.6 Door locking. Where a toilet room is provided for the use of multiple occupants, the egress door for the room shall not be lockable from the inside of the room. This section does not apply to family or assisted-use toilet rooms. q. Section 403.3.7 Doors prohibited. Where a multiple-user facility or toilet room is designed for use by all genders, the room serving the single-user toilet compartments shall not be provided a door at the egress opening from the room. r. 405.3.4 Water closet compartment. Each water closet utilized by the public or employees shall occupy a separate compartment with walls or partitions and a door enclosing the fixtures to ensure privacy. Partitions for water closets located in multiple-user facilities designed for use by all genders shall have fully enclosed floor to ceiling height compartments with full height lockable doors that have hardware to indicate if it is occupied or not. Compartments shall be provided with a local exhaust in accordance with Table 403.3.1.1 of the International Mechanical Code. [Exceptions remain] s. Section 405.3.5.1 Urinal compartment. Partitions for urinal compartments located in multiple-user facilities designed for use by all genders shall have fully enclosed floor to ceiling height compartments with full height lockable doors that have hardware to indicate if it is occupied or not. t. Section 424.2 Substitution for water closets. In each bathroom or toilet room, urinals shall not be substituted for more than 67 percent of the required water closets for males according to Table 403.1 in assembly and educational occupancies. Urinals shall not be substituted for more than 50 percent of the required water closets for males according to Table 403.1 in all other occupancies. u. Section 606.1 Location of Full-open valves is amended by replacing item 2 and deleting item 2.1 as follows: 2. On the water distribution supply pipe at the entrance into the structure and at the entrance to each dwelling unit and tenant space. v. Section 702.3.1 Vitrified clay pipe. Vitrified clay pipe shall not be permitted as a building sewer pipe. w. Section 903.1.1 Roof extension unprotected. Open vent pipes that extend through a roof shall be terminated not less than 12 inches above the roof. Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Indent: Left: 0.63" Formatted: Font: Not Bold Formatted: Font: Bold 29 x. Section 1101.2 Disposal. Rainwater from roofs and storm water from paved areas, yards, courts and courtyards shall drain to an approved place of disposal and shall not discharge over a walking surface. For one- and two-family dwellings, and where approved, storm water is permitted to discharge onto flat areas, such as streets or lawns, provided that the storm water flows away from the building. y. Section 1108.2 Separate systems required. Secondary roof drain systems shall have the end point of discharge separate from the primary system. Discharge shall be above grade, in a location that would normally be observed by the building occupants or maintenance personnel. Discharge shall not be located over an egress path. (Ord. No. 55-1999, § 5(part); Ord. No. 47-2002 § 13, 2002; Ord. No. 59-2003, § 7; Ord. No. 31-2011§8) Formatted: Font: Times New Roman, 11 pt 30 Chapter 8.44 INTERNATIONAL MECHANICAL CODE Editor's note—Ord. No. 55-1999, § 6, repealed former Ch. 8.44, pertaining to the Mechanical Code and enacted a new Ch. 8.44 as herein set out. Former Ch. 8.44 was derived from Code 1971 §§ 7-245—7-247 and Ord. Nos. 32-1981, 57-1990, 53-1994, 53-1995, 12-1996 and 43-1996. Sec. 8.44.010. Adoption of the 2021 Edition of the International Mechanical 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 Mechanical 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 8.44.020 of this Chapter. At least one (1) copy of the International Mechanical Code shall be available for inspection during regular business hours. Sec. 8.44.020. Amendments. The International Mechanical Code, 2021 Edition, as adopted by the City at Section 8.44.010, is hereby amended to provide and read as follows: a. All references to the International Residential Code (IRC) within this code shall be deleted and the requirement of this code as it pertains to one- and two-family dwellings and townhouses shall apply b. Section 101.1 Title. These regulations shall be known as the Mechanical Code of the City of Aspen, hereinafter referred to as "this code." c. Section 101.2 Scope is amended by deleting the exception d. Section 103.1 Creation of agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code. e. Section 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Aspen Municipal Code are paid in full. f. Section 109.6 Refunds. The building official shall authorize the refunding of fees as follows. 1. The full amount of any fee paid hereunder which was erroneously paid or collected. 2. Not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. Not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. 4. The building official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. g. Section 113.4 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 a fine of not less than double the permit fee for each violation g.h. Section 114.1 General. Appeals of orders, decisions or determinations made by the building official shall be in accordance with Chapter 8.08 of the Aspen Municipal Code. Formatted: Font: (Default) Times New Roman Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold, Font color: Auto 31 h.i. Section 114.2 Limitations on authority is deleted. i.j. Section 114.3 Qualifications is deleted. j.k. Section 114.4 Administration is deleted. k.l. Section 115.1 Unlawful acts. It shall be unlawful for any person, including an owner, occupant or builder, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done, contrary to or in violation of any of the provisions of this Code. l. Section 115.4 Violation penalties. m. A violation of any of the provisions of the International Mechanical Code shall constitute a misdemeanor, punishable upon conviction by a fine, imprisonment, or both a fine and improvement, as set forth in Section 1.04.080 of the Aspen Municipal Code. A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Code occurs or continues unabated after the time limit set for abatement of the violation. n. Section 202 Definitions is amended by replacing the following definitions: LOWER FLAMMABLE LIMIT (REFRIGERANT) (LFL). The minimum concentration of refrigerant that is at which a flame is capable of propagating a flame through a homogeneous mixture of refrigerant and air under specific test conditions in accordance with ASHRAE 34. REFRIGERANT. The fluid used for heat transfer in a refrigeration system that undergoes a change of state to absorb heat. REFRIGERATION SYSTEM. A combination of interconnected parts in which a refrigerant is enclosed and is circulated for the purpose of extracting then rejecting heat. o. Section 202 Definitions is amended by adding the following definitions: STEAM BATH EQUIPMENT. Includes steam bath generators, combination room and steam generator systems, and steam bath cabinets intended for high-humidity concentrated heating at elevated temperatures for personal bathing. p. Section 306.5 Equipment and appliances on roofs or elevated structures is amended by replacing item 1 as follows: 1. The side railing shall extend above the parapet or roof edge not less than 42 inches (1067 mm). q. Section 401.2 Ventilation required. Every occupied space shall be ventilated by natural means in accordance with Section 402 or by mechanical means in accordance with Section 403. Dwelling units shall be ventilated by mechanical means in accordance with Section 403. Ambulatory care facilities and Group I-2 occupancies shall be ventilated by mechanical means in accordance with Section 407. r. Section 401.4 is amended by adding item 5 as follow: 5. The bottom of intake openings shall be located not less than 36 inches (914 mm) above finished grade or finished surface. s. Section 403.1 Ventilation system. Mechanical ventilation shall be provided by a method of supply air and return or exhaust air. The amount of supply air shall be approximately equal to the amount of return and exhaust air. The system shall not be prohibited from producing negative or positive Formatted: Right: 0" Formatted: Font: 11 pt Formatted: Font: Bold Formatted: Font: Bold 32 pressure. The system to convey ventilation air shall be designed and installed in accordance with Chapter 6. t. Section 403.3.2.1 Outdoor air for dwelling units. Balanced ventilation systems shall be installed to provide outdoor air for each dwelling unit. A ducted system shall supply air directly to each bedroom and to one or more of the following rooms: 1. Living room 2. Dining room 3. Kitchen The outdoor air balanced ventilation system shall be designed to provide the required rate of outdoor air continuously during the period that the building is occupied. The minimum continuous outdoor airflow rate shall be determined in accordance with Equation 4-9. Qr = ((0.01 x Afloor) + [7.5 x (Nbr + 1)]) x Sc Equation 4-9 Where: Qr = ventilation flow rate, cubic feet per minute (cfm) Afloor = Conditioned floor area in square feet (ft2) Nbr = number of bedrooms, not less than one Sc = 0.70 (system coefficient for balanced systems) a. Section 501.6 Common ducts. The discharge from exhaust fans serving separate dwelling or sleeping units shall not be connected to a common duct or shaft, except where the common duct or shaft is maintained at a negative pressure. a.b. Section 505.1 General. Domestic cooking exhaust equipment shall comply with the requirements of this section and the Manufacturer’s venting recommendations of the cooking appliance it serves. b.c. Section 701.3 Combustion air ducts. Combustion air ducts shall terminate to the outside a minimum of 36 inches (914 mm) above finished grade. c.d. Section 804.3.4 Horizontal terminations is amended by replacing item 6 as follows: z. 6. The bottom of the vent termination shall be located not less than 36 inches (914 mm) above finished grade. d.e. Section 901.5 Fireplaces allowed. The number of fireplaces allowed shall be determined by Section 13.08.070 of the Aspen Municipal Code. e.f. Section 903.3 Unvented gas log heaters. Gas log heaters are prohibited. f.g. Section 917.2.1 Exhaust required. Combustion equipment for domestic cooking appliances in dwelling units shall be provided an exhaust system in accordance with Section 505 and sized to provide a minimum of 150 CFM of intermittent exhaust. Exception. An exhaust system shall not be required for existing cooking appliances. a. SECTION 931 STEAM BATH EQUIPMENT is added as follows: Formatted: Font: Bold Formatted: Highlight Formatted: Font: Bold Formatted: Indent: Left: 0.5", No bullets or numbering 33 931.1 General. Steam bath equipment shall be listed and labeled in accordance with UL 499 and shall be installed in accordance with their listing and the manufacturer’s instructions. b. Section 1203.16 Stainless steel pipe. Joints between stainless steel pipe or fittings shall be mechanical joints that are made with an approved elastomeric seal, or shall be threaded or welded joints conforming to Section 1203.3.6 c. Section 1203.17 Stainless steel tubing. Joints between stainless steel tubing or fittings shall be mechanical or welded joints conforming to Section 1203.3.6 (Ord. No. 55-1999, § 6 [part]; Ord. No. 47-2002, § 14; Ord. No. 59-2003, § 8; Ord. No. 31-2011§9) Chapter 8.50 INTERNATIONAL FIRE CODE Sec. 8.50.010. As adopted by the Aspen Fire Protection District Resolution No. 6-1 Series of 2016 2022- 09-01 Series of 2022, including amendments as provided in Section 8.50.020 Sec. 8.50.020. Amendments. The International Fire Code, 2021 Edition, as adopted by the Aspen Fire Protection District in Section 8.50.010 above, is hereby amended to provide and read as follows: Section 101.2.2 International Residential Code is added as follows: 101.2.2 International Residential Code. All references to the International Residential Code (IRC) within this code shall be deleted and the requirement of this code as it pertains to one- and two-family dwellings and townhouses shall apply Section 903.2 Where required is amended by adding the following paragraph and Exception 2. Any structures 3,000 square feet or greater as defined by fire area, or R occupancy structures with four (4) or more dwelling units and two (2) or more stories in height, or in a all Group R occupancies, and any location that is difficult to access, as determined by the fire code official, shall be equipped with an approved automatic sprinkler system including the installation of a fire department connection. A minimum of a three-sprinkler head hydraulic calculation shall be submitted for approval by the fire code official, and the official may require a larger number of sprinkler heads depending upon the structural design submitted. Fire separations shall not constitute separate buildings for this purpose, including all R- 3 occupancies. Section 915 Carbon Monoxide Detection. This section is deleted in its entirety and is replaced with Section 8.15 of the Aspen Code. Section 1207.11.3. Location, Item 4 is replaced as follows: 4. Enclosed utility closets, basements, storage or utility spaces within dwelling unit with finished or noncombustible walls and ceilings. Wall and ceilings of unfinished wood- framed construction shall be provided with not less than 5/8-inch (15.9 mm) Type X gypsum wallboard. 34 Add: ESS shall not be installed in sleeping rooms, or closets or spaces opening directly into sleeping rooms. Section 1207.11.11 Documentation and labeling. The following information shall be provided: 1. A copy of the manufacturer’s installation, operation, and decommissioning instructions shall be provided to the owner or placed in a conspicuous location near the ESS equipment. 2. A label on the installed system containing the contact information for the qualified maintenance and service providers. CHAPTER 1 [RE] SCOPE AND ADMINISTRATION User note: About this chapter: Chapter 1 establishes the limits of applicability of this code and describes how the code is to be applied and enforced. Chapter 1 is in two parts: Part 1—Scope and Application (Sections R101–R102) and Part 2—Administration and Enforcement (Sections R103–R110). Section R101 identifies which buildings and structures come under its purview and references other I-Codes as applicable. Standards and codes are scoped to the extent referenced (see Section R108.1). This code is intended to be adopted as a legally enforceable document, and it cannot be effective without adequate provisions for its administration and enforcement. The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having jurisdiction and also establish the rights and privileges of the design professional, contractor and property owner. PART 1—SCOPE AND APPLICATION SECTION R101 SCOPE AND GENERAL REQUIREMENTS R101.1 Title. This code shall be known as the Energy Conservation Code of the City of Aspen, Colorado and shall be cited as such. It is referred to herein as “this code.” R101.2 Scope. This code applies to residential buildings, building sites and associated systems and equipment. R101.3 Intent. This code shall regulate the design, and construction, repair, alteration, change of occupancy, and additions of new and existing buildings for the effective use and conservation reduction of greenhouse gas emissions and for the efficient production, use and storage of energy over the useful life of each building. This code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this objective. This code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances. R101.4 Applicability. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. R101.4.1 Mixed residential and commercial buildings. Where a building includes both residential building and commercial building portions, each portion shall be separately considered and meet the applicable provisions of the IECC—Commercial Provisions or IECC—Residential Provisions. R101.5 Compliance. Residential buildings shall meet the provisions of IECC—Residential Provisions. Commercial buildings shall meet the provisions of IECC—Commercial Provisions. R101.5.1 Compliance materials. The code official shall be permitted to approve specific computer software, worksheets, compliance manuals and other similar mate- rials that meet the intent of this code. SECTION R102 ALTERNATIVE MATERIALS, DESIGN AND METHODS OF CONSTRUCTION AND EQUIPMENT R102.1 General. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. The code official shall have the authority to approve an alternative material, design or method of construction upon the written application of the owner or the owner’s authorized agent. The code official shall first find that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code for strength, effectiveness, fire resistance, durability, energy conservation and safety. The code official shall respond to the applicant, in writing, stating the reasons why the alternative was approved or was not approved. R102.1.1 Above code programs. The code official or other authority having jurisdiction shall be permitted to deem a national, state or local energy-efficiency program to exceed the energy efficiency required by this code. Buildings approved in writing by such an energy-efficiency program shall be considered to be in compliance with this code where such buildings also meet the requirements identified in Table R405.2 and the proposed total building thermal envelope UA, which is the sum of U-factor times assembly area, shall be less is greater than or equal to the building thermal envelope UA using the prescriptive U-factors from Table R402.1.2 multiplied by 1.23. levels of efficiency and solar heat gain coefficients (SHGC) in Tables 402.1.1 and 402.1.3 of the 2009 International Energy Conservation Code. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION R103 CONSTRUCTION DOCUMENTS R103.1 General. Construction documents, technical reports and other supporting data shall be submitted in one or more sets, or in a digital format where allowed by the code official, with each application for a permit. The construction documents and technical reports shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the code official is authorized to require necessary construction documents to be prepared by a registered design professional. Exception: The code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confirm compliance with this code. R103.2 Information on construction documents. Construction documents shall be drawn to scale on suitable material. Electronic media documents are permitted to be submitted where approved by the code official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in sufficient detail pertinent data and features of the building, systems and equipment as herein governed. Details shall include the following as applicable: 1. Energy compliance path. 2. Insulation materials and their R-values. 3. Fenestration U-factors and solar heat gain coefficients (SHGC). 4. Area-weighted U-factor and solar heat gain coefficients (SHGC) calculations. 5. Ratio of vertical fenestration area to above grade wall area enclosing conditioned space and ratio of skylight area to gross roof area over conditioned space. 6. Mechanical system design criteria. 7. Mechanical and service water-heating systems and equipment types, sizes and efficiencies. 8. Equipment and system controls. 9. Duct sealing, duct and pipe insulation and location. 10. Air sealing details. 11. Thermal bridges as identified in Section R402.2.13. 12. Location of pathways for routing of raceways or cable from the solar ready zone to the electrical distribution equipment. 13. Location reserved for inverters, metering equipment, ESS, and a pathway reserved for routing of raceways or conduit from the renewable energy system to the point of interconnection with the electrical service and the ESS. 14. Location and layout of a designated area for ESS. 15. Rated energy capacity and rated power capacity of the installed or planned ESS. 16. Location of and electrical system sizing for designated EVSE spaces, EV Ready spaces, and/or EV Capable parking spaces. R103.2.1 Building thermal envelope depiction. The building thermal envelope shall be represented on the construction documents. R103.2.2 Solar-ready system. The construction documents shall provide details for dedicated roof area, structural design for roof dead and live load, and routing of conduit or pre-wiring from solar-ready zone to electrical service panel. R103.2.3 ESS-ready system. The construction documents shall indicate dedicated future ESS area and routing of conduit or pre-wiring from dedicated ESS area to electrical service panel. R103.2.4 EV infrastructure. The construction documents shall indicate dedicated EV ready or EV capable parking space and routing of conduit or pre-wiring from parking space to electrical service panel. R103.2.5 Electric-ready system. The construction documents shall indicate requirement for pre-wiring from cooking appliances and clothes dryers to electrical service panel. R103.3 Examination of documents. The code official shall examine or cause to be examined the accompanying construction documents and shall ascertain whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. The code official is authorized to utilize a registered design professional, or other approved entity not affiliated with the building design or construction, in conducting the review of the plans and specifications for compliance with the code. R103.3.1 Approval of construction documents. When the code official issues a permit where construction documents are required, the construction documents shall be endorsed in writing and stamped “Reviewed for Code Compliance.” Such approved construction documents shall not be changed, modified or altered without authorization from the code official. Work shall be done in accordance with the approved construction documents. One set of construction documents so reviewed shall be retained by the code official. The other set shall be returned to the applicant, kept at the site of work and shall be open to inspection by the code official or a duly authorized representative. R103.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. R103.3.3 Phased approval. The code official shall have the authority to issue a permit for the construction of part of an energy conservation system before the construction documents for the entire system have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holders of such permit shall proceed at their own risk without assurance that the permit for the entire energy conservation system will be granted. R103.4 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. R103.5 Retention of construction documents. One set of approved construction documents shall be retained by the code official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. SECTION R104 FEES R104.1 Fees. A permit shall not be issued until the fees prescribed in Section R104.2 have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. R104.2 Schedule of permit fees. Where a permit is required, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. A permit shall not be valid until the fees prescribed by Section 2.12.100 the Aspen Municipal Code are paid in full. R104.3 Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to an additional fee established by the code official that shall be in addition to the required permit fees. R104.4 Related fees. The payment of the fee for the construction, alteration, removal or demolition of work done in connection to or concurrently with the work or activity authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. R104.5 Refunds. The code official is authorized to establish a refund policy. SECTION R105 INSPECTIONS R105.1 General. Construction or work for which a permit is required shall be subject to inspection by the code official or his or her designated agent, and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. It shall be the duty of the permit applicant to cause the work to remain visible and able to be accessed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material, product, system or building component required to allow inspection to validate compliance with this code. R105.2 Required inspections. The code official or his or her designated agent, upon notification, shall make the inspections set forth in Sections R105.2.1 through R105.2.5. R105.2.1 Footing and foundation inspection. Inspections associated with footings and foundations shall verify compliance with the code as to R-value, location, thickness, depth of burial and protection of insulation as required by the code and approved plans and specifications. R105.2.2 Framing and air barrier rough-in inspection. Air barrier inspections at framing and rough-in shall be made before application of air permeable insulation interior finish and shall verify compliance with the code as to: types of insulation and corresponding R-values and their correct location and proper installation; fenestration properties such as U-factor and SHGC and proper installation; air leakage controls as required by the code; and approved plans and specifications. Air barriers located on the outside of the building may be inspected after cavity insulation is installed. R105.2.3 Insulation and fenestration rough-in inspection Inspections at insulation and fenestration rough-in shall be made before application of interior finish and shall verify compliance with the code as to: types of insulation and corresponding R-values and their correct location and proper installation; fenestration properties such as U-factor and SHGC and proper installation. R105.2.4 Plumbing rough-in inspection. Inspections at plumbing rough-in shall verify compliance as required by the code and approved plans and specifications as to types of insulation and corresponding R-values and protection and required controls. R105.2.5 Mechanical rough-in inspection. Inspections at mechanical rough-in shall verify compliance as required by the code and approved plans and specifications as to installed HVAC equipment type and size, required controls, system insulation and corresponding R- value, system air leakage control, programmable thermo- stats, dampers, whole-house ventilation, and minimum fan efficiency. Exception: Systems serving multiple dwelling units shall be inspected in accordance with Section C105.2.4. R105.2.6 Electrical rough-in inspection. Inspections shall verify lighting system controls, components, meters, and additional electric infrastructure as required by the code, approved plans and specifications. Inspections shall verify space availability and pathways to electrical service for future or installed energy storage systems. Inspections shall verify solar-ready zone and conduit or pre-wiring from the solar-ready zone to the electrical panel and proper panel space and capacity necessary for future installation of a solar photovoltaic system. R105.2.7 Final inspection. The building shall have a final inspection and shall not be occupied until approved. The final inspection shall include verification of the installation of all required building systems, equipment and controls and their proper operation and the required number of high-efficacy lamps and fixtures. R105.3 Reinspection. A building shall be reinspected where determined necessary by the code official. R105.4 Approved inspection agencies. The code official is authorized to accept reports of third-party inspection agencies not affiliated with the building design or construction, provided that such agencies are approved as to qualifications and reliability relevant to the building components and systems that they are inspecting. R105.4.1 Authorization of approved third-party inspection agency. When authorized, and at the sole discretion of the authority having jurisdiction, the third-party inspection agency shall represent the jurisdiction and have powers as delegated by of the authority having jurisdiction. R105.4.1.1 Independence. The approved third party shall be objective, competent and independent from the contractor responsible for the work being inspected. The approved third party shall disclose to the building official and the registered design professional in responsible charge possible conflicts of interest so that objectivity can be confirmed. R105.4.2 Approved third-party inspections scope. When authorized, and at the sole discretion of the authority having jurisdiction, the authority having jurisdiction shall determine and delegate compliance verification measures the third-party inspection agency can perform. R105.4.3 Approved third-party inspections reporting. The approved agency shall submit inspection reports to the authority having jurisdiction and to the owner’s representative in accordance with International Building Code Section 104.4 before the Certificate of Occupancy can be issued. R105.5 Inspection requests. It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. R105.6 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for inspection and testing. SECTION R106 NOTICE OF APPROVAL R106.1 Approval. After the prescribed tests and inspections indicate that the work complies in all respects with this code, a notice of approval shall be issued by the code official. R106.2 Revocation. The code official is authorized to, in writing, suspend or revoke a notice of approval issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure, premise, or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION R107 VALIDITY R107.1 General. If a portion of this code is held to be illegal or void, such a decision shall not affect the validity of the remainder of this code. SECTION R108 REFERENCED STANDARDS R108.1 Referenced codes and standards. The codes and standards referenced in this code shall be those indicated in Chapter 5, and such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections R108.1.1 and R108.1.2. R108.1.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. R108.1.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard. R108.2 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. R108.3 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. SECTION R109 STOP WORK ORDER R109.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. R109.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. R109.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. R109.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction. SECTION R110 MEANS OF APPEALS R110.1 Appeals shall be in accordance with Chapter 8.08 of the Aspen Municipal Code. R110.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official. R110.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code or interpret the administration of this code. R110.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training and are not employees of the jurisdiction. R110.4 Administration. The code official shall take immediate action in accordance with the decision of the board. CHAPTER 2 [RE] DEFINITIONS User note: About this chapter: Codes, by their very nature, are technical documents. Every word, term and punctuation mark can add to or change the meaning of a technical requirement. It is necessary to maintain a consensus on the specific meaning of each term contained in the code. Chapter 2 performs this function by stating clearly what specific terms mean for the purpose of the code. SECTION R201 GENERAL R201.1 Scope. Unless stated otherwise, the following words and terms in this code shall have the meanings indicated in this chapter. R201.2 Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural includes the singular. R201.3 Terms defined in other codes. Terms that are not defined in this code but are defined in the International Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, or the International Plumbing Code or the International Residential Code shall have the meanings ascribed to them in those codes. R201.4 Terms not defined. Terms not defined by this chapter shall have ordinarily accepted meanings such as the context implies. SECTION R202 GENERAL DEFINITIONS ABOVE-GRADE WALL. A wall more than 50 percent above grade and enclosing conditioned space. This includes between-floor spandrels, peripheral edges of floors, roof and basement knee walls, dormer walls, gable end walls, walls enclosing a mansard roof and skylight shafts. ACCESS (TO). That which enables a device, appliance or equipment to be reached by ready access or by a means that first requires the removal or movement of a panel or similar obstruction. ADDITION. An extension or increase in the conditioned space floor area, number of stories or height of a building or structure. AIR BARRIER. One or more materials joined together in a continuous manner to restrict or prevent the passage of air through the building thermal envelope and its assemblies. ALL-ELECTRIC BUILDING. A building that contains no combustion equipment, or plumbing for combustion equipment, installed within the building or building site. Exceptions: 1. Backup generators and associated plumbing. 2. Wood burning stoves and fireplaces in accordance with Aspen Municipal Code Title 13. ALTERATION. Any construction, retrofit or renovation to an existing structure other than repair or addition. Also, a change in a building, electrical, gas, mechanical or plumbing system that involves an extension, addition or change to the arrangement, type or purpose of the original installation. APPLIANCE. Any apparatus or device that utilizes a fuel or a raw material as a fuel to produce light, heat, power, refrigeration or air conditioning. Also, an apparatus that compresses fuel gases. APPROVED. Acceptable to the code official. APPROVED AGENCY. An established and recognized agency that is regularly engaged in conducting tests furnishing inspection services, or furnishing product certification, where such agency has been approved by the code official. APPROVED SOURCE. An independent person, firm or corporation, approved by the code official, who is competent and experienced in the application of engineering principles to materials, methods or system analyses. AUTOMATIC. Self-acting, operating by its own mechanism when actuated by some impersonal influence, as, for example, a change in current strength, pressure, temperature or mechanical configuration (see “Manual”). AUTOMATIC SHUT-OFF CONTROL. A device capable of automatically turning loads off without manual intervention. Automatic shut-off controls include devices such as, but not limited to, occupancy sensors, vacancy sensors, door switches, programmable time switches (i.e., timeclocks), or count-down timers. AUTOMOBILE PARKING SPACE. A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile BASEMENT WALL. A wall 50 percent or more below grade and enclosing conditioned space. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy, including any mechanical systems, service water-heating systems and electric power and lighting systems located on the building site and supporting the building. BUILDING SITE. A contiguous area of land that is under the ownership or control of one entity. BUILDING THERMAL ENVELOPE. The basement walls, exterior walls, floors, ceiling, roofs and any other building element assemblies that enclose conditioned space or provide a boundary between conditioned space and exempt or unconditioned space. CAVITY INSULATION. Insulating material located between framing members. CIRCULATING HOT WATER SYSTEM. A specifically designed water distribution system where one or more pumps are operated in the service hot water piping to circulate heated water from the water-heating equipment to fixtures and back to the water-heating equipment. CLIMATE ZONE. A geographical region based on climatic criteria as specified in this code. CODE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code or a duly authorized representative. COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, service water heating, cooking, clothes drying and/or lighting that uses fuel gas or fuel oil. COMMERCIAL BUILDING. For this code, all buildings that are not included in the definition of “Residential building.” CONDITIONED FLOOR AREA. The horizontal projection of the floors associated with the conditioned space. CONDITIONED SPACE. An area, room or space that is enclosed within the building thermal envelope and that is directly or indirectly heated or cooled. Spaces are indirectly heated or cooled where they communicate through openings with conditioned spaces, where they are separated from conditioned spaces by uninsulated walls, floors or ceilings, or where they contain uninsulated ducts, piping or other sources of heating or cooling. CONSTRUCTION DOCUMENTS. Written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of a project necessary for obtaining a building permit. CONTINUOUS AIR BARRIER. A combination of materials and assemblies that restrict or prevent the passage of air through the building thermal envelope. CONTINUOUS INSULATION (ci). Insulating material that is continuous across all structural members without thermal bridges other than fasteners and service openings. It is installed on the interior or exterior, or is integral to any opaque surface, of the building envelope. CONTINUOUSLY BURNING PILOT LIGHT. A small gas flame used to ignite gas at a larger burner. Once lit, a continuous pilot light remains in operation until manually interrupted. CRAWL SPACE WALL. The opaque portion of a wall that encloses a crawl space and is partially or totally below grade. CURTAIN WALL. Fenestration products used to create an external non load-bearing wall that is designed to separate the exterior and interior environments. DEMAND RECIRCULATION WATER SYSTEM. A water distribution system where one or more pumps prime the service hot water piping with heated water upon demand for hot water. DEMAND RESPONSE SIGNAL. A signal that indicates a price or a request to modify electricity consumption for a limited time period. DEMAND RESPONSIVE CONTROL. A control capable of receiving and automatically responding to a demand response signal. DIMMER. A control device that is capable of continuously varying the light output and energy use of light sources. DUCT. A tube or conduit utilized for conveying air. The air passages of self-contained systems are not to be construed as air ducts. DUCT SYSTEM. A continuous passageway for the trans- mission of air that, in addition to ducts, includes duct fittings, dampers, plenums, fans and accessory air-handling equipment and appliances. DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. DWELLING UNIT ENCLOSURE AREA. The sum of the area of ceiling, floors, and walls separating a dwelling unit’s conditioned space from the exterior or from adjacent conditioned or unconditioned spaces. Wall height shall be measured from the finished floor of the dwelling unit to the underside of the floor above. ELECTRIC VEHICLE (EV). An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, and electric motorcycles, primarily powered by an electric motor that draws current from a building electrical service, EVSE, a rechargeable storage battery, a fuel cell, a photovoltaic array, or another source of electric current. ELECTRIC VEHICLE CAPABLE SPACE (EV CAPABLE SPACE). A designated automobile parking space that is provided with electrical infrastructure, such as, but not limited to, raceways, cables, electrical capacity, and panelboard or other electrical distribution equipment space, necessary for the future installation of an EVSE. ELECTRIC VEHICLE READY SPACE (EV READY SPACE). An automobile parking space that is provided with a branch circuit and a receptacle outlet that will support an installed EVSE. ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). Equipment for plug-in power transfer including the ungrounded, grounded and equipment grounding conductors, and the electric vehicle connectors, attached plugs, personal protection system 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. ELECTRIC VEHICLE SUPPLY EQUIPMENT INSTALLED SPACE (EVSE SPACE). An automobile parking space that is provided with a dedicated EVSE connection. ENERGY ANALYSIS. A method for estimating the annual energy use of the proposed design and standard reference design based on estimates of energy use. ENERGY ASSESSMENT REPORT. A report created by a building performance institute (BPI) certified energy analyst or other approved third party that analyzes the current condition and energy usage of a building or dwelling unit and provides a list of recommended improvements. The report shall include air leakage testing in accordance with section R402.4.1.2. ENERGY STORAGE SYSTEM (ESS). One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time. ENERGY COST. The total estimated annual cost for purchased energy for the building functions regulated by this code, including applicable demand charges. ENERGY SIMULATION TOOL. An approved software program or calculation-based methodology that projects the annual energy use of a building. 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. ERI REFERENCE DESIGN. A version of the rated design that meets the minimum requirements of the 2006 International Energy Conservation Code. EXTERIOR WALL. Walls including both above-grade walls and basement walls. EXTERIOR WALL ENVELOPE. A system or assembly of exterior wall components, including exterior wall finish materials, that provides protection of the building structural members, including framing and sheathing materials, and conditioned interior space, from the detrimental effects of the exterior environment. FENESTRATION. Products classified as either vertical fenestration or skylights. Skylights. Glass or other transparent or translucent glazing material installed at a slope of less than 60 degrees (1.05 rad) from horizontal including unit skylights, tubular daylighting devices, and glazing materials in solariums, sunrooms, roofs and sloped walls. Vertical fenestration. Windows that are fixed or operable, opaque doors, glazed doors, glazed block and combination opaque/glazed doors composed of glass or other transparent or translucent glazing materials and installed at a slope of not less than 60 degrees (1.05 rad) from horizontal. FENESTRATION PRODUCT, SITE-BUILT. A fenestration designed to be made up of field-glazed or field- assembled units using specific factory cut or otherwise factory-formed framing and glazing units. Examples of site- built fenestration include storefront systems, curtain walls and atrium roof systems. FUEL GAS. A natural gas, manufactured gas, liquified petroleum gas or a mixture of these. FUEL OIL. Kerosene or any hydrocarbon oil having a flash point not less than 100°F (38°C). HEATED SLAB. Slab-on-grade construction in which the heating elements, hydronic tubing, or hot air distribution system is in contact with, or placed within or under, the slab. HEAT PUMP. A refrigeration system or factory-made appliance that utilizes refrigerant to transfer heat into a space or substance. HIGH-EFFICACY LIGHT SOURCES. Any lamps with an efficacy of not less than 65 lumens per watt, or luminaires with an efficacy of not less than 45 lumens per watt. HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed, or certified as eligible for listing by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places. 2. Designated as historic under an applicable state or local law. 3. Certified as a contributing resource within a National Register-listed, state-designated or locally designated historic district. INFILTRATION. The uncontrolled inward air leakage into a building caused by the pressure effects of wind or the effect of differences in the indoor and outdoor air density or both. INSULATED SIDING. A type of continuous insulation with manufacturer-installed insulating material as an integral part of the cladding product having an R-value of not less than R-2. LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evaluation that maintains periodic inspection of the production of such labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose. LISTED. Equipment, materials, products or services included in a list published by an organization acceptable to the code official and concerned with evaluation of products or services that maintains periodic inspection of production of listed equipment or materials or periodic evaluation of services and whose listing states either that the equipment, material, product or service meets identified standards or has been tested and found suitable for a specified purpose. LOW-VOLTAGE LIGHTING. Lighting equipment powered through a transformer such as a cable conductor, a rail conductor and track lighting. MANUAL. Capable of being operated by personal intervention (see “Automatic”). OCCUPANT SENSOR CONTROL. An automatic control device that detects the presence or absence of people within an area and causes lighting, equipment or appliances to be regulated accordingly. ON-SITE RENEWABLE ENERGY. Energy from renew- able energy resources harvested at the building site. OPAQUE DOOR. A door that is not less than 50-percent opaque in surface area. PILOT LIGHT, CONTINUOUSLY BURNING. A small gas flame used to ignite gas at a larger burner. Once lit, a continuously burning pilot light remains in operation until manually interrupted. Pilot light ignition systems with the ability to switch between intermittent and continuous mode are considered continuous. PILOT LIGHT, INTERMITTENT. A pilot which is automatically ignited when an appliance is called on to operate and which remains continuously ignited during each period of main burner operation. The pilot is automatically extinguished when each main burner operating cycle is completed. PILOT LIGHT, INTERRUPTED. A pilot which is automatically ignited prior to the admission of fuel to the main burner, and which is automatically extinguished after the main flame is established. PILOT LIGHT, ON-DEMAND. A pilot which, once placed into operation, is intended to remain ignited for a predetermined period of time following an automatic or manual operation of the main burner gas valve. PROPOSED DESIGN. A description of the proposed building used to estimate annual energy use for determining compliance based on total simulated building performance. RATED DESIGN. A description of the proposed building used to determine the energy rating index. READY ACCESS (TO). That which enables a device, appliance or equipment to be directly reached without requiring the removal or movement of any panel or similar obstruction. RENEWABLE ENERGY CERTIFICATE (REC). An instrument that represents the environmental attributes of one megawatt hour of renewable energy; also known as an energy attribute certificate (EAC). RENEWABLE ENERGY RESOURCES. Energy derived from solar radiation, wind, waves, tides, landfill gas, biogas, biomass or extracted from hot fluid or steam heated within the earth. REPAIR. The reconstruction or renewal of any part of an existing building for the purpose of its maintenance or to correct damage. REROOFING. The process of recovering or replacing an existing roof covering. See “Roof recover” and “Roof replacement.” RESIDENTIAL BUILDING. For this code, includes detached one- and two-family dwellings and townhouses as well as Group R-2, R-3 and R-4 buildings three stories or less in height above grade plane. ROOF ASSEMBLY. A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck. A roof assembly includes the roof covering, underlayment and roof deck and can also include a thermal barrier, an ignition barrier, insulation or a vapor retarder. ROOF RECOVER. The process of installing an additional roof covering over an existing roof covering without removing the existing roof covering. ROOF REPAIR. Reconstruction or renewal of any part of an existing roof for the purposes of its maintenance. ROOF REPLACEMENT. The process of removing the existing roof covering, repairing any damaged substrate and installing a new roof covering. An alteration that includes the removal of all existing layers of roof assembly materials down to the roof deck and installing replacement materials above the existing roof deck. R-VALUE (THERMAL RESISTANCE). The inverse of the time rate of heat flow through a body from one of its bounding surfaces to the other surface for a unit temperature difference between the two surfaces, under steady state conditions, per unit area (h × ft2 × °F/Btu) [(m2 × K)/W]. SERVICE WATER HEATING. Supply of hot water for purposes other than comfort heating. SOLAR HEAT GAIN COEFFICIENT (SHGC). The ratio of the solar heat gain entering the space through the fenestration assembly to the incident solar radiation. Solar heat gain includes directly transmitted solar heat and absorbed solar radiation that is then reradiated, conducted or convected into the space. 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. STANDARD REFERENCE DESIGN. A version of the proposed design that meets the minimum requirements of this code and is used to determine the maximum annual energy use requirement for compliance based on total building performance. SUNROOM. A one-story structure attached to a dwelling with a glazing area in excess of 40 percent of the gross area of the structure’s exterior walls and roof. THERMAL BRIDGE. An element or interface of elements that has a higher thermal conductivity than the surrounding building thermal envelope, which creates a path of least resistance for heat transfer. THERMAL DISTRIBUTION EFFICIENCY (TDE). The resistance to changes in air heat as air is conveyed through a distance of air duct. TDE is a heat loss calculation evaluating the difference in the heat of the air between the air duct inlet and outlet caused by differences in temperatures between the air in the duct and the duct material. TDE is expressed as a percent difference between the inlet and outlet heat in the duct. THERMAL ISOLATION. Physical and space conditioning separation from conditioned spaces. The conditioned spaces shall be controlled as separate zones for heating and cooling or conditioned by separate equipment. THERMOSTAT. An automatic control device used to maintain temperature at a fixed or adjustable setpoint. U-FACTOR (THERMAL TRANSMITTANCE). The coefficient of heat transmission (air to air) through a building component or assembly, equal to the time rate of heat flow per unit area and unit temperature difference between the warm side and cold side air films (Btu/h × ft2 × °F) [W/(m2 × K)]. VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. VENTILATION AIR. That portion of supply air that comes from outside (outdoors) plus any recirculated air that has been treated to maintain the desired quality of air within a designated space. VISIBLE TRANSMITTANCE (VT). The ratio of visible light entering the space through the fenestration product assembly to the incident visible light. Visible Transmittance includes the effects of glazing material and frame and is expressed as a number between 0 and 1. WHOLE HOUSE MECHANICAL VENTILATION SYSTEM. An exhaust system, supply system, or combination thereof that is designed to mechanically exchange indoor air with outdoor air when operating continuously or through a programmed intermittent schedule to satisfy the whole house ventilation rates. WORK AREA. That portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed and portions of the building where work not initially intended by the owner is specifically required by this code. ZONAL HEATING. A heating system in which each zone or room has a separate heater with a single controller in each zone. ZONE. A space or group of spaces within a building with heating or cooling requirements that are sufficiently similar so that desired conditions can be maintained throughout using a single controlling device. CHAPTER 3 [RE] GENERAL REQUIREMENTS User note: About this chapter: Chapter 3 addresses broadly applicable requirements that would not be at home in other chapters having more specific coverage of subject matter. This chapter establishes climate zone by US counties and territories and includes methodology for determining climate zones elsewhere. It also contains product rating, marking and installation requirements for materials such as insulation, windows, doors and siding. SECTION R301 CLIMATE ZONES Section R301 Climate zones is deleted in its entirety and shall read as follows: The City of Aspen, Colorado, shall use Climate Zone 7. SECTION R302 DESIGN CONDITIONS R302.1 Interior design conditions. The interior design temperatures used for heating and cooling load calculations shall be a maximum of 72°F (22°C) for heating and mini- mum of 75°F (24°C) for cooling. SECTION R303 MATERIALS, SYSTEMS AND EQUIPMENT R303.1 Identification. Materials, systems and equipment shall be identified in a manner that will allow a determination of compliance with the applicable provisions of this code. R303.1.1 Building thermal envelope insulation. An R-value identification mark shall be applied by the manufacturer to each piece of building thermal envelope insulation that is 12 inches (305 mm) or greater in width. Alternatively, the insulation installers shall provide a certification that indicates the type, manufacturer and R-value of insulation installed in each element of the building thermal envelope. For blown-in or sprayed fiberglass and cellulose insulation, the initial installed thickness, settled thickness, settled R-value, installed density, coverage area and number of bags installed shall be indicated on the certification. For sprayed polyurethane foam (SPF) insulation, the installed thickness of the areas covered, and the R-value of the installed thickness shall be indicated on the certification. For insulated siding, the R-value shall be on a label on the product’s package and shall be indicated on the certification. The insulation installer shall sign, date and post the certification in a conspicuous location on the job site. Exception: For roof insulation installed above the deck, the R-value shall be labeled as required by the material standards specified in Table 1508.2 of the International Building Code or Table R906.2 of the International Residential Code, as applicable. R303.1.1.1 Blown-in or sprayed roof and ceiling insulation. The thickness of blown-in or sprayed fiberglass and cellulose roof and ceiling insulation shall be written in inches (mm) on markers that are installed at not less than one for every 300 square feet (28 m2) throughout the attic space. The markers shall be affixed to the trusses or joists and marked with the minimum initial installed thickness with numbers not less than 1 inch (25 mm) in height. Each marker shall face the attic access opening. The thickness and installed R-value of sprayed polyurethane foam insulation shall be indicated on the certification provided by the insulation installer. R303.1.2 Insulation mark installation. Insulating materials shall be installed such that the manufacturer’s R-value mark is readily observable at inspection. For insulation materials that are installed without an observable manufacturer’s R-value mark, such as blown or draped products, an insulation certificate complying with Section R303.1.1 shall be left immediately after installation by the installer, in a conspicuous location within the building, to certify the installed R-value of the insulation material. R303.1.3 Fenestration product rating. U-factors of fenestration products such as windows, doors and skylights shall be determined in accordance with NFRC 100. Exception: Where required, garage door U-factors shall be determined in accordance with either NFRC 100 or ANSI/DASMA 105. U-factors shall be determined by an accredited, independent laboratory, and labeled and certified by the manufacturer. Products lacking such a labeled U-factor shall be assigned a default U-factor from Table R303.1.3(1) or Table R303.1.3(2). The solar heat gain coefficient (SHGC) and visible transmittance (VT) of glazed fenestration products such as windows, glazed doors and skylights shall be determined in accordance with NFRC 200 by an accredited, independent laboratory, and labeled and certified by the manufacturer. Products lacking such a labeled SHGC or VT shall be assigned a default SHGC or VT from Table R303.1.3(3). TABLE R303.1.3(1) DEFAULT GLAZED WINDOW, GLASS DOOR AND SKYLIGHT U-FACTORS FRAME TYPE WINDOW AND GLASS DOOR SKYLIGHT Single pane Double pane Single Double Metal 1.20 0.80 2.00 1.30 Metal with Ther- mal Break 1.10 0.65 1.90 1.10 Nonmetal or Metal Clad 0.95 0.55 1.75 1.05 Glazed Block 0.60 TABLE R303.1.3(2) DEFAULT OPAQUE DOOR U-FACTORS DOOR TYPE OPAQUE U- FACTOR Uninsulated Metal 1.20 Insulated Metal 0.60 Wood 0.50 Insulated, nonmetal edge, not exceeding 45% glazing, any glazing double pane 0.35 TABLE R303.1.3(3) DEFAULT GLAZED FENESTRATION SHGC AND VT SINGLE GLAZED DOUBLE GLAZED GLAZED BLOCK Clear Tinted Clear Tinted SHGC 0.8 0.7 0.7 0.6 0.6 VT 0.6 0.3 0.6 0.3 0.6 R303.1.4 Insulation product rating. The thermal resistance, R-value, of insulation shall be determined in accordance with Part 460 of US-FTC CFR Title 16 in units of h × ft2 × °F/Btu at a mean temperature of 75°F (24°C). R303.1.4.1 Insulated siding. The thermal resistance, R-value, of insulated siding shall be determined in accordance with ASTM C1363. Installation for testing shall be in accordance with the manufacturer’s instructions. R303.1.5 Air-impermeable insulation. Insulation having an air permeability not greater than 0.004 cubic feet per minute per square foot [0.002 L/(s × m2)] under pressure differential of 0.3 inch water gauge (75 Pa) when tested in accordance with ASTM E2178 shall be deter- mined air-impermeable insulation. R303.2 Installation. Materials, systems and equipment shall be installed in accordance with the manufacturer’s instructions and the International Building Code or the International Residential Code, as applicable. Insulation shall meet the requirements of the Grade I standard in ICC/RESNET 301 Normative Appendix A. R303.2.1 Protection of exposed foundation insulation. Insulation applied to the exterior of basement walls, crawl space walls and the perimeter of slab-on-grade floors shall have a rigid, opaque and weather-resistant protective covering to prevent the degradation of the insulation’s thermal performance. The protective covering shall cover the exposed exterior insulation and extend not less than 6 inches (153 mm) below grade. R303.3 Maintenance information. Maintenance instructions shall be furnished for equipment and systems that require preventive maintenance. Required regular maintenance actions shall be clearly stated and incorporated on a readily visible label. The label shall include the title or publication number for the operation and maintenance manual for that particular model and type of product. CHAPTER 4 [RE] RESIDENTIAL ENERGY EFFICIENCY User note: About this chapter: Chapter 4 presents the paths and options for compliance with the energy efficiency provisions. Chapter 4 contains energy efficiency provisions for the building envelope, mechanical and water heating systems, lighting and additional efficiency requirements. A performance alternative, energy rating alternative, and tropical regional alternative are also provided to allow for energy code compliance other than by the prescriptive method. SECTION R401 GENERAL R401.1 Scope. This chapter applies to residential buildings. R401.2 Application. Residential buildings shall comply with Section R401.2.5 and either Sections R401.2.1, R401.2.2, R401.2.3 or R401.2.4. Exception: Additions, alterations, repairs and changes of occupancy to existing buildings complying with Chapter 5. R401.2.1 Prescriptive Compliance Option. The Prescriptive Compliance Option requires compliance with Sections R401 through R404. R401.2.2 Total Building Performance Option. The Total Building Performance Option requires compliance with Section R405. R401.2.3 Energy Rating Index Option. The Energy Rating Index (ERI) Option requires compliance with Section R406. R401.2.4 Tropical Climate Region Option. The Tropical Climate Region Option requires compliance with Section R407. R401.2.5 Additional energy efficiency. This section establishes additional requirements applicable to all compliance approaches to achieve additional energy efficiency. 1. For buildings complying with Section R401.2.1, one of the additional efficiency package options shall be installed according to Section R408.2. 2. For buildings complying with Section R401.2.2, the building shall meet one of the following: 2.1. One of the additional efficiency package options in Section R408.2 shall be installed without including such measures in the proposed design under Section R405; or 2.2. The proposed design of the building under Section R405.2 shall have an annual energy cost that is less than or equal to 95 percent of the annual energy cost of the standard reference design. 3. For buildings complying with the Energy Rating Index Alternative Section R401.2.3, the Energy Rating Index value shall be at least 5 percent less than the Energy Rating Index target specified in Table R406.5. The option selected for compliance shall be identified in the certificate required by Section R401.3. R401.3 Certificate. A permanent certificate shall be completed by the builder or other approved party and posted on a wall in the space where the furnace is located, a utility room or an approved location inside the building. Where located on an electrical panel, the certificate shall not cover or obstruct the visibility of the circuit directory label, service disconnect label or other required labels. The certificate shall indicate the following: 1. The predominant R-values of insulation installed in or on ceilings, roofs, walls, foundation components such as slabs, basement walls, crawl space walls and floors and ducts outside conditioned spaces. 2. U-factors of fenestration and the solar heat gain coefficient (SHGC) of fenestration. Where there is more than one value for any component of the building envelope, the certificate shall indicate both the value covering the largest area and the area weighted average value if available. 3. The results from any required duct system and building envelope air leakage testing performed on the building. 4. The types, sizes and efficiencies of heating, cooling and service water-heating equipment. Where a gas- fired unvented room heater, electric furnace or base- board electric heater is installed in the residence, the certificate shall indicate “gas-fired unvented room heater,” “electric furnace” or “baseboard electric heater,” as appropriate. An efficiency shall not be indicated for gas-fired unvented room heaters, electric furnaces and electric baseboard heaters. 5. Where on-site photovoltaic panel systems have been installed, the array capacity, inverter efficiency, panel tilt and orientation shall be noted on the certificate. 6. For buildings where an Energy Rating Index score is determined in accordance with Section R406, the Energy Rating Index score, both with and without any on-site generation, shall be listed on the certificate. 7. The code edition under which the structure was permitted, and the compliance path used, and where applicable, the additional efficiency measures selected for compliance with Section R408. 8. Where a solar-ready zone is provided, the certificate shall indicate the location, and dimensions. SECTION R402 BUILDING THERMAL ENVELOPE R402.1 General. The building thermal envelope shall comply with the requirements of Sections R402.1.1 through R402.1.5. Exceptions: 1. The following low-energy buildings, or portions thereof, separated from the remainder of the building by building thermal envelope assemblies complying with this section shall be exempt from the building thermal envelope provisions of Section R402. 1.1. Those with a peak design rate of energy usage less than 3.4 Btu/h × ft2 (10.7 W/m2) or 1.0 watt/ft2 of floor area for space- conditioning purposes. 1.2. Those that do not contain conditioned space. 2. Log homes designed in accordance with ICC 400. R402.1.1 Vapor retarder. Wall assemblies in the building thermal envelope shall comply with the vapor retarder requirements of Section R702.7 of the International Residential Code or Section 1404.3 of the International Building Code, as applicable. R402.1.2 Insulation and fenestration criteria. The building thermal envelope shall meet the requirements of Table R402.1.2, based on the climate zone specified in Chapter 3. Assemblies shall have a U-factor equal to or less than that specified in Table R402.1.2. Fenestration shall have a U-factor and glazed fenestration SHGC equal to or less than that specified in Table R402.1.2. R402.1.3 R-value alternative. Assemblies with R-value of insulation materials equal to or greater than that specified in Table R402.1.3 shall be an alternative to the U-factor in Table R402.1.2 R402.1.4 R-value computation. Cavity insulation alone shall be used to determine compliance with the cavity insulation R-value requirements in Table R402.1.3. Where cavity insulation is installed in multiple layers, the R- values of the cavity insulation layers shall be summed to determine compliance with the cavity insulation R- value requirements. The manufacturer’s settled R-value shall be used for blown-in insulation. Continuous insulation (ci) alone shall be used to determine compliance with the continuous insulation R-value requirements in Table R402.1.3. Where continuous insulation is installed in multiple layers, the R-values of the continuous insulation layers shall be summed to determine compliance with the continuous insulation R-value requirements. Cavity insulation R-values shall not be used to determine compliance with the continuous insulation R-value requirements in Table R402.1.3. Computed R-values shall not include an R-value for other building materials or air films. Where insulated siding is used for the purpose of complying with the continuous insulation requirements of Table R402.1.3, the manufacturer’s labeled R-value for the insulated siding shall be reduced by R-0.6. TABLE R402.1.2 MAXIMUM ASSEMBLY U-FACTORSa AND FENESTRATION REQUIREMENTS CLIMATE ZONE WORK TYPE FENES TRATI ON U- FACTO Rf SKYLIGH T U- FACTOR GLAZED FENESTRATI ON SHGC d, e, f CEILING U- FACTOR WOOD FRAME WALL U- FACTOR MASS WALL U- FACTOR b FLOOR U- FACTOR BASEME NT WALL U- FACTOR CRAWL SPACE WALL U- FACTOR 7 and 8 New Construction & Additions 0.30 0.26h,i 0.55 0.44 NR 0.35 0.024 0.018g 0.045 0.027 0.057 0.036 0.028 0.026 0.050 0.034 0.055 0.034 Alterations 0.28 0.50 0.35 0.026 0.049 0.057 0.028 0.050 0.055 For SI: 1 foot = 304.8 mm. a. Nonfenestration U-factors shall be obtained from measurement, calculation or an approved source. b. Mass walls shall be in accordance with Section R402.2.5. Where more than half the insulation is on the interior, the mass wall U-factors shall not exceed 0.17 in Climate Zones 0 and 1, 0.14 in Climate Zone 2, 0.12 in Climate Zone 3, 0.087 in Climate Zone 4 except Marine, 0.065 in Climate Zone 5 and Marine 4, and 0.057 in Climate Zones 6 through 8. c. In Warm Humid locations as defined by Figure R301.1 and Table R301.1, the basement wall U-factor shall not exceed 0.360. d. The SHGC column applies to all glazed fenestration. Exception: In Climate Zones 0 through 3, skylights shall be permitted to be excluded from glazed fenestration SHGC requirements provided that the SHGC for such skylights does not exceed 0.30. e. There are no SHGC requirements in the Marine Zone. f. g. A maximum U-factor of 0.32 shall apply in Marine Climate Zone 4 and Climate Zones 5 through 8 to vertical fenestration products installed in buildings located either: 1. Above 4,000 feet in elevation above sea level, or 2. In windborne debris regions where protection of openings is required by Section R301.2.1.2 of the International Residential Code. h. Ceilings with attics may use an equivalent U-factor of 0.024. i. Vertical fenestration shall also comply with R402.3.6 and R402.3.7. j. Doors may have a U-factor of 0.28 or less. TABLE R402.1.3 INSULATION MINIMUM R-VALUES AND FENESTRATION REQUIREMENTS BY COMPONENTa LIMATE ZONE WORK TYPE FENESTRATION U-FACTORb, i SKYLIGHTb U-FACTOR GLAZED FENESTRATION SHGCb, e CEILING R- VALUE WOOD FRAME WALL R-VALUEg MASS WALL R- VALUEh FLOOR R- VALUE BASEMENTc,g WALL R-VALUE SLABd EDGE R- VALUE & DEPTH CRAWL SPACEc,g WALL R-VALUE New Construction & Additions 0.26i,j 0.30i 0.44 0.55 NR 0.35 60 30 or 20&5cih or 13&10cih or 0&20cih 34+12ci or 20 + 20ci or 13 + 25ci 19/21 25ci 38 15ci or 19 or 13 + 5ci 20ci or 5 + 15ci or 13 + 10ci 10ci, 4 ft 5ci or 19 or 13 + 5ci 20ci or + 15ci or 13 + 10ci Alterations 0.28 0.30i 0.50 0.55 NR 0.35 60 49 30 or 20+5cihg or 13+10cihg or 0+20cihg 19/21 38 15ci or 19 or 13 + 5ci 10ci or 13 10ci, 4 ft 5ci or 19 or 13 + 5ci 10ci or 13 For SI: 1 foot = 304.8 mm. NR = Not Required. ci = continuous insulation. a. R-values are minimums. U-factors and SHGC are maximums. Where insulation is installed in a cavity that is less than the label or design thickness of the insulation, the installed R-value of the insulation shall be not less than the R-value specified in the table. b. The fenestration U-factor column excludes skylights. The SHGC column applies to all glazed fenestration. Exception: In Climate Zones 0 through 3, skylights shall be permitted to be excluded from glazed fenestration SHGC requirements provided that the SHGC for such skylights does not exceed 0.30. c. “5ci or 13” means R-5 continuous insulation (ci) on the interior or exterior surface of the wall or R-13 cavity insulation on the interior side of the wall. "10ci or 13" means R-10 continuous insulation (ci) on the interior or exterior surface of the wall or R-13 cavity insulation on the interior side of the wall. "15ci or 19 or 13 + 5ci" means R-15 continuous insulation (ci) on the interior or exterior surface of the wall; or R-19 cavity insulation on the interior side of the wall; or R-13 cavity insulation on the interior of the wall in addition to R-5 continuous insulation on the interior or exterior surface of the wall. d. R-5 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. The slab-edge insulation for heated slabs shall not be required to extend below the slab. e. There are no SHGC requirements in the Marine Zone. f. Basement wall insulation is not required in Warm Humid locations as defined by Figure R301.1 and Table R301.1. g. The first value is cavity insulation; the second value is continuous insulation. Therefore, as an example, “13 + 5” means R-13 cavity insulation plus R-5 continuous insulation. h. Mass walls shall be in accordance with Section R402.2.5. The second R-value applies where more than half of the insulation is on the interior of the mass wall. i. A maximum U-factor of 0.32 shall apply in Climate Zones 3 through 8 to vertical fenestration products installed in buildings located either: 1. Above 4,000 feet in elevation, or 2. In windborne debris regions where protection of openings is required by Section R301.2.1.2 of the International Residential Code. k. Vertical fenestration shall also comply with R402.3.6 and R402.3.7. l. Doors may have a U-factor of 0.28 or less. R402.1.5 Total UA alternative. Where the total building thermal envelope UA, the sum of U-factor times assembly area, is less than or equal to the total UA resulting from multiplying the U-factors in Table R402.1.2 by the same assembly area as in the proposed building, the building shall be considered to be in compliance with Table R402.1.2. The UA calculation shall be performed using a method consistent with the ASHRAE Handbook of Fundamentals and shall include the thermal bridging effects of framing materials. In addition to UA compliance, the SHGC requirements of Table R402.1.2 and the maximum fenestration U-factors of Section R402.5 shall be met. If using REScheck software to show compliance with this alternative path for the 2021 edition of the code, the proposed design must be a minimum of 23% more efficient than the standard reference design in order to accommodate the amended values. R402.2 Specific insulation requirements. In addition to the requirements of Section R402.1, insulation shall meet the specific requirements of Sections R402.2.1 through R402.2.13. R402.2.1 Ceilings with attic spaces. Where Section R402.1.3 requires R-49 insulation in the ceiling or attic, installing R-38 over 100 percent of the ceiling or attic area requiring insulation shall satisfy the requirement for R- 49 insulation wherever the full height of uncompressed R-38 insulation extends over the wall top plate at the eaves. Where Section R402.1.3 requires R-60 insulation in the ceiling, installing R-49 over 100 percent of the ceiling area requiring insulation shall satisfy the requirement for R-60 insulation wherever the full height of uncompressed R-49 insulation extends over the wall top plate at the eaves. This reduction shall not apply to the insulation and fenestration criteria in Section R402.1.2 and the Total UA alternative in Section R402.1.5. R402.2.2 Ceilings without attics. Where Section R402.1.3 requires insulation R-values greater than R-30 in the interstitial space above a ceiling and below the structural roof deck, and the design of the roof/ceiling assembly does not allow sufficient space for the required insulation, the minimum required insulation R-value for such roof/ceiling assemblies shall be R-30. Insulation shall extend over the top of the wall plate to the outer edge of such plate and shall not be compressed. This reduction of insulation from the requirements of Section R402.1.3 shall be limited to 500 square feet (46 m2) or 20 percent of the total insulated ceiling area, whichever is less. This reduction shall not apply to the Total UA alternative in Section R402.1.5. R402.2.3 Eave baffle. For air-permeable insulation in vented attics, a baffle shall be installed adjacent to soffit and eave vents. Baffles shall maintain a net free area opening equal to or greater than the size of the vent. The baffle shall extend over the top of the attic insulation. The baffle shall be permitted to be any solid material. The baffle shall be installed to the outer edge of the exterior wall top plate so as to provide maximum space for attic insulation coverage over the top plate. Where soffit venting is not continuous, baffles shall be installed continuously to prevent ventilation air in the eave soffit from bypassing the baffle. R402.2.4 Access hatches and doors. Access hatches and doors from conditioned to unconditioned spaces such as attics and crawl spaces shall be insulated to the same R- value required by Table R402.1.3 for the wall or ceiling in which they are installed. Exceptions: 1. Vertical doors providing access from conditioned spaces to unconditioned spaces that comply with the fenestration requirements of Table R402.1.3 based on the applicable climate zone specified in Chapter 3. 2. Horizontal pull-down, stair-type access hatches in ceiling assemblies that provide access from conditioned to unconditioned spaces in Climate Zones 0 through 4 shall not be required to comply with the insulation level of the surrounding surfaces provided the hatch meets all of the following: 2.1. The average U-factor of the hatch shall be less than or equal to U-0.10 or have an average insulation R- value of R-10 or greater. 2.2. Not less than 75 percent of the panel area shall have an insulation R-value of R-13 or greater. 2.3. The net area of the framed opening shall be less than or equal to 13.5 square feet (1.25 m2). 2.4. The perimeter of the hatch edge shall be weatherstripped. The reduction shall not apply to the total UA alternative in Section R402.1.5. R402.2.4.1 Access hatches and door insulation installation and retention. Vertical or horizontal access hatches and doors from conditioned spaces to unconditioned spaces such as attics and crawl spaces shall be weatherstripped. Access that prevents damaging or compressing the insulation shall be provided to all equipment. Where loose-fill insulation is installed, a wood-framed or equivalent baffle, retainer, or dam shall be installed to prevent loose-fill insulation from spilling into living space from higher to lower sections of the attic and from attics covering conditioned spaces to unconditioned spaces. The baffle or retainer shall provide a permanent means of maintaining the installed R-value of the loose-fill insulation. R402.2.5 Mass walls. Mass walls where used as a component of the building thermal envelope shall be one of the following: 1. Above-ground walls of concrete block, concrete, insulated concrete form, masonry cavity, brick but not brick veneer, adobe, compressed earth block, rammed earth, solid timber, mass timber or solid logs. 2. Any wall having a heat capacity greater than or equal to 6 Btu/ft2 × °F (123 kJ/m2 × K). R402.2.6 Steel-frame ceilings, walls and floors. Steel- frame ceilings, walls, and floors shall comply with the insulation requirements of Table R402.2.6 or the U-factor requirements of Table R402.1.2. The calculation of the U- factor for a steel-frame envelope assembly shall use a series-parallel path calculation method. TABLE R402.2.6 STEEL-FRAME CEILING, WALL AND FLOOR INSULATION R-VALUES WOOD FRAME R- VALUE REQUIREMENT COLD-FORMED STEEL-FRAME EQUIVALENT R- VALUEa Steel Truss Ceilingsb R-30 R-38 or R-30 + 3 or R-26 + 5 R-38 R-49 or R-38 + 3 R-49 R-38 + 5 R-60 R-49 + 10 Steel Joist Ceilingsb R-30 R-38 in 2 × 4 or 2 × 6 or 2 × 8 R-49 in any framing R-38 R-49 in 2 × 4 or 2 × 6 or 2 × 8 or 2 × 10 R-49 R-49 + 10 R-60 R-49 + 20 Steel-frame Wall, 16 inches on center R-13 R-13 + 4.2 or R-21 + 2.8 or R-0 + 9.3 or R-15 + 3.8 or R- 21 + 3.1 R-13 + 5 R-0 + 15 or R-13 + 9 or R-15 + 8.5 or R-19 + 8 or R-21 + 7 R-13 + 10 R-0 + 20 or R-13 + 15 or R-15 + 14 or R-19 + 13 or R-21 + 13 R-20 R-0 + 14.0 or R-13 + 8.9 or R-15 + 8.5 or R-19 + 7.8 or R- 21 + 7.5 R-20 + 5 R-13 + 12.7 or R-15 + 12.3 or R-19 + 11.6 or R-21 + 11.3 or R-25 + 10.9 R-21 R-0 + 14.6 or R-13 + 9.5 or R-15 + 9.1 or R-19 + 8.4 or R- 21 + 8.1 or R-25 + 7.7 R-32 + 12 R-19 + 25 Steel-frame Wall, 24 inches on center R-13 R-0 + 9.3 or R-13 + 3.0 or R-15 + 2.4 R-13 + 5 R-0 + 15 or R-13 + 7.5 or R-15 + 7 or R-19 + 6 or R-21 + 6 R-13 + 10 R-0 + 20 or R-13 + 13 or R-15 + 12 or R-19 + 11 or R-21 + 11 R-20 R-0 + 14.0 or R-13 + 7.7 or R-15 + 7.1 or R-19 + 6.3 or R- 21 + 5.9 R-20 + 5 R-13 + 11.5 or R-15 + 10.9 or R-19 + 10.1 or R-21 + 9.7 or R-25 + 9.1 R-21 R-0 + 14.6 or R-13 + 8.3 or R-15 + 7.7 or R-19 + 6.9 or R- 21 + 6.5 or R-25 + 5.9 R-32 + 12 R-19 + 18 Steel Joist Floor R-13 R-19 in 2 × 6, or R-19 + 6 in 2 × 8 or 2 × 10 R-19 R-19 + 6 in 2 × 6, or R-19 + 12 in 2 × 8 or 2 × 10 R-38 R-30 + 25 a. The first value is cavity insulation R-value; the second value is continuous insulation R-value. Therefore, for example, “R-30 + 3” means R-30 cavity insulation plus R-3 continuous insulation. b. Insulation exceeding the height of the framing shall cover the framing. R402.2.7 Floors. Floor cavity insulation shall comply with one of the following: 1. Installation shall be installed to maintain permanent contact with the underside of the subfloor decking in accordance with manufacturer instructions to maintain required R-value or readily fill the available cavity space. 2. Floor framing cavity insulation shall be permitted to be in contact with the top side of sheathing separating the cavity and the unconditioned space below. Insulation shall extend from the bottom to the top of all perimeter floor framing members and the framing members shall be air sealed. 3. A combination of cavity and continuous insulation shall be installed so that the cavity insulation is in contact with the top side of the continuous insulation that is installed on the underside of the floor framing separating the cavity and the unconditioned space below. The combined R-value of the cavity and continuous insulation shall equal the required R-value for floors. Insulation shall extend from the bottom to the top of all perimeter floor framing members and the framing members shall be air sealed. R402.2.8 Basement walls. Basement walls shall be insulated in accordance with Table R402.1.3. Exception: Basement walls associated with unconditioned basements where all of the following requirements are met: 1. The floor overhead, including the underside stairway stringer leading to the basement, is insulated in accordance with Section R402.1.3 and applicable provisions of Sections R402.2 and R402.2.7. 2. There are no uninsulated duct, domestic hot water, or hydronic heating surfaces exposed to the basement. 3. There are no HVAC supply or return diffusers serving the basement. 4. The walls surrounding the stairway and adjacent to conditioned space are insulated in accordance with Section R402.1.3 and applicable provisions of Section R402.2. 5. The door(s) leading to the basement from conditioned spaces are insulated in accordance with Sections R402.1.3 and applicable provisions of Section R402.2, and weatherstripped in accordance with Section R402.4. 6. The building thermal envelope separating the basement from adjacent conditioned spaces complies with Section R402.4. R402.2.8.1 Basement wall insulation installation. Where basement walls are insulated, the insulation shall be installed from the top of the basement wall down to 10 feet (3048 mm) below grade or to the basement floor, whichever is less. R402.2.9 Slab-on-grade floors. Slab-on-grade floors with a floor surface less than 24 12 inches (305 mm) below grade shall be insulated in accordance with Table R402.1.3. Heated slab-on-grade floors shall be insulated in accordance with Table R402.1.3 footnote d regardless of depth below grade. Exception: Slab-edge insulation is not required in jurisdictions designated by the code official as having a very heavy termite infestation. R402.2.9.1 Slab-on-grade floor insulation installation. Where installed, the insulation shall extend downward from the top of the slab on the outside or inside of the foundation wall. Insulation located below grade shall be extended the distance provided in Table R402.1.3 or the distance of the proposed design, as applicable, by any combination of vertical insulation, insulation extending under the slab or insulation extending out from the building. Insulation extending away from the building shall be protected by pavement or by not less than 10 inches (254 mm) of soil. The top edge of the insulation installed between the exterior wall and the edge of the interior slab shall be permitted to be cut at a 45-degree (0.79 rad) angle away from the exterior wall. R402.2.10 Crawl space walls. Crawl space walls shall be insulated in accordance with Table R402.1.3. Exception: Crawl space walls associated with a crawl space that is vented to the outdoors and the floor over- head is insulated in accordance with Table R402.1.3 and Section R402.2.7. R402.2.10.1 Crawl space wall insulation installations. Where crawl space wall insulation is installed, it shall be permanently fastened to the wall and shall extend downward from the floor to the finished grade elevation and then vertically or horizontally for not less than an additional 24 inches (610 mm). Exposed earth in unvented crawl space foundations shall be covered with a continuous Class I vapor retarder in accordance with the International Building Code or International Residential Code, as applicable. Joints of the vapor retarder shall overlap by 6 inches (153 mm) and be sealed or taped. The edges of the vapor retarder shall extend not less than 6 inches (153 mm) up stem walls and shall be attached to the stem walls. R402.2.11 Masonry veneer. Insulation shall not be required on the horizontal portion of a foundation that supports a masonry veneer. R402.2.12 Sunroom and heated garage insulation. Sunrooms enclosing conditioned space and heated garages shall meet the insulation requirements of this code. Exception: For sunrooms and heated garages provided thermal isolation, and enclosed conditioned space, the following exceptions to the insulation requirements of this code shall apply: 1. The minimum ceiling insulation R-values shall be R-19 in Climate Zones 0 through 4 and R-24 in Climate Zones 5 through 8. Ceilings separating a sunroom or heated garage with thermal isolation from conditioned space shall comply with the building thermal envelope requirements of this code. 2. The minimum wall insulation R-value shall be R-13 in all climate zones. Walls separating a sunroom or heated garage with thermal isolation from conditioned space shall comply with the building thermal envelope requirements of this code. R402.2.13 Thermal bridges in above-grade walls. Thermal bridges in above-grade walls shall comply with Sections R402.2.13.1 through R402.13.3 or an approved design. Exceptions: 1. Any thermal bridge with a material thermal conductivity not greater than 3.0 Btu/h-ft-°F. 2. Blocking, coping, flashing, and other similar materials for attachment of roof coverings. 3. Thermal bridges accounted for in the U-factor or C-factor for a building thermal envelope. R402.2.13.1 Balconies and floor decks. Balconies and concrete floor decks shall not penetrate the building thermal envelope. Such assemblies shall be separately supported or shall be supported by approved structural attachments or elements that minimize thermal bridging through the building thermal envelope. Exceptions: Balconies and concrete floor decks shall be permitted to penetrate the building thermal envelope where: 1. an area-weighted U-factor is used for above-grade wall compliance which includes a U-factor of 0.8 Btu/h-°F-ft2 for the area of the above-grade wall penetrated by the concrete floor deck, or 2. an approved thermal break device of not less than R-10 is installed in accordance with the manufacturer's instructions. R402.2.13.2 Cladding supports. Linear elements supporting opaque cladding shall be off-set from the structure with attachments that allow the continuous insulation, where present, to pass behind the cladding support element. Exceptions: 1. An approved design where the above-grade wall U-factor used for compliance accounts for the cladding support element thermal bridge. 2. Anchoring for curtain wall and window wall systems. R402.2.13.3 Structural beams and columns. Structural steel and concrete beams and columns that project through the building thermal envelope shall be covered with not less than R-5 insulation for not less than 2-feet (610 mm) beyond the interior or exterior surface of an insulation component within the building thermal envelope. Exceptions: 1. Where an approved thermal break device is installed in accordance with the manufacturer's instructions. 2. An approved design where the above-grade wall U-factor used to demonstrate compliance accounts for the beam or column thermal bridge. R402.3 Fenestration. In addition to the requirements of Section R402.1, fenestration shall comply with Sections R402.3.1 through R402.3.57. R402.3.1 U-factor. An area-weighted average of fenestration products shall be permitted to satisfy the U-factor requirements. R402.3.2 Glazed fenestration SHGC. An area-weighted average of fenestration products more than 50-percent glazed shall be permitted to satisfy the SHGC requirements. Dynamic glazing shall be permitted to satisfy the SHGC requirements of Table R402.1.2 provided that the ratio of the higher to lower labeled SHGC is greater than or equal to 2.4, and the dynamic glazing is automatically controlled to modulate the amount of solar gain into the space in multiple steps. Dynamic glazing shall be considered separately from other fenestration, and area- weighted averaging with other fenestration that is not dynamic glazing shall be prohibited. Exception: Dynamic glazing shall not be required to comply with this section where both the lower and higher labeled SHGC comply with the requirements of Table R402.1.2. R402.3.3 Glazed fenestration exemption. Not greater than 15 square feet (1.4 m2) of glazed fenestration per dwelling unit shall be exempt from the U-factor and SHGC requirements in Section R402.1.2. This exemption shall not apply to the Total UA alternative in Section R402.1.5. R402.3.4 Opaque door exemption. One side-hinged or pivot opaque door assembly not greater than 24 40 square feet (2.22 m2) in area shall be exempt from the U-factor requirement in Section R402.1.2. This exemption shall not apply to the Total UA alternative in Section R402.1.5. R402.3.5 Sunroom and heated garage fenestration. Sunrooms and heated garages enclosing conditioned space shall comply with the fenestration requirements of this code. Exception: In Climate Zones 2 through 8, for Sunrooms and heated garages with thermal isolation and enclosing conditioned space, the fenestration U- factor shall not exceed 0.45 and the skylight U-factor shall not exceed 0.70. This fenestration will count toward the maximum area in section R402.3.6. New fenestration separating a sunroom or heated garage with thermal isolation from conditioned space shall comply with the building thermal envelope requirements of this code. R402.3.6 Maximum area. The vertical fenestration area, not including opaque doors and opaque spandrel panels, shall be not greater than 30 percent of the gross above grade wall area enclosing conditioned space. The skylight area shall be not greater than 3 percent of the gross roof area over conditioned space. R402.3.7 Panes. Vertical fenestration shall be triple glazed with a minimum of one factory applied low-e coating. Exceptions: 1. Vertical fenestration that meets the U-factor of table R402.1.3 using air fill. 2. Doors. R402.4 Air leakage. The building thermal envelope shall be constructed to limit air leakage in accordance with the requirements of Sections R402.4.1 through R402.4.5. R402.4.1 Building thermal envelope. The building thermal envelope shall comply with Sections R402.4.1.1 through R402.4.1.3. The sealing methods between dissimilar materials shall allow for differential expansion and contraction. R402.4.1.1 Installation. The components of the building thermal envelope as indicated in Table R402.4.1.1 shall be installed in accordance with the manufacturer’s instructions and the criteria indicated in Table R402.4.1.1, as applicable to the method of construction. Where required by the code official, an approved third party shall inspect all components and verify compliance. TABLE R402.4.1.1 AIR BARRIER, AIR SEALING AND INSULATION INSTALLATIONa COMPONENT AIR BARRIER CRITERIA INSULATION INSTALLATION CRITERIA General requirements A continuous air barrier shall be installed in the building envelope. Breaks or joints in the air barrier shall be sealed. Air-permeable insulation shall not be used as a sealing material. Ceiling/attic The air barrier in any dropped ceiling or soffit shall be aligned with the insulation and any gaps in the air barrier shall be sealed. Access openings, drop down stairs or knee wall doors to unconditioned attic spaces shall be sealed. The insulation in any dropped ceiling/soffit shall be aligned with the air barrier. Walls The junction of the foundation and sill plate shall be sealed. The junction of the top plate and the top of exterior walls shall be sealed. Knee walls shall be sealed. Cavities within corners and headers of frame walls shall be insulated by completely filling the cavity with a material having a thermal resistance, R- value, of not less than R-3 per inch. Exterior thermal envelope insulation for framed walls shall be installed in substantial contact and continuous alignment with the air barrier. Windows, skylights and doors The space between framing and skylights, and the jambs of windows and doors, shall be sealed. — Rim joists Rim joists shall include an exterior air barrier.b The junctions of the rim board to the sill plate and the rim board and the subfloor shall be air sealed. Rim joists shall be insulated so that the insulation maintains permanent contact with the exterior rim joist board.ᵇ Floors, including cantilevered floors and floors above garages The air barrier shall be installed at any exposed edge of insulation. Floor framing cavity insulation shall be installed to maintain permanent contact with the underside of subfloor decking floor sheathing. Alternatively, floor framing cavity insulation shall be in contact with the top side of sheathing, or Continuous insulation installed on the underside of floor framing and extending from the bottom to the top of all perimeter floor framing members. Basement crawl space and slab foundations Exposed earth in unvented crawl spaces shall be covered with a Class I vapor retarder/air barrier in accordance with Section R402.2.10. Penetrations through masonry and concrete foundation walls and slabs shall be air sealed. Class 1 vapor retarders shall not be used as an air barrier on below-grade walls and shall be installed in accordance with Section R702.7 of the International Residential Code. 1404.3 of the International Building Code Crawl space insulation, where provided instead of floor insulation, shall be installed in accordance with Section R402.2.10. Conditioned basement foundation wall insulation shall be installed in accordance with Section R402.2.8.1. Slab-on-grade floor insulation shall be installed in accordance with Section R402.2.9.1 Shafts, penetrations Duct and flue shafts to exterior or unconditioned space shall be sealed. Utility penetrations of the air barrier shall be caulked, gasketed or otherwise sealed and shall allow for expansion, contraction of materials and mechanical vibration. Insulation shall be fitted tightly around utilities passing through shafts and penetrations in the building thermal envelope to maintain required R-value. Narrow cavities Narrow cavities of 1 inch or less that are not able to be insulated shall be air sealed. Batts to be installed in narrow cavities shall be cut to fit or narrow cavities shall be filled with insulation that on installation readily conforms to the available cavity space. Garage separation Air sealing shall be provided between the garage and conditioned spaces. Insulated portions of the garage separation assembly shall be installed in accordance with Sections R303 and R402.2.7. a. Inspection of log walls shall be in accordance with the provisions of ICC 400. b. Air barrier and insulation full enclosure is not required in unconditioned/ventilated attic spaces and at rim joists. R402.4.1.2 Testing and maximum air leakage rate. The building or each dwelling unit in the building shall be tested for air leakage. The maximum air leak- age rate for any building or dwelling unit under any compliance path shall not exceed 4.0 5.0 air changes per hour or 0.22 0.28 cubic feet per minute (CFM) per square foot [0.0079 m3/(s × m2)] of dwelling unit enclosure area. 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. Exception: 1. For heated, attached private garages and heated, detached private garages accessory to one- and two-family dwellings and townhouses not more than three stories above grade plane in height, building envelope tightness and insulation installation shall be considered acceptable where the items in Table R402.4.1.1, applicable to the method of construction, are field verified. Where required by the code official, an approved third party independent from the installer shall inspect both air barrier and insulation installation criteria. Heated, attached private garage space and heated, detached private garage space shall be thermally isolated have thermal isolation from all other habitable, conditioned spaces in accordance with Sections R402.2.12 and R402.3.5, as applicable. During testing: 1. Exterior windows and doors, fireplace and stove doors shall be closed, but not sealed, beyond the intended weatherstripping or other infiltration control measures. 2. Dampers including exhaust, intake, makeup air, backdraft and flue dampers shall be closed, but not sealed beyond intended infiltration control measures. 3. Interior doors, where installed at the time of the test, shall be open. 4. Exterior or interior terminations for continuous ventilation systems shall be sealed. 5. Heating and cooling systems, where installed at the time of the test, shall be turned off. 6. Supply and return registers, where installed at the time of the test, shall be fully open. Exception: When testing individual dwelling units, an air leakage rate not exceeding0.30 cubic feet per minute per square foot [0.008 m3/(s × m2)] of the dwelling unit enclosure area, tested in accordance with ANSI/RESNET/ICC 380, ASTM E779 or ASTM E1827 and reported at a pressure of 0.2 inch w.g. (50 Pa), shall be an accepted alternative permitted in all climate zones for: 1. Attached single and multiple- family building dwelling units. 2. Buildings or dwelling units that are 1,500 square feet (139.4 m2) or smaller. Mechanical ventilation shall be provided in accordance with Section M1505 of the International Residential Code or Section 403.3.2 of the International Mechanical Code, as applicable, or with other approved means of ventilation. R402.4.1.3 Maximum air leakage rate. The maximum air leak-age rate for any building or dwelling unit under any compliance path shall not exceed 5.0 air changes per hour or 0.28 cubic feet per minute (CFM) per square foot [0.0079 m3/(s × m2)] of dwelling unit enclosure area. R402.4.1.4 Prescriptive air leakage rate. When complying with Section R401.2.1, the building or dwelling unit shall have an air leakage rate not exceeding 5.0 air changes per hour in Climate Zones 0, 1 and 2, and 3.0 1.5 air changes per hour in Climate Zones 3 through 8, when tested in accordance with Section R402.4.1.2. Exception: When testing individual dwelling units, an air leakage rate not exceeding 0.27 0.30 cubic feet per minute per square foot of the dwelling unit enclosure area, tested in accordance with ANSI/RESNET/ICC 380, ASTM E779 or ASTM E1827 and reported at a pressure of 0.2 inch w.g. (50 Pa), shall be an accepted alternative for: 1.1 Multiple- family building dwelling units. 1.2 Dwelling units that are 1,500 square feet (139.4 m2) or smaller. R402.4.2 Fireplaces. New wood-burning fireplaces shall have tight-fitting flue dampers or doors, and outdoor combustion air. Where using tight-fitting doors on factory-built fireplaces listed and labeled in accordance with UL 127, the doors shall be tested and listed for the fireplace. New wood-burning fireplaces shall comply with Aspen Municipal Code Title 13 and be installed per manufacturer’s instructions. R402.4.3 Fenestration air leakage. Windows, skylights and sliding glass doors shall have an air infiltration rate of not greater than 0.3 cfm per square foot (1.5 L/s/m2), and for swinging doors, not greater than 0.5 cfm per square foot (2.6 L/s/m2), when tested in accordance with NFRC 400 or AAMA/WDMA/CSA 101/I.S.2/A440 by an accredited, independent laboratory and listed and labeled by the manufacturer. Exception: Site-built windows, skylights and doors. R402.4.4 Rooms containing fuel-burning appliances. In Climate Zones 3 through 8, where Where open combustion air ducts provide combustion air to open combustion fuel- burning appliances, the appliances and combustion air opening shall be located outside the building thermal envelope or enclosed in a room that is isolated from inside the thermal envelope. Such rooms shall be sealed and insulated in accordance with the envelope requirements of Table R402.1.3, where the walls, floors and ceilings shall meet a minimum of the basement wall R- value requirement. The door into the room shall be fully gasketed and any water lines and ducts in the room insulated in accordance with Section R403. The combustion air duct shall be insulated where it passes through conditioned space to an R-value of not less than R-8. Exceptions: 1. Direct vent appliances with both intake and exhaust pipes installed continuous to the outside. 2. Wood burning fireplaces and stoves complying with Aspen Municipal Code Title 13 and installed per manufacturer’s instructions. Section R402.4.2 and Section R1006 of the International Residential Code. R402.4.5 Recessed lighting. Recessed luminaires installed in the building thermal envelope shall be sealed to limit air leakage between conditioned and unconditioned spaces. Recessed luminaires shall be IC-rated and labeled as having an air leakage rate of not greater than 2.0 cfm (0.944 L/s) when tested in accordance with ASTM E283 at a pressure differential of 1.57 psf (75 Pa). Recessed luminaires shall be sealed with a gasket or caulked between the housing and the interior wall or ceiling covering. R402.4.6 Electrical and communication outlet boxes (air-sealed boxes). Electrical and communication outlet boxes installed in the building thermal envelope shall be sealed to limit air leakage between conditioned and unconditioned spaces. Electrical and communication outlet boxes shall be tested in accordance with NEMA OS 4, Requirements for Air-Sealed Boxes for Electrical and Communication Applications, and shall have an air leak- age rate of not greater than 2.0 cubic feet per minute (0.944 L/s) at a pressure differential of 1.57 psf (75 Pa). Electrical and communication outlet boxes shall be marked “NEMA OS 4” or “OS 4” in accordance with NEMA OS 4. Electrical and communication outlet boxes shall be installed per the manufacturer’s instructions and with any supplied components required to achieve compliance with NEMA OS 4. R402.5 Maximum fenestration U-factor and SHGC. The area-weighted average maximum fenestration U-factor permitted using tradeoffs from Section R402.1.5 or R405 shall be 0.48 in Climate Zones 4 and 5 and 0.40 in Climate Zones 6 through 8 for vertical fenestration, and 0.75 in Climate Zones 4 through 8 for skylights. The area- weighted average maximum fenestration SHGC permitted using tradeoffs from Section R405 in Climate Zones 0 through 3 shall be 0.40. Exception: The maximum U-factor and solar heat gain coefficient (SHGC) for fenestration shall not be required in storm shelters complying with ICC 500. SECTION R403 SYSTEMS R403.1 Controls. Not less than one thermostat shall be provided for each separate heating and cooling system. R403.1.1 Programmable thermostat. The thermostat controlling the primary heating and cooling system of the dwelling unit shall be capable of controlling the heating and cooling system on a daily schedule to maintain different temperature set points at different times of day and different days of the week. This thermostat shall include the capability to set back or temporarily operate the system to maintain zone temperatures of not less than 55°F (13°C) to not greater than 85°F (29°C). The thermostat shall be programmed initially by the manufacturer with a heating temperature setpoint of not greater than 70°F (21°C) and a cooling temperature setpoint of not less than 78°F (26°C). R403.1.2 Heat pump supplementary heat. Heat pumps having supplementary electric-resistance heat combustion equipment or electric resistance equipment for supplementary space heating shall have controls that, except during defrost, are configured to prevent supplemental heat operation when the capacity of the heat pump compressor can meet the heating load. and limit supplemental heat operation to only those times when one of the following applies: 1. For space heating systems, the vapor compression cycle cannot provide the necessary heating energy to satisfy the thermostat setting. Exception: For forced-air systems, the vapor compression cycle cannot provide a supply air temperature of 85°F or greater 2. The heat pump is operating in defrost mode. 3. The vapor compression cycle malfunctions. 4. For space heating systems, the thermostat malfunctions. R403.1.3 Continuously burning pilot light Gas fireplace systems and heaters are not permitted to be equipped with a continuously burning pilot light. Exception: Any fireplace or heater equipped with an on-demand, intermittent or interrupted ignition pilot light (as defined in ANSI Z21.20) is not considered to have a continuously burning pilot light. R403.2 Hot water boiler temperature reset. The manufacturer shall equip each gas, oil and electric boiler (other than a boiler equipped with a tankless domestic water heating coil) with automatic means of adjusting the water temperature supplied by the boiler to ensure incremental change of the inferred heat load will cause an incremental change in the temperature of the water supplied by the boiler. This can be accomplished with outdoor reset, indoor reset or water temperature sensing. R403.3 Ducts. Ducts and air handlers shall be installed in accordance with Sections R403.3.1 through R403.3.7. R403.3.1 Ducts located outside conditioned space. Supply and return ducts located outside conditioned space shall be insulated to an R-value of not less than R-8 for ducts 3 inches (76 mm) in diameter and larger and not less than R-6 for ducts smaller than 3 inches (76 mm) in diameter. Ducts buried beneath a building shall be insulated as required per this section or have an equivalent thermal distribution efficiency. Underground ducts utilizing the thermal distribution efficiency method shall be listed and labeled to indicate the R-value equivalency. R403.3.2 Ducts located in conditioned space. For ductwork to be considered inside a conditioned space, it shall comply with one of the following: 1. The duct system shall be located completely within the continuous air barrier and within the building thermal envelope. 2. Ductwork in ventilated attic spaces shall be buried within ceiling insulation in accordance with Section R403.3.3 and all of the following conditions shall exist: 2.1. The air handler is located completely within the continuous air barrier and within the building thermal envelope. 2.2. The duct leakage, as measured either by a rough-in test of the ducts or a post- construction total system leakage test to outside the building thermal envelope in accordance with Section R403.3.6, is less than or equal to 1.5 cubic feet per minute (42.5 L/min) per 100 square feet (9.29 m2) of conditioned floor area served by the duct system. 2.3. The ceiling insulation R-value installed against and above the insulated duct is greater than or equal to the proposed ceiling insulation R-value, less the R-value of the insulation on the duct. 3. Ductwork in floor cavities located over unconditioned space shall comply with all of the following: 3.1. A continuous air barrier installed between unconditioned space and the duct. 3.2. Insulation installed in accordance with Section R402.2.7. 3.3. A minimum R-19 insulation installed in the cavity width separating the duct from unconditioned space. 4. Ductwork located within exterior walls of the building thermal envelope shall comply with the following: 4.1. A continuous air barrier installed between unconditioned space and the duct. 4.2. Minimum R-10 insulation installed in the cavity width separating the duct from the outside sheathing or a minimum R5 Continuous insulation on the exterior side of the wall. 4.3. The remainder of the cavity insulation shall be fully insulated to the drywall side. R403.3.3 Ducts buried within ceiling insulation. Where supply and return air ducts are partially or completely buried in ceiling insulation, such ducts shall comply with all of the following: 1. The supply and return ducts shall have an insulation R-value not less than R-8. 2. At all points along each duct, the sum of the ceiling insulation R-value against and above the top of the duct, and against and below the bottom of the duct, shall be not less than R-19, excluding the R- value of the duct insulation. 3. In Climate Zones 0A, 1A, 2A and 3A, the supply ducts shall be completely buried within ceiling insulation, insulated to an R-value of not less than R-13 and in compliance with the vapor retarder requirements of Section 604.11 of the International Mechanical Code or Section M1601.4.6 of the International Residential Code, as applicable. Exception: Sections of the supply duct that are less than 3 feet (914 mm) from the supply outlet shall not be required to comply with these requirements. R403.3.3.1 Effective R-value of deeply buried ducts. Where using the Total Building Performance Compliance Option in accordance with Section R401.2.2, sections of ducts that are installed in accordance with Section R403.3.3, located directly on or within 5.5 inches (140 mm) of the ceiling, surrounded with blown-in attic insulation having an R-value of R-30 or greater and located such that the top of the duct is not less than 3.5 inches (89 mm) below the top of the insulation, shall be considered as having an effective duct insulation R-value of R- 25. R403.3.4 Sealing. Ducts, air handlers and filter boxes shall be sealed. Joints and seams shall comply with either the International Mechanical Code or International Residential Code, as applicable. R403.3.4.1 Sealed air handler. Air handlers shall have a manufacturer’s designation for an air leakage of not greater than 2 percent of the design airflow rate when tested in accordance with ASHRAE 193. R403.3.5 Duct testing. Ducts shall be pressure tested in accordance with ANSI/RESNET/ICC 380 or ASTM E1554 to determine air leakage by one of the following methods: 1. Rough-in test: Total leakage shall be measured with a pressure differential of 0.1 inch w.g. (25 Pa) across the system, including the manufacturer’s air handler enclosure if installed at the time of the test. Registers shall be taped or otherwise sealed during the test. 2. Postconstruction test: Total leakage shall be measured with a pressure differential of 0.1 inch w.g. (25 Pa) across the entire system, including the manufacturer’s air handler enclosure. Registers shall be taped or otherwise sealed during the test. A written report of the results of the test shall be signed by the party conducting the test and provided to the code official. Exceptions: 1. A duct air-leakage test shall not be required for ducts serving ventilation systems that are not integrated with ducts serving heating or cooling systems. 2. A duct air-leakage test shall not be required for ducts located entirely within the thermal envelope. R403.3.6 Duct leakage. The total leakage of the ducts, where measured in accordance with Section R403.3.5, shall be as follows: 1. Rough-in test: The total leakage shall be less than or equal to 4.0 cubic feet per minute (113.3 L/min) per 100 square feet (9.29 m2) of conditioned floor area where the air handler is installed at the time of the test. Where the air handler is not installed at the time of the test, the total leakage shall be less than or equal to 3.0 cubic feet per minute (85 L/min) per 100 square feet (9.29 m2) of conditioned floor area. 2. Postconstruction test: Total leakage shall be less than or equal to 4.0 cubic feet per minute (113.3 L/min) per 100 square feet (9.29 m2) of conditioned floor area. 3. Test for ducts within thermal envelope: Where all ducts and air handlers are located entirely within the building thermal envelope, total leakage shall be less than or equal to 8.0 cubic feet per minute (226.6 L/min) per 100 square feet (9.29 m2) of conditioned floor area. R403.3.7 Building cavities. Building framing cavities shall not be used as ducts or plenums. R403.4 Mechanical system piping insulation. Mechanical system piping capable of carrying fluids greater than 105°F (41°C) or less than 55°F (13°C) shall be insulated to an R- value of not less than R-3. R403.4.1 Protection of piping insulation. Piping insulation exposed to weather shall be protected from damage, including that caused by sunlight, moisture, equipment maintenance and wind. The protection shall provide shielding from solar radiation that can cause degradation of the material. Adhesive tape shall be prohibited. R403.5 Service hot water systems. Energy conservation measures for service hot water systems shall be in accordance with Sections R403.5.1 through R403.5.3. R403.5.1 Heated water circulation and temperature maintenance systems. Heated water circulation systems shall be in accordance with Section R403.5.1.1. Heat trace temperature maintenance systems shall be in accordance with Section R403.5.1.2. Automatic controls, temperature sensors and pumps shall be in a location with access. Manual controls shall be in a location with ready access. R403.5.1.1 Circulation systems. Heated water circulation systems shall be provided with a circulation pump. The system return pipe shall be a dedicated return pipe or a cold-water supply pipe. Gravity and thermosyphon circulation systems shall be prohibited. Controls for circulating hot water system pumps shall automatically turn off the pump when the water in the circulation loop is at the desired temperature and when there is no demand for hot water. The controls shall limit the temperature of the water entering the cold-water piping to not greater than 104ºF (40ºC). R403.5.1.1.1 Demand recirculation water systems. Where installed, demand recirculation water systems shall have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance, sensing the presence of a user of a fixture or sensing the flow of hot or tempered water to a fixture fitting or appliance. R403.5.1.2 Heat trace systems. Electric heat trace systems shall comply with IEEE 515.1 or UL 515, as well as the requirements of R403.11. Controls for such systems shall automatically adjust the energy input to the heat tracing to maintain the desired water temperature in the piping in accordance with the times when heated water is used in the occupancy. R403.5.2 Hot water pipe insulation. Insulation for service hot water piping with a thermal resistance, R- value, of not less than R-3 shall be applied to the following: 1. Piping 3/4 inch (19.1 mm) and larger in nominal diameter located inside the conditioned space. 2. Piping serving more than one dwelling unit. 3. Piping located outside the conditioned space. 4. Piping from the water heater to a distribution manifold. 5. Piping located under a floor slab. 6. Buried piping. 7. Supply and return piping in circulation and recirculation systems other than cold water pipe return demand recirculation systems. R403.5.3 Drain water heat recovery units. Where installed, drain water heat recovery units shall comply with CSA B55.2. Drain water heat recovery units shall be tested in accordance with CSA B55.1. Potable water-side pressure loss of drain water heat recovery units shall be less than 3 psi (20.7 kPa) for individual units connected to one or two showers. Potable water-side pressure loss of drain water heat recovery units shall be less than 2 psi (13.8 kPa) for individual units connected to three or more showers. R403.6 Mechanical ventilation. New buildings complying with Section R402.4.1 shall be provided with ventilation that complies with the requirements of the International Residential Code or International Mechanical Code, as applicable, or with other approved means of ventilation. Outdoor air intakes and exhausts shall have automatic or gravity dampers that close when the ventilation system is not operating. R403.6.1 Heat or energy recovery ventilation. Dwelling units shall be provided with a heat recovery (HRV) or energy recovery (ERV) ventilation system in Climate Zones 7 and 8. The system shall be a balanced ventilation system with a minimum sensible heat recovery efficiency of 65 percent at 32°F (0°C) at an airflow greater than or equal to the design airflow. The SRE shall be determined from a listed value or from interpolation of listed values. R403.6.2 Whole-dwelling mechanical ventilation system fan efficacy. Fans used to provide whole-dwelling mechanical ventilation shall meet the efficacy requirements of Table R403.6.2 at one or more rating points. Fans shall be tested in accordance with HVI 916 the test procedure referenced by Table R403.6.2 and listed. The airflow shall be reported in the product listing or on the label. Fan efficacy shall be reported in the product listing or shall be derived from the input power and airflow values reported in the product listing or on the label. Fan efficacy for fully ducted HRV, ERC ERV, balanced, and in-line fans shall be determined at a static pressure of not less than 0.2 inch w.c. (49.85 Pa). Fan efficacy for ducted range hoods, bathroom and utility room fans shall be determined at a static pressure of not less than 0.1 inch w.c. (24.91 Pa). TABLE R403.6.2 WHOLE-DWELLING MECHANICAL VENTILATION SYSTEM FAN EFFICACYa FAN LOCATION AIRFLOW RATE MINIMUM (CFM) MINIMUM EFFICACY (CFM/WATT) TEST PROCEDURE HRV, ERV Any 1.2 cfm/watt CAN/CSA 439 Range hood Any 2.8 ASHRAE 51 (ANSI/AMCA Standard 210) In-line supply or exhaust fan Any 3.8 cfm/watt Other exhaust fan < 90 2.8 cfm/watt ≥ 90 and < 200 3.5 cfm/watt ≥ 200 4.0 Air-handler that is integrated to tested and listed HVAC equipment Any 1.2 cfm/watt Outdoor airflow as specified. Air-handler fan power determined in accordance with the HVAC appliance's test method referenced by Section C403.3.2 of the IECC- Commercial Provisions. For SI: 1 cubic foot per minute = 28.3 L/min. a. Design outdoor airflow rate/watts of fan used. R403.6.3 Testing. Mechanical ventilation systems used to provide the required whole-dwelling mechanical ventilation shall be tested and verified to provide the minimum ventilation flow rates required by Section R403.6, in accordance with ANSI/RESNET/ICC 380. Testing shall be performed according to the ventilation equipment manufacturer’s instructions, or by using a flow hood or box, flow grid, or other airflow measuring device at the mechanical ventilation fan’s inlet terminals or grilles, outlet terminals or grilles, or in the connected ventilation ducts. 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. Exception: Kitchen range hoods that are ducted to the outside with 6-inch (152 mm) or larger duct and not more than one 90-degree (1.57 rad) elbow or equivalent in the duct run. A third-party test shall not be required where the ventilation system has an integrated diagnostic tool used for airflow measurement, programmable airflow settings, and a user interface that communicates the installed airflow rate. R403.7 Equipment sizing and efficiency rating. Heating and cooling equipment shall be sized in accordance with ACCA Manual S based on building loads calculated in accordance with ACCA Manual J or other approved heating and cooling calculation methodologies. New or replacement heating and cooling equipment shall have an efficiency rating equal to or greater than the minimum required by federal law for the geographic location where the equipment is installed. R403.7 Packaged and split system cooling equipment. Where forced air systems are provided with split system cooling equipment, that equipment shall be a heat pump sized and configured to provide primary heat for the forced air system. R403.8 Systems serving multiple dwelling units. Systems serving multiple dwelling units shall comply with Sections C403 and C404 of the International Energy Conservation Code—Commercial Provisions instead of Section R403. R403.9 Snow and ice melting systems Snow- and ice-melting systems shall comply with R403.9.1 through R403.9.3. R403.9.1 Snow melt and ice system controls. Snow- and ice- melting systems, supplied through energy service to the building, shall include automatic controls capable of shutting that are 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). Exception: Heat mats that are controlled by a factory installed thermostat configured to energize the mat when the outdoor temperature is less than 35°F maximum and configured to deenergize the mat when the outdoor temperature is greater than 50°F maximum. R403.9.2 Insulation. R-10 insulation shall be installed under the snow melted surface. Exceptions: 1. Integrated pedestal system products over conditioned space or on above grade decks with minimum R-4 integral insulation plus minimum R-6 insulation under the air space. 2. Heat mats R403.9.3 Equipment. Electric resistance and heat pump heaters are permitted. Where condensing boilers are used, the boiler supply water temperature shall be 130°F maximum to allow for efficient boiler operation. R403.10 Roof and gutter deicing controls. Roof and gutter deicing systems, including but not limited to self- regulating cable, shall include automatic controls configured to shut off the system when the outdoor temperature is above 40°F (4°C). Such controls shall include one of the following: 1. A moisture sensor configured to shut off the system in the absence of moisture, or 2. A daylight sensor or other means configured to shut off the system between sunset and sunrise. R403.11 Freeze protection system controls. Freeze protection systems, such as heat tracing of outdoor piping and heat exchangers, including self-regulating heat tracing, shall include automatic controls that are configured to shutoff the systems when the outdoor air temperature is greater than 40°F (4°C) or when the conditions of the protected fluid will prevent freezing. R403.12 Energy consumption of pools and spas. The energy consumption of pools and permanent spas shall be controlled by the requirements in Sections R403.10.1 through R403.10.3. R403.12.1 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 a continuously burning ignition pilots comply with Section R403.1.3. Electric resistance and heat pump heaters are permitted. Where condensing boilers are used, the boiler supply water temperature shall be a maximum of 130F to allow for efficient boiler operation. R403.12.2 Time switches. Time switches or other control methods that can automatically turn heaters and pump motors off and on according to a preset schedule shall be installed for heaters and pump motors. Heaters and pump motors that have built-in time switches shall be in compliance with this section. Exceptions: 1. Where public health standards require 24-hour pump operation. 2. Pumps that operate solar- and waste-heat- recovery pool heating systems. R403.12.3 Covers. Outdoor heated pools and outdoor permanent spas shall be provided with a vapor-retardant cover with minimum insulation value of R-2.or other approved vapor-retardant means. Exception: Where more than 75 percent of the energy for heating, computed over an operation season of not fewer than 3 calendar months, is from a heat pump or an on-site renewable energy system, covers or other vapor- retardant means shall not be required. R403.13 Portable spas. The energy consumption of electric-powered portable spas shall be controlled by the requirements of APSP 14. R403.13.1 Covers. Portable spas shall be provided with a cover with a minimum insulation value of R-12. R403.14 Residential pools and permanent residential spas. Where installed, the energy consumption of residential swimming pools and permanent residential spas shall be controlled in accordance with the requirements of APSP 15. Swimming pools and permanent spas shall have insulation on the sides and bottom surfaces located on the exterior. The type of insulation shall be impermeable and impervious to water logging or saturation and unaffected by water, mold, mildew, and have capability to resist compression. The insulation value shall be a minimum of R-15. R403.15 Heating outside a building. Systems installed to provide heat outside a building shall be electric systems or gas fireplaces or firepits. 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. R403.16 Cooling outside a building. Systems to provide cooling outside the building thermal envelope shall not be permitted. SECTION R404 ELECTRICAL POWER, AND LIGHTING, STORAGE, AND RENEWABLE ENERGY SYSTEMS R404.1 Lighting equipment. All permanently installed lighting fixtures, excluding kitchen appliance lighting fixtures, shall contain only high-efficacy lighting sources. R404.1.1 Exterior lighting. Connected exterior lighting for residential buildings shall comply with Section C405.5. Exceptions: 1. Detached one- and two- family dwellings. 2. Townhouses. 3. Solar-powered lamps not connected to any electrical service. 4. Luminaires controlled by a motion sensor. 5. Lamps and luminaires that comply with Section R404.1. R404.1.2 Fuel gas lighting equipment. Fuel gas lighting systems shall not be permitted have continuously burning pilot lights. R404.2 Interior lighting controls. All permanently installed lighting fixtures luminaires shall be controlled as required in Sections R404.2.1 and R404.2.2 with either a dimmer, an occupant sensor control or other control that is installed or built into the fixture. Exception: Lighting controls shall not be required for the following: 1. Bathrooms. 2. Hallways. 3. Exterior lighting fixtures. 4. Lighting designed for safety or security, including stairway illumination. R404.2.1 Habitable spaces All permanently installed luminaires in habitable spaces shall be controlled with a dimmer or an automatic shut-off control that capable of automatically turns turning off lights within 20 minutes after all occupants have left the space and shall incorporate a manual control to allow occupants to turn the lights on or off. R404.2.2 Specific locations All permanently installed luminaires in garages, laundry rooms, utility rooms, storage rooms, crawlspaces, and unfinished spaces in basements and attics shall be controlled by an automatic shut-off control that automatically turns off lights within 20 minutes after all occupants have left the space and shall incorporate a manual control to allow occupants to turn the lights on or off. R404.3 Exterior lighting controls. Exterior lighting controlled from within individual dwelling units shall comply with Section R404.3.1. Controls for all other exterior lighting shall comply with Sections C405.2.7 R404.3.1 Controls for individual dwelling units Exterior lighting controls. Where the total permanently installed exterior lighting power is greater than 30 watts, the permanently installed exterior lighting shall comply with the following: 1. Lighting shall be controlled by a manual on and off switch which permits automatic shut-off actions. Exception: Lighting serving multiple dwelling units. 2. Lighting shall be automatically shut off when daylight is present and satisfies the lighting needs. 3. Controls that override automatic shut-off actions shall not be allowed unless the override automatically returns automatic control to its normal operation within 24 hours. R404.4 Electric readiness of systems using fossil fuel: household clothes dryers and conventional cooking tops or conventional ovens shall comply with the requirements of Sections R404.4.1 through R404.4.3. R404.4.1 Cooking appliances. An individual branch circuit receptacle outlet with a rating not less than 250 240- volts, 40-amperes shall be installed, and terminate within three feet of conventional cooking tops, conventional ovens or cooking appliances combining both. Exception: Cooking appliances not installed in a dwelling unit. R404.4.2 Household clothes dryers. An individual branch circuit receptacle outlet with a rating not less than 240- volts, 30-amperes shall be installed, and terminate within three feet (304 mm) of each household clothes dryer. Exception: Clothes dryers that serve more than one dwelling unit and are located outside of a dwelling unit. R404.4.3 Electrification-ready circuits. The unused conductors required by Sections R404.4.1 through R404.4.2 shall be labeled with the word “spare.” Space shall be reserved in the electrical panel in which the branch circuit originates for the installation of an overcurrent device. Capacity for the circuits required by Sections R404.4.1 through R404.4.2 shall be included in the load calculations of the original installation. R404.5 Renewable energy infrastructure. The building shall comply with the requirements of R404.5.1 or R404.5.2. R404.5.1 One- and two- family dwellings and townhouses. One- and two-family dwellings and townhouses shall comply with Sections R404.5.1.1 through R404.5.1.4. Exceptions: 1. A dwelling unit with a permanently installed on-site renewable energy system. 2. A dwelling unit with less than 500 square feet (46m2) of roof area oriented between 110 degrees and 270 degrees of true north. 3. Dwelling units where 50 percent of the solar-ready area is shaded from direct-beam sunlight by natural objects or by structures that are not part of the building for more than 2500 annual hours between 8:00 a.m. and 4:00 p.m. R404.5.1.1 Solar-ready zone area. The total area of the solar-ready zone shall not be less than 250 square feet (23.2 m2) and shall be composed of areas not less than 5.5 feet (1676 mm) in one direction and not less than 80 square feet (7.4 m2) exclusive of access or set back areas as required by the International Fire Code. Exception: Dwelling units in townhouses three stories or less in height above grade plane and with a total floor area less than or equal to 2,000 square feet (186m2) per dwelling shall be permitted to have a solar-ready zone area of not less than 150 square feet (14 m2). R404.5.1.2 Obstructions. Solar-ready zones shall be free from obstructions, including but not limited to vents, chimneys, and roof-mounted equipment. R404.5.1.3 Electrical service reserved space. The main electrical service panel shall have a reserved space for a dual pole circuit breaker and shall be labeled “For Future Solar Electric.” The reserved space shall be at the opposite (load) end of the busbar from the primary energy source. R404.5.1.4 Electrical interconnection. An electrical junction box shall be installed within 24 inches (610 mm) 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 a minimum 1 inch (25 mm) nonflexible metallic conduit or permanently installed wire as approved by the code official. Where the interconnection terminates in the attic, location shall be no less than 12 inches (35 mm) above ceiling insulation. Both ends of the interconnection shall be labeled “For Future Solar Electric”. R404.5.2 Other Group R occupancies. Other Group R occupancies shall comply with Section C405.14. R404.6 Electric Vehicle Power Transfer Infrastructure. New automobile parking spaces for one- and two-family dwellings and townhouses shall be provided in accordance with Sections R404.6.1 through R404.6.5. New automobile parking spaces for R-2 occupancies shall comply with Section C405.13. R404.6.1 Quantity. New one- and two-family dwellings and townhouses with a designated attached or detached garage or other onsite private parking provided adjacent to the dwelling unit shall be provided with one EV- capable, EV-ready, or EVSE installed space per dwelling unit. R404.6.2 EV Capable Spaces. Each EV capable space used to meet the requirements of Section R404.6.1 shall comply with all of the following: 1. A continuous raceway or cable assembly shall be installed between an enclosure or outlet located within 3 feet (914 mm) of the EV capable space and a suitable panelboard or other onsite electrical distribution equipment. 2. Installed raceway or cable assembly shall be sized and rated to supply a minimum circuit capacity in accordance with R404.7.4 3. The electrical distribution equipment to which the raceway or cable assembly connects shall have sufficient dedicated space and spare electrical capacity for a 2-pole circuit breaker or set of fuses. 4. The electrical enclosure or outlet and the electrical distribution equipment directory shall be marked: "For future electric vehicle supply equipment (EVSE)." R404.6.3 EV Ready Spaces. Each branch circuit serving EV ready spaces shall comply with all of the following: 1. Terminate at a receptacle outlet, located within 3 feet (914 mm) of each EV ready space it serves. 2. Have a minimum circuit capacity in accordance with R404.6.4. 3. The panelboard or other electrical distribution equipment directory shall designate the branch circuit as "For electric vehicle supply equipment (EVSE)" and the outlet or enclosure shall be marked "For electric vehicle supply equipment (EVSE)." R404.6.4 Circuit Capacity. For one- and two-family dwellings and townhouses, the capacity of electrical infrastructure serving each EV capable space, EV ready space and EVSE space shall have a rated capacity not less than 8.3 kVA (or 40A at 208/240V) for each EV capable space, EV ready space or EVSE space it serves. Where a circuit is shared or managed it shall be in accordance with NFPA 70. R404.6.5 EVSE installation. For one- and two-family dwellings and townhouses, EVSE shall be installed in accordance with NFPA 70 and shall be listed and labeled in accordance with UL 2202 or UL 2594. R404.6.5.1 EVSE minimum charging rate. Each installed EVSE shall comply with one of the following: 1. Be capable of charging at a rate of not less than 6.2 kVA (or 30A at 208/240V). 2. Where serving EVSE spaces allowed to have a circuit capacity of not less than 2.7 kVA in accordance with R404.7.4.1 and controlled by an energy management system providing load management, be capable of simultaneously charging each EVSE space at a rate of not less than 2.1 kVA. R404.7 Electrical energy storage system ready. One- and two-family dwellings and townhouses shall be energy storage ready in accordance with Sections R404.7.1 through R404.7.4. Other Group R occupancies shall comply with Section C405.15. Exception: One- and two-family dwellings and townhouses with an installed Energy Storage System (ESS) with a minimum rated energy capacity of 5 kWh with a minimum of four ESS supplied branch circuits complying with RD103.3.4. R404.7.1 Energy storage system space. Interior or exterior space with dimensions and locations in accordance with Section 1207 of the International Fire Code and Section 110.26 of NFPA 70 shall be reserved to allow for the future installation of an energy storage system. R404.7.2 System Isolation Equipment Space. Space shall be reserved to allow for the future installation of a transfer switch within 3 feet (305mm) of the main panelboard. Raceways shall be installed between the panelboard and the transfer switch location to allow the connection of an ESS. R404.7.3 Panelboard with backed-up load circuits. A dedicated raceway from the main service to a panelboard that supplies the branch circuits served by the ESS. All branch circuits are permitted to be supplied by the main service panel prior to the installation of an ESS. The trade size of the raceway shall be not less than one inch. The panelboard that supplies the branch circuits shall be labeled "Subpanel reserved for future battery energy storage system to supply essential loads." R404.7.4 Branch circuits served by ESS. A minimum of four branch circuits shall be identified and have their source of supply collocated at a single panelboard supplied by the ESS. The following end uses shall be served by the branch circuits: 1. A refrigerator. 2. One lighting circuit near the primary egress. 3. A sleeping room receptacle outlet. R404.8 Inverters. Direct-current-to-alternating-current inverters serving on-site renewable energy systems or on-site electrical energy storage systems shall be compliant with IEEE 1547-2018a and UL 1741-2021. SECTION R405 TOTAL BUILDING PERFORMANCE R405.1 Scope. This section establishes criteria for compliance using total building performance analysis. Such analysis shall include heating, cooling, mechanical ventilation and service water-heating energy only. R405.2 Performance-based compliance. Compliance based on total building performance requires that a proposed design meets all of the following: 1. The requirements of the sections indicated within Table R405.2. 2. The proposed total building thermal envelope UA, which is the sum of the U-factor times assembly area, shall be greater less than or equal to the building thermal envelope UA using the prescriptive U-factors from Table R402.1.2 multiplied by 1.23. levels of efficiency and solar heat gain coefficients in Table R402.1.1 or R402.1.3 of the 2009 International Energy Conservation Code. 3. An annual energy cost of the proposed design that is less than or equal to 77 percent of the annual energy cost of the standard reference design. Energy prices shall be taken from a source approved by the code official, such as the Department of Energy, Energy Information Administration’s State Energy Data System Prices and Expenditures reports. Code officials shall be permitted to require time-of- use pricing in energy cost calculations. Exceptions: 1. The energy use based on source energy expressed in Btu or Btu per square foot of conditioned floor area shall be permitted to be substituted for the energy cost. The source energy multiplier for electricity shall be 3.16. The source energy multiplier for fuels other than electricity shall be 1.1. R405.3 Documentation. Documentation of the software used for the performance proposed design and the parameters for the baseline building shall be in accordance with Sections R405.3.1 through R405.3.2.2. R405.3.1 Compliance software tools. Documentation verifying that the methods and accuracy of the compliance software tools conform to the provisions of this section shall be provided to the code official. R405.3.2 Compliance report. Compliance software tools shall generate a report that documents that the proposed design complies with Section R405.2. A compliance report on the proposed design shall be submitted with the application for the building permit. Upon completion of the building, a confirmed compliance report based on the confirmed condition of the building shall be submitted to the code official before a certificate of occupancy is issued. Compliance reports shall include information in accordance with Sections R405.3.2.1 and R405.3.2.2. TABLE R405.2 REQUIREMENTS FOR TOTAL BUILDING PERFORMANCE SECTIONa TITLE General R401.2.5 Additional energy efficiency R401.3 Certificate Building Thermal Envelope R402.1.1 Vapor retarder R402.2.3 Eave baffle R402.2.4.1 Access hatches and door insulation installation and retention R402.2.10.1 Crawl space wall insulation installations R402.4.1.1 Installation R402.4.1.2 Testing R402.5 Maximum fenestration U-factor and SHGC Mechanical R403.1 Controls R403.3, including R403.3.1, except Sections R403.3.2, R403.3.3 and R403.3.6 Ducts R403.4 Mechanical system piping insulation R403.5.1 Heated water circulation and temperature maintenance systems R403.5.3 Drain water heat recovery units R403.6 Mechanical ventilation R403.7 Equipment sizing and efficiency rating Packaged and split system cooling equipment R403.8 Systems serving multiple dwelling units R403.9 Snow melt and ice systems R403.10 Roof and gutter deicing controls R403.11 Freeze protection system controls R403.12 Energy consumption of pools and spas R403.13 Portable spas R403.14 Residential pools and permanent residential spas R403.15 Heating outside a building R403.16 Cooling outside a building Electrical Power and Lighting Systems R404.1 Lighting equipment R404.2 Interior lighting controls R404 Electrical power, lighting, storage, and renewable energy systems R407 Maintenance information and system commissioning R409 Energy reporting and metering a. Reference to a code section includes all the relative subsections except as indicated in the table. R405.3.2.1 Compliance report for permit application. A compliance report submitted with the application for building permit shall include the following: 1. Building street address, or other building site identification. 2. The name of the individual performing the analysis and generating the compliance report. 3. The name and version of the compliance soft- ware tool. 4. Documentation of all inputs entered into the software used to produce the results for the reference design and/or the rated home. 5. A certificate indicating that the proposed design complies with Section R405.2. The certificate shall document the building components’ energy specifications that are included in the calculation including: component-level insulation R-values or U-factors; duct system and building envelope air leakage testing assumptions; and the type and rated efficiencies of proposed heating, cooling, mechanical ventilation and service water-heating equipment to be installed. If on-site renewable energy systems will be installed, the certificate shall report the type and production size of the proposed system. 6. Where a site-specific report is not generated, the proposed design shall be based on the worst-case orientation and configuration of the rated home. R405.3.2.2 Compliance report for certificate of occupancy. A compliance report submitted for obtaining the certificate of occupancy shall include the following: 1. Building street address, or other building site identification. 2. Declaration of the total simulated building performance path on the title page of the energy report and the title page of the building plans. 3. A statement, bearing the name of the individual performing the analysis and generating the report, indicating that the as-built building complies with Section R405.2. 4. The name and version of the compliance software tool. 5. A site-specific energy analysis report that is in compliance with Section R405.2. 6. A final confirmed certificate indicating compliance based on inspection, and a statement indicating that the confirmed rated design of the built home complies with Section R405.2. The certificate shall report the energy features that were confirmed to be in the home, including component-level insulation R-values or U- factors; results from any required duct system and building envelope air leakage testing; and the type and rated efficiencies of the heating, cooling, mechanical ventilation and service water-heating equipment installed. 7. When on-site renewable energy systems have been installed, the certificate shall report the type and production size of the installed system. R405.4 Calculation procedure. Calculations of the performance proposed design shall be in accordance with Sections R405.4.1 and R405.4.2. R405.4.1 General. Except as specified by this section, the standard reference design and proposed design shall be configured and analyzed using identical methods and techniques. R405.4.2 Residence specifications. The standard reference design and proposed design shall be configured and analyzed as specified by Table R405.4.2(1). Table R405.4.2(1) shall include, by reference, all notes contained in Table R402.1.3. TABLE R405.4.2(1) SPECIFICATIONS FOR THE STANDARD REFERENCE AND PROPOSED DESIGNS BUILDING COMPONENT STANDARD REFERENCE DESIGN PROPOSED DESIGN Above-grade walls Type: mass where the proposed wall is a mass wall; otherwise, wood frame. As proposed Gross area: same as proposed. As proposed U-factor: as specified in Table R402.1.2. As proposed Solar absorptance = 0.75. As proposed Emittance = 0.90. As proposed Basement and crawl space Type: same as proposed. As proposed Gross area: same as proposed. As proposed walls U-factor: as specified in Table R402.1.2, with the insulation layer on the interior side of the walls. As proposed Above-grade floors Type: wood frame. As proposed Gross area: same as proposed. As proposed U-factor: as specified in Table R402.1.2. As proposed Ceilings Type: wood frame. As proposed Gross area: same as proposed. As proposed U-factor: as specified in Table R402.1.2. As proposed Roofs Type: composition shingle on wood sheathing. As proposed Gross area: same as proposed. As proposed Solar absorptance = 0.75. As proposed Emittance = 0.90. As proposed Attics Type: vented with an aperture of 1 ft2 per 300 ft2 of ceiling area. As proposed Foundations Type: same as proposed. As proposed Foundation wall area above and below grade and soil characteristics: same as proposed. As proposed Opaque doors Area: 40 ft2. As proposed Orientation: North. As proposed U-factor: same as fenestration as specified in Table R402.1.2. As proposed Vertical fenestration other than opaque doors Total areah = ) The proposed glazing area, where the proposed glazing area is less than 15 percent of the conditioned floor area. 15 percent of the conditioned floor area, where the proposed glazing area is 15 percent or more of the conditioned floor area. As proposed Orientation: equally distributed to four cardinal compass orientations (N, E, S & W). As proposed U-factor: as specified in Table R402.1.2. As proposed SHGC: as specified in Table R402.1.2 except for climate zones without an SHGC requirement, the SHGC shall be equal to 0.40. As proposed Interior shade fraction: 0.92 – (0.21 × SHGC for the standard reference design). Interior shade fraction: 0.92 – (0.21 × SHGC as proposed) External shading: none As proposed (continued) TABLE R405.4.2(1)—continued SPECIFICATIONS FOR THE STANDARD REFERENCE AND PROPOSED DESIGNS BUILDING COMPONENT STANDARD REFERENCE DESIGN PROPOSED DESIGN Skylights None As proposed Thermally isolated sunrooms None As proposed The air leakage rate at a pressure of 0.2 inch w.g. (50 Pa) shall be Climate Zones 0 through 2: 5.0 air changes per hour. Climate Zones 3 through 8: 3.0 air changes per hour. The measured air exchange rate.a Air exchange rate The mechanical ventilation rate shall be in addition to the air leakage rate and shall be the same as in the proposed design, but not greater than 0.01 × CFA + 7.5 × (Nbr + 1) where: CFA = conditioned floor area, ft2. Nbr = number of bedrooms. The mechanical ventilation system type shall be the same as in the proposed design. Energy recovery shall not be assumed for mechanical ventilation. The mechanical ventilation rateb shall be in addition to the air leakage rate and shall be as proposed. Mechanical ventilation Where mechanical ventilation is not specified in the proposed design: None Where mechanical ventilation is specified in the proposed design, the annual vent fan energy use, in units of kWh/yr, shall equal (1/ef) ×[0.0876 × CFA + 65.7 × (Nbr + 1)] where: ef = the minimum fan efficacy, as specified in Table 403.6.2, corresponding to the system type at a flow rate of 0.01 × CFA + 7.5 × (Nbr + 1) CFA = conditioned floor area, ft2. Nbr = number of bedrooms. As proposed Internal gains IGain, in units of Btu/day per dwelling unit, shall equal 17,900 + 23.8 ×CFA + 4,104 × Nbr where: CFA = conditioned floor area, ft2. Nbr = number of bedrooms. Same as standard reference design. Internal mass Internal mass for furniture and contents: 8 pounds per square foot of floor area. Same as standard reference design, plus any additional mass specifically designed as a thermal storage elementc but not integral to the building envelope or structure. Structural mass For masonry floor slabs: 80 percent of floor area covered by R-2 carpet and pad, and 20 percent of floor directly exposed to room air. As proposed For masonry basement walls: as proposed, but with insulation as specified in Table R402.1.3, located on the interior side of the walls. As proposed For other walls, ceilings, floors, and interior walls: wood frame construction. As proposed Heating systemsd, e For other than electric heating without a heat pump: as proposed. Where the proposed design utilizes electric heating without a heat pump, the standard reference design shall be an air source heat pump meeting the requirements of Section C403 of the IECC—Commercial Provisions. Capacity: sized in accordance with Section R403.7. As proposed Cooling systemsd, f As proposed. Capacity: sized in accordance with Section R403.7. As proposed (continued) TABLE R405.4.2(1)—continued SPECIFICATIONS FOR THE STANDARD REFERENCE AND PROPOSED DESIGNS BUILDING COMPONENT STANDARD REFERENCE DESIGN PROPOSED DESIGN Service water heatingd, g As proposed. Use, in units of gal/day = 25.5 + (8.5 × Nbr) where: Nbr = number of bedrooms. As proposed Use, in units of gal/day = 25.5 + (8.5 × Nbr) × (1 – HWDS) where: Nbr = number of bedrooms. HWDS = factor for the compactness of the hot water distribution system. Compactness ratioi factor HWDS 1 story 2 or more stories > 60% > 30% 0 > 30% to ≤ 60% > 15% to ≤ 30% 0.05 > 15% to ≤ 30% > 7.5% to ≤ 15% 0.10 < 15% < 7.5% 0.15 Thermal distribution systems Duct insulation: in accordance with Section R403.3.1. A thermal distribution system efficiency (DSE) of 0.88 shall be applied to both the heating and cooling system efficiencies for all systems other than tested duct systems. Duct location: same as proposed design. Exception: For nonducted heating and cooling systems that do not have a fan, the standard reference design ther- mal distribution system efficiency (DSE) shall be 1. For tested duct systems, the leakage rate shall be 4 cfm (113.3 L/min) per 100 ft2 (9.29 m2) of conditioned floor area at a pressure of differential of 0.1 inch w.g. (25 Pa). Duct location: as proposed Duct insulation: as proposed. As tested or, where not tested, as specified in Table R405.4.2(2). Thermostat Type: Manual, cooling temperature setpoint = 75°F; Heating temperature setpoint = 72°F. Same as standard reference design. Dehumidistat Where a mechanical ventilation system with latent heat recov- ery is not specified in the proposed design: None. Where the proposed design utilizes a mechanical ventilation system with latent heat recovery: Dehumidistat type: manual, setpoint = 60% relative humidity. Dehumidifier: whole-dwelling with integrated energy factor = 1.77 liters/kWh. Same as standard reference design. For SI: 1 square foot = 0.93 m2, 1 British thermal unit = 1055 J, 1 pound per square foot = 4.88 kg/m2, 1 gallon (US) = 3.785 L, °C = (°F-32)/1.8, 1 degree = 0.79 rad. a. Where required by the code official, testing shall be conducted by an approved party. Hourly calculations as specified in the ASHRAE Handbook of Funda- mentals, or the equivalent, shall be used to determine the energy loads resulting from infiltration. b. The combined air exchange rate for infiltration and mechanical ventilation shall be determined in accordance with Equation 43 of 2001 ASHRAE Hand- book of Fundamentals, page 26.24 and the “Whole-house Ventilation” provisions of 2001 ASHRAE Handbook of Fundamentals, page 26.19 for intermittent mechanical ventilation. c. Thermal storage element shall mean a component that is not part of the floors, walls or ceilings that is part of a passive solar system, and that provides ther- mal storage such as enclosed water columns, rock beds, or phase-change containers. A thermal storage element shall be in the same room as fenestration that faces within 15 degrees (0.26 rad) of true south, or shall be connected to such a room with pipes or ducts that allow the element to be actively charged. d. For a proposed design with multiple heating, cooling or water heating systems using different fuel types, the applicable standard reference design system capacities and fuel types shall be weighted in accordance with their respective loads as calculated by accepted engineering practice for each equipment and fuel type present. e. For a proposed design without a proposed heating system, a heating system having the prevailing federal minimum efficiency shall be assumed for both the standard reference design and proposed design. f. For a proposed design home without a proposed cooling system, an electric air conditioner having the prevailing federal minimum efficiency shall be assumed for both the standard reference design and the proposed design. g. For a proposed design with a nonstorage-type water heater, a 40-gallon storage-type water heater having the prevailing federal minimum energy factor for the same fuel as the predominant heating fuel type shall be assumed. For a proposed design without a proposed water heater, a 40-gallon storage-type water heater having the prevailing federal minimum efficiency for the same fuel as the predominant heating fuel type shall be assumed for both the proposed design and standard reference design. (continued) TABLE R405.4.2(1)—continued SPECIFICATIONS FOR THE STANDARD REFERENCE AND PROPOSED DESIGNS h. For residences with conditioned basements, R-2 and R-4 residences, and for townhouses, the following formula shall be used to determine glazing area: AF = As × FA × F where: AF = Total glazing area. As = Standard reference design total glazing area. FA = (Above-grade thermal boundary gross wall area)/(above-grade boundary wall area + 0.5 × below-grade boundary wall area). F = (above-grade thermal boundary wall area)/(above-grade thermal boundary wall area + common wall area) or 0.56, whichever is greater. and where: Thermal boundary wall is any wall that separates conditioned space from unconditioned space or ambient conditions. Above-grade thermal boundary wall is any thermal boundary wall component not in contact with soil. Below-grade boundary wall is any thermal boundary wall in soil contact. Common wall area is the area of walls shared with an adjoining dwelling unit. i. The factor for the compactness of the hot water distribution system is the ratio of the area of the rectangle that bounds the source of hot water and the fixtures that it serves (the “hot water rectangle”) divided by the floor area of the dwelling. 1. Sources of hot water include water heaters, or in multiple-family buildings with central water heating systems, circulation loops or electric heat traced pipes. 2. The hot water rectangle shall include the source of hot water and the points of termination of all hot water fixture supply piping. 3. The hot water rectangle shall be shown on the floor plans and the area shall be computed to the nearest square foot. 4. Where there is more than one water heater and each water heater serves different plumbing fixtures and appliances, it is permissible to establish a separate hot water rectangle for each hot water distribution system and add the area of these rectangles together to determine the compactness ratio. 5. The basement or attic shall be counted as a story when it contains the water heater. 6. Compliance shall be demonstrated by providing a drawing on the plans that shows the hot water distribution system rectangle(s), comparing the area of the rectangle(s) to the area of the dwelling and identifying the appropriate compactness ratio and HWDS factor. TABLE R405.4.2(2) DEFAULT DISTRIBUTION SYSTEM EFFICIENCIES FOR PROPOSED DESIGNSa DISTRIBUTION SYSTEM CONFIGURA- TION AND CONDITION FORCED AIR SYSTEMS HYDRONIC SYSTEMSb Distribution system components located in unconditioned space — 0.95 Untested distribution systems entirely located in conditioned spacec 0.88 1 “Ductless” systemsd 1 — a. Default values in this table are for untested distribution systems, which must still meet minimum requirements for duct system insulation. b. Hydronic systems shall mean those systems that distribute heating and cooling energy directly to individual spaces using liquids pumped through closed-loop piping and that do not depend on ducted, forced airflow to maintain space temperatures. c. Entire system in conditioned space shall mean that no component of the distribution system, including the air-handler unit, is located outside of the conditioned space. d. Ductless systems shall be allowed to have forced airflow across a coil but shall not have any ducted airflow external to the manufacturer’s air- handler enclosure. R405.5 Calculation software tools. Calculation software, where used, shall be in accordance with Sections R405.5.1 through R405.5.3. R405.5.1 Minimum capabilities. Calculation procedures used to comply with this section shall be software tools capable of calculating the annual energy consumption of all building elements that differ between the standard reference design and the proposed design and shall include the following capabilities: 1. Computer generation of the standard reference design using only the input for the proposed design. The calculation procedure shall not allow the user to directly modify the building component characteristics of the standard reference design. 2. Calculation of whole-building (as a single zone) sizing for the heating and cooling equipment in the standard reference design residence in accordance with Section R403.7. 3. Calculations that account for the effects of indoor and outdoor temperatures and part-load ratios on the performance of heating, ventilating and air- conditioning equipment based on climate and equipment sizing. 4. Printed code official inspection checklist listing each of the proposed design component characteristics from Table R405.4.2(1) determined by the analysis to provide compliance, along with their respective performance ratings such as R-value, U-factor, SHGC, HSPF, AFUE, SEER and EF. R405.5.2 Specific approval. Performance analysis tools meeting the applicable provisions of Section R405 shall be permitted to be approved. Tools are permitted to be approved based on meeting a specified threshold for a jurisdiction. The code official shall be permitted to approve such tools for a specified application or limited scope. R405.5.3 Input values. When calculations require input values not specified by Sections R402, R403, R404 and R405, those input values shall be taken from an approved source. SECTION R406 ENERGY RATING INDEX COMPLIANCE ALTERNATIVE R406.1 Scope. This section establishes criteria for compliance using an Energy Rating Index (ERI) analysis. R406.2 ERI compliance. Compliance based on the ERI requires that the rated design meets all of the following: 1. The requirements of the sections indicated within Table R406.2. 2. Maximum ERI of Table R406.5. TABLE R406.2 REQUIREMENTS FOR ENERGY RATING INDEX SECTIONa TITLE General R401.2.5 Additional efficiency packages R401.3 Certificate Building Thermal Envelope R402.1.1 Vapor retarder R402.2.3 Eave baffle R402.2.4.1 Access hatches and door insulation installation and retention R402.2.10.1 Crawl space wall insulation installation R402.4.1.1 Installation R402.4.1.2 Testing Mechanical R403.1 Controls R403.3 except Sections R403.3.2, R403.3.3 and R403.3.6 Ducts R403.4 Mechanical system piping insulation R403.5.1 Heated water calculation and temperature maintenance systems R403.5.3 Drain water heat recovery units R403.6 Mechanical ventilation R403.7 Equipment sizing and efficiency rating Packaged and split system cooling equipment R403.8 Systems serving multiple dwelling units R403.9 Snow melt and ice systems R403.10 Roof and gutter deicing controls R403.11 Freeze protection system controls R403.12 Energy consumption of pools and spas R403.13 Portable spas R403.14 Residential pools and permanent residential spas R403.15 Heating outside a building R403.16 Cooling outside a building Electrical Power and Lighting Systems R404.1 Lighting equipment R404.2 Interior lighting controls R404 Electrical power, lighting, storage, and renewable energy systems R406.3 Building thermal envelope R407 Maintenance information and system commissioning R409 Energy reporting and metering a. Reference to a code section includes all of the relative subsections except as indicated in the table. R406.3 Building thermal envelope. Building and portions thereof shall comply with Section R406.3.1 or R406.3.2. R406.3.1 On-site renewables are not included. Where on-site renewable energy is not included for compliance Using the ERI analysis of Section R406.4, the proposed total building thermal envelope UA, which is sum of U- factor times assembly area, shall be less than or equal to the building thermal envelope UA using the prescriptive U-factors from Table R402.1.2 multiplied by 1.15 in accordance with Equation 4-1. The area-weighted maxi- mum fenestration SHGC permitted in Climate Zones 0 through 3 shall be 0.30. On-site renewables shall not be included in the ERI analysis. UAProposed design <=1.15 × UAPrescriptive reference design (Equation 4-1) R406.3.2 On-site renewables are included. Where on- site renewable energy is included for compliance using the ERI analysis of Section R406.4, the building thermal envelope shall be greater than or equal to the levels of efficiency and SHGC in Table R402.1.2 or Table R402.1.4 of the 2018 International Energy Conservation Code. R406.4 Energy Rating Index. The Energy Rating Index (ERI) shall be determined in accordance with RESNET/ICC 301 except for buildings covered by the International Residential Code, the ERI reference design ventilation rate shall be in accordance with the International Mechanical Code Equation 4-2. Ventilation rate, CFM = (0.01 × total square foot area of house) + [7.5 × (number of bedrooms + 1)] (Equation 4-2) Energy used to recharge or refuel a vehicle used for transportation on roads that are not on the building site shall not be included in the ERI reference design or the rated design. For compliance purposes, any reduction in energy use of the rated design associated with on-site renewable energy shall not exceed 5 percent of the total energy use. R406.5 ERI-based compliance. Compliance based on an ERI analysis requires that the rated proposed design and confirmed built dwelling be shown to have an ERI less than or equal to 53 without taking credit for any on-site renewables the appropriate value indicated in Table R406.5 when compared to the ERI reference design. TABLE R406.5 MAXIMUM ENERGY RATING INDEX CLIMATE ZONE ENERGY RATING INDEX 7 53 R406.6 Verification by approved agency. Verification of compliance with Section R406 as outlined in Sections R406.4 and R406.6 shall be completed by an approved third party. Verification of compliance with Section R406.2 shall be completed by the authority having jurisdiction or an approved third-party inspection agency in accordance with Section R105.4. R406.7 Documentation. Documentation of the software used to determine the ERI and the parameters for the residential building shall be in accordance with Sections R406.7.1 through R406.7.4. R406.7.1 Compliance software tools. Software tools used for determining ERI shall be Approved Software Rating Tools in accordance with RESNET/ICC 301. R406.7.2 Compliance report. Compliance software tools shall generate a report that documents that the home and the ERI score of the rated design complies with Sections R406.2, R406.3 and R406.4. Compliance documentation shall be created for the proposed design and shall be submitted with the application for the building permit. Confirmed compliance documents of the built dwelling unit shall be created and submitted to the code official for review before a certificate of occupancy is issued. Compliance reports shall include information in accordance with Sections R406.7.2.1 and R406.7.2.2. R406.7.2.1 Proposed compliance report for permit application. Compliance reports submitted with the application for a building permit shall include the following: 1. Building street address, or other building site identification. 2. Declare ERI on title page and building plans. 3. The name of the individual performing the analysis and generating the compliance report. 4. The name and version of the compliance software tool. 5. Documentation of all inputs entered into the software used to produce the results for the reference design and/or the rated home. 6. A certificate indicating that the proposed design has an ERI less than or equal to the appropriate score indicated in Table R406.5 when compared to the ERI reference design. The certificate shall document the building component energy specifications that are included in the calculation, including: component level insulation R-values or U-factors; assumed duct system and building envelope air leakage testing results; and the type and rated efficiencies of proposed heating, cooling, mechanical ventilation, and service water- heating equipment to be installed. If on-site renewable energy systems will be installed, the certificate shall report the type and production size of the proposed system. 7. When a site-specific report is not generated, the proposed design shall be based on the worst-case orientation and configuration of the rated home. R406.7.2.2 Confirmed compliance report for a certificate of occupancy. A confirmed compliance report submitted for obtaining the certificate of occupancy shall be made site and address specific and include the following: 1. Building street address or other building site identification. 2. Declaration of ERI on title page and on building plans. 3. The name of the individual performing the analysis and generating the report. 4. The name and version of the compliance software tool. 5. Documentation of all inputs entered into the software used to produce the results for the reference design and/or the rated home. 6. A final confirmed certificate indicating that the confirmed rated design of the built home complies with Sections R406.2 and R406.4. The certificate shall report the energy features that were confirmed to be in the home, including: component-level insulation R-values or U-factors; results from any required duct system and building envelope air leakage testing; and the type and rated efficiencies of the heating, cooling, mechanical ventilation, and service water-heating equipment installed. Where on-site renewable energy systems have been installed on or in the home, the certificate shall report the type and production size of the installed system. R406.7.3 Renewable energy certificate (REC) documentation. Where on-site renewable energy is included in the calculation of an ERI, one of the following forms of documentation shall be provided to the code official: 1. Substantiation that the RECs associated with the on-site renewable energy are owned by, or retired on behalf of, the homeowner. 2. A contract that conveys to the homeowner the RECs associated with the on-site renewable energy, or conveys to the homeowner an equivalent quantity of RECs associated with other renewable energy. R406.7.4 Additional documentation. The code official shall be permitted to require the following documents: 1. Documentation of the building component characteristics of the ERI reference design. 2. A certification signed by the builder providing the building component characteristics of the rated design. 3. Documentation of the actual values used in the software calculations for the rated design. R406.7.5 Specific approval. Performance analysis tools meeting the applicable subsections of Section R406 shall be approved. Documentation demonstrating the approval of performance analysis tools in accordance with Section R406.7.1 shall be provided. R406.7.6 Input values. Where calculations require input values not specified by Sections R402, R403, R404 and R405, those input values shall be taken from RESNET/ICC 301. SECTION R407 MAINTENANCE INFORMATION AND SYSTEM COMMISSIONING R407.1 Maintenance information and system commissioning. Buildings shall comply with the IECC- Commercial Provisions, Section C408. TROPICAL CLIMATE REGION COMPLIANCE PATH R407.1 Scope. This section establishes alternative criteria for residential buildings in the tropical region at elevations less than 2,400 feet (731.5 m) above sea level. R407.2 Tropical climate region. Compliance with this section requires the following: 1. Not more than one-half of the occupied space is air conditioned. 2. The occupied space is not heated. 3. Solar, wind or other renewable energy source supplies not less than 80 percent of the energy for service water heating. 4. Glazing in conditioned spaces has a solar heat gain coefficient (SHGC) of less than or equal to 0.40, or has an overhang with a projection factor equal to or greater than 0.30. 5. Permanently installed lighting is in accordance with Section R404. 6. The exterior roof surface complies with one of the options in Table C402.3 of the International Energy Conservation Code–Commercial Provisions or the roof or ceiling has insulation with an R-value of R-15 or greater. Where attics are present, attics above the insulation are vented and attics below the insulation are unvented. 7. Roof surfaces have a slope of not less than 1/4 unit vertical in 12 units horizontal (21-percent slope). The finished roof does not have water accumulation areas. 8. Operable fenestration provides a ventilation area of not less than 14 percent of the floor area in each room. Alternatively, equivalent ventilation is provided by a ventilation fan. 9. Bedrooms with exterior walls facing two different directions have operable fenestration on exterior walls facing two directions. 10. Interior doors to bedrooms are capable of being secured in the open position. 11. A ceiling fan or ceiling fan rough-in is provided for bedrooms and the largest space that is not used as a bedroom. SECTION R408 ADDITIONAL EFFICIENCY PACKAGE OPTIONS R408.1 Scope. This section establishes additional efficiency package options to achieve additional energy efficiency in accordance with Section R401.2.5. R408.2 Additional efficiency package options. Additional efficiency package options for compliance with Section R401.2.1 are set forth in Sections R408.2.1 through R408.2.54. R408.2.1 Enhanced envelope option. The total building thermal envelope UA, the sum of U-factor times assembly area, shall be less than or equal to 95 percent of the total UA resulting from multiplying the U-factors in Table R402.1.2 by the same assembly area as in the proposed building. The UA calculation shall be performed in accordance with Section R402.1.5. The area-weighted average SHGC of all glazed fenestration shall be less than or equal to 95 percent of the maximum glazed fenestration SHGC in Table R402.1.2. R408.2.3 More efficient HVAC equipment performance option. Heating and cooling equipment shall meet one of the following efficiencies: Greater than or equal to 95 AFUE natural gas furnace and 16 SEER air conditioner. 1. Greater than or equal to 96 AFUE natural gas furnace or boiler(s). 2. Greater than or equal to 8.5 HSPF2/16.0 SEER2 air source heat pump(s). 3. Greater than or equal to 9 HSPF (7.6 HSPF2) /16 SEER (15.2 SEER2) air source heat pump(s). 4. Greater than or equal to 10 HSPF (8.5 HSPF2) /16 SEER (15.2 SEER2) air source heat pump(s). 5. Greater than or equal to 3.5 COP ground source heat pump. Ductless Systems: 6. Single Zone: 8.5 HSPF2/16.9 SEER2 variable speed air source heat pump(s). 7. Multi Zone: 8.5 HSPF2/16.9 SEER2 variable speed air source heat pump(s) (Non-Ducted Indoor Units). 8. Multi Zone: 8.5 HSPF2/15.2 SEER2 variable speed air source heat pump(s) (Ducted or Mixed Indoor Units) R408.2.4 Reduced energy use in service water-heating options. The hot water system shall meet one of the following efficiencies: The hot water system shall meet one of the Uniform Energy Factors (UEF) or Solar Uniform Energy Factors (SUEF): in Table R408.2.3. 1. Greater than or equal to 82 EF fossil fuel service water-heating system. 2. Greater than or equal to 2.0 EF electric service water-heating system. 3. Greater than or equal to 0.4 solar fraction solar water-heating system. TABLE R408.2.3 Service water-heating efficiencies Measure Number Water Heater Size and Draw Pattern Type Efficiency R408.2.3(1) Gas-fired storage water heaters ≤ 55 gallons, Medium UEF ≥0.81 ≤ 55 gallons, High UEF ≥0.86 >55 gallons, Medium or High UEF ≥0.86 R408.2.3(2) Gas-fired instantaneous water heaters Medium or High UEF ≥0.95 R408.2.3(3) Electric water heaters Low, Medium, or High Integrated HPWH UEF ≥ 3.30 R408.2.3(4) Integrated HPWH, 120 Volt/15 Amp Circuit UEF ≥ 2.20 R408.2.3(5) Solar water heaters Electric backup SUEF ≥ 3.00 Gas backup SUEF ≥ 1.80 R408.2.5 More efficient duct thermal distribution system option. The thermal distribution system shall meet one of the following efficiencies: 1. 100 percent of ducts and air handlers located entirely within the building thermal envelope. 2. 100 percent of ductless thermal distribution system or hydronic thermal distribution system located completely inside the building thermal envelope. 3. 100 percent of duct thermal distribution system located in conditioned space as defined by Section R403.3.2. R408.2.5 Improved air sealing and efficient ventilation system option. The measured air leakage rate shall be less than or equal to 3.0 ACH50, with either an Energy Recovery Ventilator (ERV) or Heat Recovery Ventilator (HRV) installed. Minimum HRV and ERV requirements, measured at the lowest tested net supply airflow, shall be greater than or equal to 75 percent Sensible Recovery Efficiency (SRE), less than or equal to 1.1 cubic feet per minute per watt (0.03 m3/min/watt) and shall not use recirculation as a defrost strategy. In addition, the ERV shall be greater than or equal to 50 percent Latent Recovery/Moisture Transfer (LRMT). SECTION R409 ENERGY REPORTING AND METERING R409.1 Energy Reporting Requirements: Dwellings shall be subject to Section 8.60 – Building IQ of the Aspen Municipal Code and shall follow the requirements for a “Non-City Covered Property.” Buildings shall comply with the requirements of the Multi-Family Residential structures over 15,000 square feet. This requirement shall supersede the applicability statements in Section 8.60.030 and the exceptions listed in Section 8.60.020.M, as amended. R409.2 Energy Metering. Each dwelling unit shall have separate electric and water meters. Where gas is installed to the building, each dwelling unit shall have a separate gas meter. CHAPTER 5 [RE] EXISTING BUILDINGS User note: About this chapter: Many buildings are renovated or altered in numerous ways that could affect the energy use of the building as a whole. Chapter 5 requires the application of certain parts of Chapter 4 in order to maintain, if not improve, the conservation of energy by the renovated or altered building. SECTION R501 GENERAL R501.1 Scope. The provisions of this chapter shall control the alteration, repair, addition and change of occupancy of existing buildings and structures. R501.1.1 General. Except as specified in this chapter, this code shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of this code. Unaltered portions of the existing building or building supply system shall not be required to comply with this code. R501.2 Compliance. Additions, alterations, repairs or changes of occupancy to, or relocation of, an existing building, building system or portion thereof shall comply with Section R502, R503, R504 or R505, respectively, in this code. Changes where unconditioned space is changed to conditioned space shall comply with Section R502R501.7. R501.3 Maintenance. Buildings and structures, and parts thereof, shall be maintained in a safe and sanitary condition. Devices and systems that are required by this code shall be maintained in conformance to the code edition under which installed. The owner or the owner’s authorized agent shall be responsible for the maintenance of buildings and structures. The requirements of this chapter shall not provide the basis for removal or abrogation of energy conservation, fire protection and safety systems and devices in existing structures. R501.4 Compliance. Alterations, repairs, additions and changes of occupancy to, or relocation of, existing buildings and structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy or relocation, respectively, in this code and the International Residential Code, International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Property Maintenance Code, International Private Sewage Disposal Code and NFPA 70. R501.5 New and replacement materials. Except as otherwise required or permitted by this code, materials permitted by the applicable code for new construction shall be used. Like materials shall be permitted for repairs, provided that hazards to life, health or property are not created. Hazardous materials shall not be used where the code for new construction would not allow their use in buildings of similar occupancy, purpose and location. R501.6 Historic buildings. Provisions of this code relating to the construction, repair, alteration, restoration and movement of structures, and change of occupancy shall not be mandatory for historic buildings provided that a report has been submitted to the code official and signed by the owner, a registered design professional, or a representative of the State Historic Preservation Office or the historic preservation authority having jurisdiction, demonstrating that compliance with that provision would threaten, degrade or destroy the historic form, fabric or function of the building. R501.7 Change in space conditioning. Any unconditioned or low-energy space that is altered to become conditioned space shall be required to be brought into full compliance with this code. Exception: Where the simulated performance option in Section R405 is used to comply with this section, the annual energy cost of the proposed design is permitted to be 110 percent of the annual energy cost otherwise allowed by Section R405.2. R501.8 Energy Assessment. When required by R502.3.6 or R503.1.6, existing buildings shall submit an Energy Assessment Report at permit submittal. The energy assessment recommendations and/or conclusions may inform but are not required to affect the scope of the work submitted for permit. Exception: For additions and alterations where the Energy Assessment Report indicates the air infiltration rate in a dwelling unit is less than 5 air changes per hour, ventilation shall be provided in accordance with Section R503.1.1.6.1. SECTION R502 ADDITIONS R502.1 General. Additions to an existing building, building system or portion thereof shall conform to the provisions of this code as those provisions relate to new construction without requiring the unaltered portion of the existing building or building system to comply with this code. Additions shall not create an unsafe or hazardous condition or overload existing building systems. An addition shall be deemed to comply with this code where the addition alone complies, where the existing building and addition comply with this code as a single building, or where the building with the addition does not use more energy than the existing building. Additions shall be in accordance with Section R502.2 or R502.3. R502.2 Change in space conditioning. Any unconditioned or low-energy space that is altered to become conditioned space shall be required to be brought into full compliance with this code. Exceptions: 1. Where the simulated performance option in Section R405 is used to comply with this section, the annual energy cost of the proposed design is permitted to be 110 percent of the annual energy cost otherwise allowed by Section R405.2. 2. Where the Total UA, as determined in Section R402.1.5, of the existing building and the addition, and any alterations that are part of the project, is less than or equal to the Total UA generated for the existing building. 3. Where complying in accordance with Section R405 and the annual energy cost or energy use of the addition and the existing building, and any alterations that are part of the project, is less than or equal to the annual energy cost of the existing building. The addition and any alterations that are part of the project shall comply with Section R405 in its entirety. R502.3 Prescriptive compliance. Additions shall comply with Sections R502.3.1 through R502.3.4. R502.3.6. R502.3.1 Building envelope. New building envelope assemblies that are part of the addition shall comply with Sections R402.1, R402.2, R402.3.1 through R402.3.5, and R402.4. Exception: New envelope assemblies are exempt from the air leakage requirements of Sections R402.4.1.23 and R402.4.1.4 but must comply with Section R503.1.1.6.1 Testing and Ventilation. R502.3.2 Heating and cooling systems. HVAC ducts newly installed as part of an addition shall comply with Section R403. Exception: Where ducts from an existing heating and cooling system are extended into an addition Section R403.3.5 and Section R403.3.6 shall not be required. R502.3.3 Service hot water systems. New service hot water systems that are part of the addition shall comply with Section R403.5. R502.3.4 Lighting and power. Additions shall comply with this section. New lighting and power systems that are part of the addition shall comply with Section R404.1 R502.3.4.1 Renewable energy infrastructure. Additions shall comply with the requirements of Section R404.5. Exception: Additions where the new roof area is less than less than 500 square feet of roof area oriented between 110 degrees and 270 degrees of true north. R502.3.4.2 Electric vehicle charging infrastructure. New parking facilities, new parking spaces added to existing parking facilities and new attached and detached garages shall comply with Section R404.6. R502.3.4.3 Energy storage infrastructure. Additions with new attached or detached garages shall comply with Section R404.7. R502.3.5 Energy Assessment. Additions shall comply with section R501.8. R502.3.6 Energy Reporting. Additions shall comply with section R409.1. SECTION R503 ALTERATIONS R503.1 General. Alterations to any building or structure shall comply with the requirements of the code for new construction, without requiring the unaltered portions of the existing building or building system to comply with this code. Alterations shall be such that the existing building or structure is not less conforming to the provisions of this code than the existing building or structure was prior to the alteration. Alterations shall not create an unsafe or hazardous condition or overload existing building systems. Alterations shall be such that the existing building or structure does not use more energy than the existing building or structure prior to the alteration. Alterations to existing buildings shall comply with Sections R503.1.1 through R503.1.4 R503.1.6. Level 4 alterations apply where the work area exceeds 50 percent of the dwelling unit building area. R503.1.1 Building thermal envelope. Alterations of existing building thermal envelope assemblies shall comply with this section. New building thermal envelope assemblies that are part of the alteration shall comply with Section R402. R402.1.2 or R402.1.4, Sections R402.2.1 through R402.2.12, R402.3.1, R402.3.2, R402.4.3 and R402.4.5. An area-weighted average U-factor for new and altered portions of the building thermal envelope shall be permitted to satisfy the U-factor requirements in Table R402.1.2. In no case shall the R-value of insulation be reduced, or the U- factor of a building thermal envelope assembly be increased as part of a building thermal envelope alteration. Exception: The following alterations shall not be required to comply with the requirements for new construction provided that the energy use of the building is not increased: 1. Storm windows installed over existing fenestration. 2. Existing ceiling, wall or floor cavities exposed during construction provided that these cavities are filled with insulation. 3. Construction where the existing roof, wall or floor cavity is not exposed. 4. Roof recover 5. Roofs without insulation in the cavity and where the sheathing or insulation is exposed during reroofing shall be insulated either above or below the sheathing. 6. Surface-applied window film installed on existing single pane fenestration assemblies to reduce solar heat gain provided that the code does not require the glazing or fenestration assembly to be replaced. 7. An existing building undergoing alterations that is demonstrated to be in compliance with Section R405 or Section R406 R503.1.1.1 Replacement Fenestration alterations. Where new fenestration area is added to an existing building, the new fenestration shall comply with Section R402.3. Where some or all of an existing fenestration unit is replaced with a new fenestration product, including sash and glazing, the replacement fenestration unit shall meet the applicable requirements for U-factor and SHGC as specified in Table R402.1.3. Where more than one replacement fenestration unit is to be installed, an area-weighted average of the U-factor, SHGC or both of all replacement fenestration units shall be an alternative that can be used to show compliance. Exception: Where the existing building exceeds the fenestration area limitations of Section R402.3.6 prior to alteration, the building is exempt from Section R402.3.6 provided that there is not an increase in fenestration area. R503.1.1.2 Roof alterations. Roof alterations shall comply with this section. R503.1.1.2.1 Roof insulation. Roof insulation complying with Section R402.1 or an approved design that minimizes deviation from the insulation requirements, shall be provided for the following roof alterations: 1. An alteration to roof-ceiling construction where there is no insulation above conditioned space, 2. Roof replacement for roofs with insulation entirely above deck, 3. Conversion of unconditioned attic space into conditioned space, 4. Replacement of ceiling finishes exposing cavities or surfaces of the roof-ceiling construction to which insulation can be applied. Roofs not constructed to currently adopted snow loads shall provide a report by a registered design professional or other approved source documenting the structure is capable of supporting loads associated with any changes required by this section. Where compliance with Section R402.1 cannot be met due to limiting conditions on an existing roof, the following shall be permitted to demonstrate compliance with the insulation requirements: 1. Construction documents that include a report by a registered design professional or other approved source documenting details of the limiting conditions affecting compliance with the insulation requirements. 2. Construction documents that include a roof design by a registered design professional or other approved source that minimizes deviation from the insulation requirements. R503.1.1.2.2 Roof and gutter deicing controls. Roof recover and roof replacement alterations with existing or new roof and gutter deicing systems shall have controls installed complying with R403.10. R503.1.3 Above-grade wall alterations. Above-grade wall alterations shall comply with the following requirements as applicable: 1. Where wall cavities are exposed, the cavity shall be filled with cavity insulation complying with Section R303.1.4 and Section R303.2. New cavities created shall be insulated in accordance with Section R402.1 or an approved design that minimizes deviation from the insulation requirements. 2. Where wall cavities are exposed in Level 4 alterations, the cavity shall be insulated in accordance with Section R402.1 or an approved design that minimizes deviation from the insulation requirements. 3. Where exterior wall coverings and fenestration are added or replaced for the full extent of any exterior wall assembly on one or more elevations of the building, insulation shall be provided where required in accordance with one of the following: 3.1. An R-value of continuous insulation not less than that designated in Table R402.1.3 for the applicable above-grade wall type and existing cavity insulation R-value, if any; 3.2 An R-value of not less than that required to bring the above-grade wall into compliance with Table R402.1.3; or, 3.3 An approved design that minimizes deviation from the insulation requirements of Section R402.1. 4. Where Items 1 and 2 apply, the insulation shall be provided in accordance with Section R402.1 using the values for new construction from Table R402.1.3 or an approved design that minimizes deviation from the insulation requirements. 5. Where new interior finishes or exterior wall coverings are applied to the full extent of any exterior wall assembly of mass construction, insulation shall be provided where required in accordance with Section R402.1 or an approved design that minimizes deviation from the insulation requirements. Where any of the above requirements are applicable, the above-grade wall alteration shall comply with Sections 1402.2 and 1404.3 of the International Building Code. R503.1.1.4 Floor alterations. Where an alteration to a floor or floor overhang exposes cavities or surfaces to which insulation can be applied, and the floor or floor overhang is part of the building thermal envelope, the floor or floor overhang shall be brought into compliance with Section R402.1 or an approved design that minimizes deviation from the insulation requirements. This requirement applies to floor alterations where the floor cavities or surfaces are exposed and accessible prior to construction. R503.1.1.5 Below-grade wall alterations. Where unconditioned below-grade space is changed to conditioned space, walls enclosing such conditioned space shall be insulated where required in accordance with Section R402.1. Where the below-grade space is conditioned space and where walls enclosing such space are altered by removing or adding interior finishes, they shall be insulated where required in accordance with Section R402.1. R503.1.1.6 Air barrier. Building thermal envelope assemblies altered in accordance with Section R503.1.1 shall be provided with an air barrier in accordance with Section R402.4.1.1. The air barrier shall not be required to be made continuous with unaltered portions of the building thermal envelope to the extent feasible within the scope of work. Testing requirements of Section R402.5.1.2 shall not be required. Level 4 alterations shall comply with Section R503.1.1.6.1. R503.1.1.6.1 Testing and ventilation. The dwelling unit shall be tested in accordance with Section R402.4.1.2. Where the air infiltration rate is less than 5 air changes per hour, the dwelling unit shall be provided with mechanical ventilation in accordance with Section 403.3.2 of the International Mechanical Code or with other approved means of ventilation and shall be tested in accordance with Section R403.6.3. Exception: An outdoor air ventilation system consisting of a mechanical exhaust system, supply system or combination thereof shall be permitted. Local exhaust or supply systems, including outdoor air ducts connected to the return side of an air handler, are permitted to serve as such a system. Ventilation rate shall be in accordance with Section 403.3.2 of the International Mechanical Code. System shall be tested in accordance with Section R403.6.3. R503.1.2 Heating and cooling systems. HVAC ducts newly installed as part of an alteration shall comply with Section R403. New heating and cooling and duct systems that are part of the alteration shall comply with Section R403 and this section. Alterations to heating, cooling and duct systems shall comply with this section. Exception: Where ducts from an existing heating and cooling system are extended to an addition. R503.1.2.1 Controls New heating and cooling equipment that are part of the alteration shall comply with Section R403.1. R503.1.2.2 Mechanical system acceptance testing. Where an alteration requires compliance with Section R403 or any of its subsections, mechanical systems that serve the alteration shall comply with IECC- Commercial Provisions, Section C408.2. Exception: Heating and cooling equipment that serve multiple dwelling units when alterations are made to a single dwelling unit. R503.1.3 Service hot water systems. New service hot water systems that are part of the alteration shall comply with Section R403.5 and this section. R503.1.3.1 Service hot water system acceptance testing. Where an alteration requires compliance with Section R403.5 or any of its subsections, service hot water systems that serve the alteration shall comply with IECC – Commercial Provisions, Section C408.2. Exception: Where alterations are made to a single dwelling unit where the service water heating equipment serves multiple dwelling units. R503.1.4 Lighting and Power. New lighting and power systems that are part of the alteration shall comply with Section R404.1 and this section. Exception: Alterations that replace less than 10 percent of the luminaires in a space, provided that such alterations do not increase the installed interior lighting power. R503.1.4.1 Electrical Service replacement. Where a building electrical service is replaced, the new electrical service shall include electrical capacity sized in accordance with the NEC (NFPA 70) for the following future branch circuits: 1. Replacement of all currently installed combustion equipment used for cooking with electric cooking appliances in accordance with Section R404.4.1. 2. Replacement of all currently installed combustion equipment used for clothes drying with electric clothes dryers in accordance with Section R404.4.2. 3. Renewable energy infrastructure in accordance with Section R404.5. 4. Electric vehicle charging infrastructure in accordance with Section R404.6. 5. Energy storage infrastructure in accordance with Section R404.7. 6. Replacement of all currently installed combustion lighting with electric lighting. Exception: Where there is not adequate transformer capacity or other infeasibility exists and approved by the Code Official. R503.1.4.2 Electric vehicle charging infrastructure. Alterations shall be provided with electric vehicle charging infrastructure in accordance with this section. R503.1.4.2.1 One- and two-family dwellings and townhouses. An alteration of a one- and two-family dwelling or townhouse shall meet the requirements of Section R404.6 where alteration work in a garage or adjacent to an on-site parking space includes the installation of a new branch circuit. R503.1.4.2.2 R-2 occupancies. Alterations to existing parking facilities in R-2 occupancies shall comply IECC Commercial Provisions, Section C503.5.3. R503.1.5 Energy Assessment. Level 4 alterations shall comply with section R501.8. R503.1.6 Energy Reporting. Level 4 alterations shall comply with section R409.1. SECTION R504 REPAIRS R504.1 General. Buildings, structures and parts thereof shall be repaired in compliance with Section R501.3 and this section. Work on nondamaged components necessary for the required repair of damaged components shall be considered to be part of the repair and shall not be subject to the requirements for alterations in this chapter. Routine maintenance required by Section R501.3, ordinary repairs exempt from permit, and abatement of wear due to normal service conditions shall not be subject to the requirements for repairs in this section. R504.2 Application. For the purposes of this code, the following shall be considered to be repairs: 1. Glass-only replacements in an existing sash and frame. 2. Roof repairs. 3. Repairs where only the bulb, ballast or both within the existing luminaires in a space are replaced provided that the replacement does not increase the installed interior lighting power. SECTION R505 CHANGE OF OCCUPANCY OR USE R505.1 General. Any space that is converted to a dwelling unit or portion thereof from another use or occupancy shall comply with this code. Exception: Where the simulated performance option in Section R405 is used to comply with this section, the annual energy cost of the proposed design is permitted to be 110 percent of the annual energy cost allowed by Section R405.2. R505.1.1 Unconditioned space. Any unconditioned or low-energy space that is altered to become a conditioned space shall comply with Section R502. APPENDIX RD: Renewable Energy Mitigation Program (REMP) User note: About this appendix: Appendix RD is intended to reduce amenity energy use and offset it through the installation of on-site renewable energy systems. RD101 Scope. These provisions shall be applicable to specific exterior and interior energy uses and on-site energy production and energy efficient technologies used to offset those energy uses. Compliance with this section will be documented via the free Public Domain tool “City of Aspen REMP Calculation Sheet” in the most current version at the time of permit application. This tool is available at www.aspen.gov. Projected energy use associated energy offset required, requirements for those uses and offsets, fees, and credits are defined within this tool. RD102 Exterior Energy Uses. Residential and Commercial exterior energy uses (per list below) may be installed only if they meet the requirements of this appendix and the requirements in sections R403 and C403 as applicable. This applies to all installations for which an application for a permit or renewal of an existing permit is filed or is by law required to be filed with or without an associated Building Permit. 1. Snowmelt (ie: driveways, patios, walkways, etc.), including electric heat mats and hydronic roof and gutter deicing systems Exception: Areas critical for access and emergency egress as approved by the building official and including: a. A nine square foot portion of emergency escape and rescue window wells. b. Accessible routes as defined by IBC section 1104.1 and 1104.2 and limited to 48” in width. c. Sidewalks serving buildings or portions of buildings that are not residential buildings in the City Right of Way limited to 48” in width 2. Exterior pools 3. Exterior permanent and portable spas Exception: A maximum of (1) portable spa per property with a water surface area of not more than 64 square feet is exempt. 4. Electric heat tape including roof and gutter deicing systems and exterior piping. Exception: 1000 watts are exempt. 5. Exterior heaters 6. Exterior gas fireplaces and firepits RD102.1 Residential Exterior Energy Use Cap Budget. The total aggregate annual energy use of all exterior energy uses listed in Section RD102 shall be limited to 200,000,000 btu per building site. This energy use may be distributed among the types of regulated energy uses at the discretion of the applicant. Exceptions: 1. Energy uses exempted by Section RD102 2. Energy uses serving buildings or portions of buildings that are not residential buildings. RD103 Interior Energy Uses. Residential and Commercial interior energy uses (per list below) may be installed only if the supplemental energy meets the requirements of this appendix and the requirements in sections R403 and C403 as applicable. This applies to all installations for which an application for a permit or renewal of an existing permit is filed or is by law required to be filed with or without an associated Building Permit. 1. Interior gas fireplaces RD106 REMP Payment Option. The RREMP payment option is the difference in energy use and on-site renewable credits calculated by the “City of Aspen REMP Calculation Sheet” and shall be paid at the time of issuance of the building permit. No refund of payment shall be made to an applicant for installation of renewable energy production that exceeds the on-site renewable credits required pursuant to Appendix A. All monies collected pursuant to this section shall be recorded in a separate fund by the City Finance Director and shall be spent in accordance with a joint resolution by the Aspen City Council and Pitkin County Board of County Commissioners. RD102 Credits for on-site renewable energy. This REMP payment option is voluntary. Applicants interested in exterior energy use systems can alternatively choose to produce on-site renewable energy or use energy efficient technologies to offset energy uses regulated by this appendix in accordance with Section RD105 and as calculated by the “City of Aspen REMP Calculation Sheet”. RD103 Pre-Existing Systems. Pre-existing systems, for which a prior REMP fee was paid, regulated by the scope of this section sought to be replaced by an Applicant, shall receive a pro-rated credit calculated as a fraction of the number of years since prior REMP payment for the system divided by 20 years. For example, a REMP payment made for a system permitted 10 years prior to the current replacement permit submittal would receive credit for ½ of the prior REMP payment and that amount shall be deducted from REMP payment owed for replacement system. For renewable systems installed on site, full credit will be given for up to 20 years after the date of installation. Credits will only be applied to properly permitted and functioning systems within the scope of the adopted Energy Code and applicable Mechanical and Electrical Codes. Systems installed prior to 20 years before the date of permit application are not eligible for pro-ration of system credits. Upgrades to existing mechanical equipment (boilers, heat pumps, HVAC equipment, etc.) or renewables energy systems will not require a re-submittal to the application program. However, additions to or replacement of exterior or interior energy uses (as listed above in Section RD102) will require re-submittal of the appropriate REMP compliance documents. Additions to or replacement of exterior energy uses will be subject to the exterior energy use cap budget (Section RD102.1) which will apply to all existing exterior energy uses in aggregate. Previously permitted existing exterior energy use systems exceeding the exterior energy use cap budget may remain in existence provided there is no alteration or addition to exterior energy use. RD104 Repairs. Repairs to building components, systems, or equipment which do not increase their pre-existing energy consumption need not comply with REMP. RD105 Onsite Renewable Credit Options. On-site renewable energy and energy efficient technologies available for credit are listed in Sections RD105.1 through RD105.5 and shall comply with those sections as applicable. RD105.1 Solar Photovoltaic System. System designer/installer must be certified by COSEIA (Colorado Solar Energy Industries Association) or NABCEP, (North American Board of Certified Energy Practitioners), or a licensed Professional Engineer in the State of Colorado. RD105.2 Solar Hot Water. The size of solar hot water systems is limited to 500 square feet of collector area absent approval by the Building Official. Systems larger than this limit will be considered but will require documentation showing year-round utilization of this larger system. RD105.3 Ground Source Heat Pump (GSHP). Each ground source heat pump system shall be tested and balanced and commissioned in accordance with R407. The design engineer shall certify in writing that it meets or exceeds the design coefficient of performance (COP) as specified in the “City of Aspen REMP Calculation Sheet.” The ground loop system must be designed by a CGD (Certified GeoExchange Designer certified by the Association of Energy Engineers) or a Professional Engineer licensed in the State of Colorado or an IGSHPA (International Ground Source Heat Pump Association) certified designer. The mechanical system must be installed by a certified IGSHPA contractor. RD105.4 Air Source Heat Pump (ASHP). Each air source heat pump system shall be tested and balanced and commissioned in accordance with R407. The design engineer shall certify in writing that it meets or exceeds the design coefficient of performance (COP) as specified in the “City of Aspen REMP Calculation Sheet.” RD105.5 Alternative Energy Source. Approved alternative energy sources designed and installed in accordance with generally accepted engineering practice by an approved third party. RD106 Energy Consumption Reporting. Residential buildings shall comply with Section R409.1. All other buildings shall comply with Section C405.12.9. 2021 INTERNATIONAL ENERGY CONSERVATION CODE® CHAPTER 6 [RE] REFERENCED STANDARDS User note: About this chapter: This code contains numerous references to standards promulgated by other organizations that are used to provide requirements for materials and methods of construction. Chapter 6 contains a comprehensive list of all standards that are referenced in this code. These standards, in essence, are part of this code to the extent of the reference to the standard. This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgat- ing agency of the standard, the standard identification, the effective date and title, and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section R108. AAMA American Architectural Manufacturers Association 1827 Walden Office Square Suite 550 Schaumburg, IL 60173-4268 AAMA/WDMA/CSA 101/I.S.2/A C440—17: North American Fenestration Standard/Specifications for Windows, Doors and Unit Skylights R402.4.3 ACCA Air Conditioning Contractors of America 1330 Braddock Place, Suite 350 Alexandria, VA 22314 ANSI/ACCA 2 Manual J—16: Residential Load Calculation R403.7 ANSI/ACCA 3 Manual S—14: Residential Equipment Selection R403.7 APSP Pool & Tub Alliance (formerly the APSP) 2111 Eisenhower Avenue, Suite 500 Alexandria, VA 22314 ANSI/APSP/ICC 14—2019: American National Standard for Portable Electric Spa Energy Efficiency R403.11 ANSI/APSP/ICC 15a—2011: American National Standard for Residential Swimming Pool and Spas—Includes Addenda A Approved January 9, 2013 R403.12 ASHRAE ASHRAE 180 Technology Parkway NW Peachtree Corners, GA 30092 ASHRAE 193—2010(RA 2014): Method of Test for Determining the Airtightness of HVAC Equipment R403.3.4.1 ASHRAE—2001: 2001 ASHRAE Handbook of Fundamentals Table R405.5.2(1) ASHRAE—2021: ASHRAE Handbook of Fundamentals R402.1.5 R6-1 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® ASTM ASTM International 100 Barr Harbor Drive, P.O. Box C700 West Conshohocken, PA 19428-2959 C1363—11: Standard Test Method for Thermal Performance of Building Materials and Envelope Assemblies by Means of a Hot Box Apparatus R303.1.4.1 E283—2004(2012): Test Method for Determining the Rate of Air Leakage Through Exterior Windows, Curtain Walls and Doors Under Specified Pressure Differences Across the Specimen R402.4.4 E779—2010(2018): Standard Test Method for Determining Air Leakage Rate by Fan Pressurization R402.4.1.2 E1554/E1554M—E2013: Standard Test Methods for Determining Air Leakage of Air Distribution Systems by Fan Pressurization R403.3.5 E1827—: 2011(2017): Standard Test Methods for Determining Airtightness of Building Using an Orifice Blower Door R402.4.1.2 E2178—2013: Standard Test Method for Air Permanence of Building Materials R303.1.5 CSA CSA Group 8501 East Pleasant Valley Road Cleveland, OH 44131-5516 AAMA/WDMA/CSA 101/I.S.2/A440—17: North American Fenestration Standard/Specification for Windows, Doors and Unit Skylights R402.4.3 CSA B55.1—2015: Test Method for Measuring Efficiency and Pressure Loss of Drain Water Heat Recovery Units R403.5.3 CSA B55.2—2015: Drain Water Heat Recovery Units R403.5.3 DASMA Door & Access Systems Manufacturers Association 1300 Sumner Avenue Cleveland, OH 44115-2851 105—2017: Test Method for Thermal Transmittance and Air Infiltration of Garage Doors and Rolling Doors R303.1.3 HVI Home Ventilating Institute 1740 Dell Range Blvd, Ste H, PMB 450 Cheyenne, WY 82009 916—18: Airflow Test Procedure Table R403.6.2 ICC International Code Council, Inc. 500 New Jersey Avenue NW6th Floor Washington, DC 20001 ANSI/APSP/ICC 14—2019: American National Standard for Portable Electric Spa Energy Efficiency R403.11 ANSI/APSP/ICC 15a—2020: American National Standard for Residential Swimming Pool and Spa Energy Efficiency R403.12 ANSI/RESNET/ICC 301—2019: Standard for the Calculation and Labeling of the Energy Performance of Dwelling and Sleeping Units using an Energy Rating Index R406.4 R6-2 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® ICC—continued ANSI/RESNET/ICC 380—2019: Standard for Testing Airtightness of Building, Dwelling Unit and Sleeping Unit Enclosures; Airtightness of Heating and Cooling Air Distribution Systems, and Airflow of Mechanical Ventilation Systems R402.4.1.2 IBC—21: International Building Code® R201.3, R303.1.1, R303.2, R402.1.1, R501.4 ICC 400—17: Standard on the Design and Construction of Log Structures R402.1 ICC 500—2020: ICC/NSSA Standard for the Design and Construction of Storm Shelters R402.5 IEBC—21: International Existing Building Code® R501.4 IECC—06: 2006 International Energy Conservation Code® R202 IECC—09: 2009 International Energy Conservation Code® R406.2 IECC—15: 2015 International Energy Conservation Code® Table R406.5 IFC—21: International Fire Code® R201.3, R501.4 IFGC—21: International Fuel Gas Code® R201.3, R501.4 IMC—21: International Mechanical Code® R201.3, R403.3.3, R403.3.4, R403.6, R501.4 IPC—21: International Plumbing Code® R201.3, R501.4 IPMC—21: International Property Maintenance Code® R501.4 IPSDC—21: International Private Sewage Disposal Code® R501.4 IRC—21: International Residential Code® R201.3, R303.1.1, R303.2, R402.1.1, R402.2.10.1, R403.3.3, R403.3.4, R403.6, R501.4 IEEE Institute of Electrical and Electronics Engineers, Inc. 3 Park Avenue, 17th Floor New York, NY 10016-5997 515.1—2012: IEEE Standard for the Testing, Design, Installation and Maintenance of Electrical Resistance Trace Heating for Commercial Applications R403.5.1.2 NFPA National Fire Protection Association 1 Batterymarch Park Quincy, MA 02169-7471 70—20: National Electrical Code R501.4 R6-3 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® NFRC National Fenestration Rating Council, Inc. 6305 Ivy Lane, Suite 140 Greenbelt, MD 20770 100—2020: Procedure for Determining Fenestration Products U-factors R303.1.3 200—2020: Procedure for Determining Fenestration Product Solar Heat Gain Coefficients and Visible Transmittance at Normal Incidence R303.1.3 400—2020: Procedure for Determining Fenestration Product Air Leakage R402.4.3 RESNET Residential Energy Services Network, Inc. P.O. Box 4561 Oceanside, CA 92052-4561 ANSI/RESNET/ICC 301—2019: Standard for the Calculation and Labeling of the Energy Performance of Dwelling and Sleeping Units using an Energy Rating Index R406.4, R406.7.1, R406.7.6 ANSI/RESNET/ICC 380—2019: Standard for Testing Airtightness of Building, Dwelling Unit and Sleeping Unit Enclosures; Airtightness of Heating and Cooling Air Distribution Systems, and Airflow of Mechanical Ventilation Systems R402.4.1.2, R403.3.5 UL UL LLC 333 Pfingsten Road Northbrook, IL 60062 127—2011: Standard for Factory-Built Fireplaces—with Revisions through July 2016 R402.4.2 515—2015: Standard for Electrical Resistance Trace Heating for Commercial Applications R403.5.1.2 US-FTC United States-Federal Trade Commission 600 Pennsylvania Avenue NW Washington, DC 20580 CFR Title 16 (2015): R-value Rule R303.1.4 WDMA Window and Door Manufacturers Association 2025 M Street NW, Suite 800 Washington, DC 20036-3309 AAMA/WDMA/CSA 101/I.S.2/A440—17: North American Fenestration Standard/Specification for Windows, Doors and Unit Skylights R402.4.3 R6-4 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 CHAPTER 1 [CE] SCOPE AND ADMINISTRATION User note: About this chapter: Chapter 1 establishes the limits of applicability of the code and describes how the code is to be applied and enforced. Chapter 1 is in two parts: Part 1—Scope and Application and Part 2—Administration and Enforcement. Section C101 identifies what buildings, systems, appliances and equipment fall under its purview and references other I-Codes as applicable. Standards and codes are scoped to the extent referenced. The code is intended to be adopted as a legally enforceable document and it cannot be effective without adequate provisions for its administration and enforcement. The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having jurisdiction and also establish the rights and privileges of the design professional, contractor and property owner. PART 1—SCOPE AND APPLICATION SECTION C101 SCOPE AND GENERAL REQUIREMENTS C101.1 Title. This code shall be known as the Energy Conservation Code of the City of Aspen, Colorado, and shall be cited as such. It is referred to herein as “this code.” C101.2 Scope. This code applies to commercial buildings and the buildings’ sites and associated systems and equipment. C101.3 Intent. This code shall regulate the design, and construction, repair, alteration, change of occupancy, and additions of new and existing buildings for the effective use and conservation reduction of greenhouse gas emissions and for the efficient production, use and storage of energy over the useful life of each building. This code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this objective. This code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances. C101.4 Applicability. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. C101.4.1 Mixed residential and commercial buildings. Where a building includes both residential building and commercial building portions, each portion shall be separately considered and meet the applicable provisions of IECC—Commercial Provisions or IECC—Residential Provisions. C101.5 Compliance. Residential buildings shall meet the provisions of IECC—Residential Provisions. Commercial buildings shall meet the provisions of IECC—Commercial Provisions. C101.5.1 Compliance materials. The code official shall be permitted to approve specific computer software, worksheets, compliance manuals and other similar materials that meet the intent of this code. SECTION C102 ALTERNATIVE MATERIALS, DESIGN AND METHODS OF CONSTRUCTION AND EQUIPMENT C102.1 General. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. The code official shall have the authority to approve an alternative material, design or method of construction upon the written application of the owner or the owner’s authorized agent. The code official shall first find that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, energy conservation and safety. The code official shall respond to the applicant, in writing, stating the reasons why the alternative was approved or was not approved. C102.1.1 Above code programs. The code official or other authority having jurisdiction shall be permitted to deem a national, state or local energy efficiency program as exceeding the energy efficiency required by this code. Buildings approved in writing by such an energy efficiency program shall be considered to be in compliance with this code. The requirements identified in Table C407.2 shall be met. PART 2—ADMINISTRATION AND ENFORCEMENT SECTION C103 CONSTRUCTION DOCUMENTS C103.1 General. Construction documents and other supporting data shall be submitted in one or more sets, or in a digital format where allowed by the building official, with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed. Where special conditions exist, the code official is authorized to require necessary construction documents to be prepared by a registered design professional. Exception: The code official is authorized to waive the requirements for construction documents or other supporting data if the code official determines they are not necessary to confirm compliance with this code. C103.2 Information on construction documents. Construction documents shall be drawn to scale on suitable material. Electronic media documents are permitted to be submitted where approved by the code official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in sufficient detail pertinent data and features of the building, systems and equipment as herein governed. Details shall include, but are not limited to, the following as applicable: 1. Energy compliance path. 2. Insulation materials and their R-values. 3. Fenestration U-factors and solar heat gain coefficients (SHGCs). 4. Area-weighted U-factor and solar heat gain coefficient (SHGC) calculations. 5. Mechanical system design criteria. 6. Mechanical and service water-heating systems and equipment types, sizes and efficiencies. 7. Economizer description. 8. Equipment and system controls. 9. Fan motor horsepower (hp) and controls. 10. Duct sealing, duct and pipe insulation and location. 11. Lighting fixture schedule with wattage and control narrative. 12. Location of daylight zones on floor plans. 13. Air barrier and air sealing details, including the location of the air barrier. 14. Location of pathways for routing of raceways, cable, or piping from the solar ready zone to the electrical distribution equipment or service hot water system. 15. Thermal bridges as identified in Section C402.6. 16. Location reserved for inverters, metering equipment, ESS, and a pathway reserved for routing of raceways or conduit from the renewable energy system to the point of interconnection with the electrical service and the ESS. 17. Location and layout of a designated area for ESS. 18. Rated energy capacity and rated power capacity of the installed or planned ESS. 19. Location of and electrical system sizing for designated EVSE spaces, EV Ready spaces, and EV Capable spaces in parking facilities. C103.2.1 Building thermal envelope depiction. The building thermal envelope shall be represented on the construction drawings. C103.2.2 Electrification system. The construction documents shall provide details for additional electric infrastructure, including branch circuits, conduit, pre-wiring, panel capacity, and electrical service capacity, as well as interior and exterior spaces designated for future electric equipment, in compliance with the provisions of this code. C103.3 Examination of documents. The code official shall examine or cause to be examined the accompanying construction documents and shall ascertain whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. The code official is authorized to utilize a registered design professional, or other approved entity not affiliated with the building design or construction, in conducting the review of the plans and specifications for compliance with the code. C103.3.1 Approval of construction documents. When the code official issues a permit where construction documents are required, the construction documents shall be endorsed in writing and stamped “Reviewed for Code Compliance.” Such approved construction documents shall not be changed, modified or altered without authorization from the code official. Work shall be done in accordance with the approved construction documents. One set of the reviewed and approved construction documents shall be retained by the code official. The other set shall be returned to the applicant, kept at the site of work and shall be open to inspection by the code official or a duly authorized representative. C103.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which has been pursued in good faith within 180 days after the effective date of this code and has not been abandoned. C103.3.3 Phased approval. The code official shall have the authority to issue a permit for the construction of part of an energy conservation system before the construction documents for the entire system have been submitted or approved, provided that adequate information and detailed statements have been filed complying with all pertinent requirements of this code. The holders of such permit shall proceed at their own risk without assurance that the permit for the entire energy conservation system will be granted. C103.4 Amended construction documents. Changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. C103.5 Retention of construction documents. One set of approved construction documents shall be retained by the code official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. C103.6 Building documentation and closeout submittal requirements. The construction documents shall specify that the documents described in this section be provided to the building owner or owner’s authorized agent within 90 days of the date of receipt of the certificate of occupancy. C103.6.1 Record documents. Construction documents shall be updated to convey a record of the completed work. Such updates shall include mechanical, electrical and control drawings that indicate all changes to size, type and location of components, equipment and assemblies. C103.6.2 Compliance documentation. Energy code compliance documentation and supporting calculations shall be delivered in one document to the building owner as part of the project record documents or manuals, or as a standalone document. This document shall include the specific energy code edition utilized for compliance determination for each system, documentation demonstrating compliance with Section C303.1.3 for each fenestration product installed, and the interior lighting power compliance path, building area or space-by-space, used to calculate the lighting power allowance. For projects complying with Item 2 of Section C401.2, the documentation shall include: 1. The envelope insulation compliance path. 2. All compliance calculations including those required by Sections C402.1.5, C403.8.1, C405.3 and C405.5. For projects complying with Section C407, the documentation shall include that required by Sections C407.3.1 and C407.3.2. C103.6.3 Systems operation control. Training shall be provided to those responsible for maintaining and operating equipment included in the manuals required by Section C103.6.2. The training shall include: 1. Review of manuals and permanent certificate. 2. Hands-on demonstration of all normal maintenance procedures, normal operating modes, and all emergency shutdown and startup procedures. 3. Training completion report. SECTION C104 FEES C104.1 Fees. A permit shall not be valid until the fees prescribed by Section 2.12.100 of the Aspen Municipal Code are paid in full. A permit shall not be issued until the fees prescribed in Section C104.2 have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. C104.2 Schedule of permit fees. A fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority. C104.34 Work commencing before permit issuance. Any person who commences any work before obtaining the necessary permits shall be subject to an additional fee established by the code official that shall be in addition to the required permit fees. C104.45 Related fees. The payment of the fee for the construction, alteration, removal or demolition of work done in connection to or concurrently with the work or activity authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. C104.56 Refunds. The code official is authorized to establish a refund policy. SECTION C105 INSPECTIONS C105.1 General. Construction or work for which a permit is required shall be subject to inspection by the code official, his or her designated agent or an approved agency, and such construction or work shall remain visible and able to be accessed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain visible and able to be accessed for inspection purposes. Neither the code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material, product, system or building component required to allow inspection to validate compliance with this code. C105.2 Required inspections. The code official, his or her designated agent or an approved agency, upon notification, shall make the inspections set forth in Sections C105.2.1 through C105.2.6. C105.2.1 Footing and foundation insulation. Inspections shall verify the footing and foundation insulation R- value, location, thickness, depth of burial and protection of insulation as required by the code, approved plans and specifications. C105.2.2 Thermal envelope. Inspections shall verify the correct type of insulation, R-values, location of insulation, fenestration, U-factor, SHGC and VT, and that air leakage controls are properly installed, as required by the code, approved plans and specifications. C105.2.3 Plumbing system. Inspections shall verify the type of insulation, R-values, protection required, controls and heat traps as required by the code, approved plans and specifications. C105.2.4 Mechanical system. Inspections shall verify the installed HVAC equipment for the correct type and size, controls, insulation, R-values, system and damper air leakage, minimum fan efficiency, energy recovery and economizer as required by the code, approved plans and specifications. C105.2.5 Electrical system. Inspections shall verify lighting system controls, components, and meters, and additional electric infrastructure as required by the code, approved plans and specifications. Inspections shall verify space availability and pathways to electrical service for future or installed energy storage systems. Inspections shall verify solar-ready zone and conduit or pre-wiring from the solar-ready zone to the electrical panel and proper panel space and capacity necessary for future installation of a solar photovoltaic system. C105.2.6 Final inspection. The final inspection shall include verification of the installation and proper operation of all required building controls, and documentation verifying activities associated with required building commissioning have been conducted in accordance with Section C408. C105.3 Reinspection. A building shall be reinspected where determined necessary by the code official. C105.4 Approved inspection agencies. The code official is authorized to accept reports of third-party inspection agencies not affiliated with the building design or construction, provided that such agencies are approved as to qualifications and reliability relevant to the building components and systems that they are inspecting. C105.5 Inspection requests. It shall be the duty of the holder of the permit or their duly authorized agent to notify the code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. C105.6 Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made to achieve compliance with this code. The work or installation shall then be resubmitted to the code official for inspection and testing. SECTION C106 NOTICE OF APPROVAL C106.1 Approval. After the prescribed tests and inspections indicate that the work complies in all respects with this code, a notice of approval shall be issued by the code official. C106.2 Revocation. The code official is authorized to suspend or revoke, in writing, a notice of approval issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure, premise, or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. SECTION C107 VALIDITY C107.1 General. If a portion of this code is held to be illegal or void, such a decision shall not affect the validity of the remainder of this code. SECTION C108 REFERENCED STANDARDS C108.1 Referenced codes and standards. The codes and standards referenced in this code shall be those listed in Chapter 6, and such codes and standards shall be considered as part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections C108.1.1 and C108.1.2. C108.1.1 Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply. C108.1.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard. C108.2 Applications of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. C108.3 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. SECTION C109 STOP WORK ORDER C109.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. C109.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, the owner’s authorized agent or the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. C109.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. C109.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction. SECTION C110 BOARD OF APPEALS C110.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The code official shall be an ex officio member of said board but shall not have a vote on any matter before the board. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official. C110.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The board shall not have authority to waive requirements of this code. C110.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training and are not employees of the jurisdiction. CHAPTER 2 [CE] DEFINITIONS User note: About this chapter: Codes, by their very nature, are technical documents. Every word, term and punctuation mark can add to or change the meaning of a technical requirement. It is necessary to maintain a consensus on the specific meaning of each term contained in the code. Chapter 2 performs this function by stating clearly what specific terms mean for the purposes of the code. SECTION C201 GENERAL C201.1 Scope. Unless stated otherwise, the following words and terms in this code shall have the meanings indicated in this chapter. C201.2 Interchangeability. Words used in the present tense include the future; words in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural includes the singular. C201.3 Terms defined in other codes. Terms that are not defined in this code but are defined in the International Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, or the International Plumbing Code or the International Residential Code shall have the meanings ascribed to them in those codes. C201.4 Terms not defined. Terms not defined by this chapter shall have ordinarily accepted meanings such as the context implies. SECTION C202 GENERAL DEFINITIONS ABOVE-GRADE WALL. See “Wall, above-grade.” ACCESS (TO). That which enables a device, appliance or equipment to be reached by ready access or by a means that first requires the removal or movement of a panel or similar obstruction. ADDITION. An extension or increase in the conditioned space floor area, number of stories or height of a building or structure. AIR BARRIER. One or more materials joined together in a continuous manner to restrict or prevent the passage of air through the building thermal envelope and its assemblies. AIR CURTAIN. A device, installed at the building entrance, that generates and discharges a laminar air stream intended to prevent the infiltration of external, unconditioned air into the conditioned spaces, or the loss of interior, conditioned air to the outside. ALL-ELECTRIC BUILDING. A building that contains no combustion equipment, or plumbing for combustion equipment, installed within the building or building site. ALTERATION. Any construction, retrofit or renovation to an existing structure other than repair or addition. Also, a change in a building, electrical, gas, mechanical or plumbing system that involves an extension, addition or change to the arrangement, type or purpose of the original installation. APPLIANCE. A device or apparatus that is manufactured and designed to utilize energy and for which this code provides specific requirements. APPROVED. Acceptable to the code official. APPROVED AGENCY. An established and recognized agency that is regularly engaged in conducting tests or furnishing inspection services, or furnishing product certification, where such agency has been approved by the code official. APPROVED SOURCE. An independent person, firm or corporation, approved by the code official, who is competent and experienced in the application of engineering principles to materials, methods or systems analyses. AUTOMATIC. Self-acting, operating by its own mechanism when actuated by some impersonal influence, as, for example, a change in current strength, pressure, temperature or mechanical configuration (see “Manual”). AUTOMOBILE PARKING SPACE. A space within a building or private or public parking lot, exclusive of driveways, ramps, columns, office and work areas, for the parking of an automobile. BELOW-GRADE WALL. See “Wall, below-grade.” BIOGAS. A mixture of hydrocarbons that is a gas at 60°F (15.5°C) and 1 atmosphere of pressure that is produced through the anaerobic digestion of organic matter. BIOMASS. Non-fossilized and biodegradable organic material originating from plants, animals and/or microorganisms, including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non- fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material. BOILER, MODULATING. A boiler that is capable of more than a single firing rate in response to a varying temperature or heating load. BOILER SYSTEM. One or more boilers, their piping and controls that work together to supply steam or hot water to heat output devices remote from the boiler. BUBBLE POINT. The refrigerant liquid saturation temperature at a specified pressure. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy, including any mechanical systems, service water-heating systems and electric power and lighting systems located on the building site and supporting the building. BUILDING COMMISSIONING. A process that verifies and documents that the selected building systems have been designed, installed and function according to the owner’s project requirements and construction documents, and to minimum code requirements. BUILDING ENTRANCE. Any door, set of doors, doorway or other form of portal that is used to gain access to the building from the outside by the public. BUILDING SITE. A contiguous area of land that is under the ownership or control of one entity. BUILDING THERMAL ENVELOPE. The basement walls, exterior walls, floors, ceilings, roofs and any other building element assemblies that enclose conditioned space or provide a boundary between conditioned space and exempt or unconditioned space. CAPTIVE KEY OVERRIDE. A lighting control that will not release the key that activates the override when the lighting is on. CAVITY INSULATION. Insulating material located between framing members. C-FACTOR (THERMAL CONDUCTANCE). The coefficient of heat transmission (surface to surface) through a building component or assembly, equal to the time rate of heat flow per unit area and the unit temperature difference between the warm side and cold side surfaces (Btu/h × ft2 × °F) [W/(m2 × K)]. CHANGE OF OCCUPANCY. A change in the use of a building or a portion of a building that results in any of the following: 1. A change of occupancy classification. 2. A change from one group to another group within an occupancy classification. 3. Any change in use within a group for which there is a change in the application of the requirements of this code. CIRCULATING HOT WATER SYSTEM. A specifically designed water distribution system where one or more pumps are operated in the service hot water piping to circulate heated water from the water-heating equipment to the fixture supply and back to the water-heating equipment. CLIMATE ZONE. A geographical region based on climatic criteria as specified in this code. CODE OFFICIAL. The officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. COEFFICIENT OF PERFORMANCE (COP) − COOLING. The ratio of the rate of heat removal to the rate of energy input, in consistent units, for a complete refrigerating system or some specific portion of that system under designated operating conditions. COEFFICIENT OF PERFORMANCE (COP) − HEATING. The ratio of the rate of heat delivered to the rate of energy input, in consistent units, for a complete heat pump system, including the compressor and, if applicable, auxiliary heat, under designated operating conditions. COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, service water heating, cooking, clothes drying and/or lighting that uses fuel gas or fuel oil. COMMERCIAL BUILDING. For this code, all buildings that are not included in the definition of “Residential building.” COMMERCIAL COOKING APPLIANCES. Appliances used in a commercial food service establishment for heating or cooking food and which produce grease vapors, steam, fumes, smoke or odors that are required to be removed through a local exhaust ventilation system. Such appliances include deep fat fryers, upright broilers, griddles, broilers, steam-jacketed kettles, hot-top ranges, under-fired broilers (charbroilers), ovens, barbecues, rotisseries, and similar appliances. For the purpose of this definition, a food service establishment shall include any building or a portion thereof used for the preparation and serving of food. COMPUTER ROOM. A room whose primary function is to house equipment for the processing and storage of electronic data which has a design total information technology equipment (ITE) equipment power density less than or equal to 20 watts per square foot (20 watts per 0.092 m2) of conditioned area or a design total ITE equipment load less than or equal to 10 kW. CONDENSING UNIT. A factory-made assembly of refrigeration components designed to compress and liquefy a specific refrigerant. The unit consists of one or more refrigerant compressors, refrigerant condensers (air-cooled, evaporatively cooled or water-cooled), condenser fans and motors (where used) and factory-supplied accessories. CONDITIONED FLOOR AREA. The horizontal projection of the floors associated with the conditioned space. CONDITIONED SPACE. An area, room or space that is enclosed within the building thermal envelope and is directly or indirectly heated or cooled. Spaces are indirectly heated or cooled where they communicate through openings with conditioned spaces, where they are separated from conditioned spaces by uninsulated walls, floors or ceilings, or where they contain uninsulated ducts, piping or other sources of heating or cooling. CONSTRUCTION DOCUMENTS. Written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of a project necessary for obtaining a building permit. CONTINUOUS INSULATION (ci). Insulating material that is continuous across all structural members without thermal bridges other than fasteners and service openings. It is installed on the interior or exterior or is integral to any opaque surface of the building envelope. CRAWL SPACE WALL. The opaque portion of a wall that encloses a crawl space and is partially or totally below grade. CURTAIN WALL. Fenestration products used to create an external non load-bearing wall that is designed to separate the exterior and interior environments. DATA CENTER. A room or series of rooms that share data center systems, whose primary function is to house equipment for the processing and storage of electronic data and that has a design total ITE equipment power density exceeding 20 watts per square foot (20 watts per 0.092 m2) of conditioned area and a total design ITE equipment load greater than 10 kW. DATA CENTER SYSTEMS. HVAC systems and equipment, or portions thereof, used to provide cooling or ventilation in a data center. DAYLIGHT RESPONSIVE CONTROL. A device or system that provides automatic control of electric light levels based on the amount of daylight in a space. DAYLIGHT ZONE. That portion of a building’s interior floor area that is illuminated by natural light. DIRECT CURRENT FAST CHARGING (DCFC) EVSE: (fast/rapid charging) Capable of fast charging on a 100A or higher 480VAC three-phase branch circuit. AC power is converted into a controlled DC voltage and current within the EVSE that will then directly charge the electric vehicle. DEDICATED OUTDOOR AIR SYSTEM (DOAS). A ventilation system that supplies 100 percent outdoor air primarily for the purpose of ventilation and that is a separate system from the zone space-conditioning system. DEMAND CONTROL KITCHEN VENTILATION (DCKV). A system that provides automatic, continuous control over exhaust hood and, where provided, makeup air flows speed in response to one or more sensors that monitor cooking activity or through direct communication with cooking appliances. DEMAND CONTROL VENTILATION (DCV). A ventilation system capability that provides for the automatic reduction of outdoor air intake below design rates when the actual occupancy of spaces served by the system is less than design occupancy. DEMAND RECIRCULATION WATER SYSTEM. A water distribution system where one or more pumps prime the service hot water piping with heated water upon a demand for hot water. DIRECT DIGITAL CONTROL (DDC). A type of control where controlled and monitored analog or binary data, such as temperature and contact closures, are converted to digital format for manipulation and calculations by a digital computer or microprocessor, then converted back to analog or binary form to control physical devices. DUCT. A tube or conduit utilized for conveying air. The air passages of self-contained systems are not to be construed as air ducts. DUCT SYSTEM. A continuous passageway for the transmission of air that, in addition to ducts, includes duct fittings, dampers, plenums, fans and accessory air-handling equipment and appliances. DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. DYNAMIC GLAZING. Any fenestration product that has the fully reversible ability to change its performance properties, including U-factor, solar heat gain coefficient (SHGC) or visible transmittance (VT). DX-DEDICATED OUTDOOR AIR SYSTEM UNITS (DX-DOAS UNITS). A type of air-cooled, water-cooled or water source factory assembled product that dehumidifies 100 percent outdoor air to a low dew point and includes reheat that is capable of controlling the supply dry-bulb temperature of the dehumidified air to the designated supply air temperature. This conditioned outdoor air is then delivered directly or indirectly to the conditioned spaces. It may precondition outdoor air by containing an enthalpy wheel, sensible wheel, desiccant wheel, plate heat exchanger, heat pipes, or other heat or mass transfer apparatus. with an energy recovery ventilation system. ECONOMIZER, AIR. A duct and damper arrangement and automatic control system that allows a cooling system to supply outside air to reduce or eliminate the need for mechanical cooling during mild or cold weather. ECONOMIZER, WATER. A system where the supply air of a cooling system is cooled indirectly with water that is itself cooled by heat or mass transfer to the environment without the use of mechanical cooling. 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 CAPABLE SPACE (EV CAPABLE SPACE). A designated automobile parking space that is provided with electrical infrastructure, such as, but not limited to, raceways, cables, electrical capacity, and panelboard or other electrical distribution equipment space, necessary for the future installation of an EVSE. ELECTRIC VEHICLE READY SPACE (EV READY SPACE). An automobile parking space that is provided with a branch circuit and a receptacle outlet that will support an installed EVSE. ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE). Equipment for plug-in power transfer including the ungrounded, grounded and equipment grounding conductors, and the electric vehicle connectors, attachment plugs, personal protection system 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. ELECTRIC VEHICLE SUPPLY EQUIPMENT INSTALLED SPACE (EVSE SPACE). An automobile parking space that is provided with a dedicated EVSE connection. ENCLOSED SPACE. A volume surrounded by solid surfaces such as walls, floors, roofs and openable devices, such as doors and operable windows. ENERGY ANALYSIS. A method for estimating the annual energy use of the proposed design and standard reference design based on estimates of energy use. ENERGY COST. The total estimated annual cost for purchased energy for the building functions regulated by this code, including applicable demand charges. ENERGY RECOVERY VENTILATION SYSTEM. Systems that employ air-to-air heat exchangers to recover energy from exhaust air for the purpose of preheating, precooling, humidifying or dehumidifying outdoor ventilation air prior to supplying the air to a space, either directly or as part of an HVAC system. ENERGY SIMULATION TOOL. An approved software program or calculation-based methodology that projects the annual energy use of a building. ENERGY STORAGE SYSTEM (ESS). One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time. ENTHALPY RECOVERY RATIO. Change in the enthalpy of the outdoor air supply divided by the difference between the outdoor air and entering exhaust air enthalpy, expressed as a percentage. ENTRANCE DOOR. A vertical fenestration product used for occupant ingress, egress and access in nonresidential buildings, including, but not limited to, exterior entrances utilizing latching hardware and automatic closers and containing over 50 percent glazing specifically designed to withstand heavy-duty usage. EQUIPMENT ROOM. A space that contains either electrical equipment, mechanical equipment, machinery, water pumps or hydraulic pumps that are a function of the building’s services. EXTERIOR WALL. Walls including both above-grade walls and basement walls. FAN, EMBEDDED. A fan that is part of a manufactured assembly where the assembly includes functions other than air movement. FAN ARRAY. Multiple fans in parallel between two plenum sections in an air distribution system. FAN BRAKE HORSEPOWER (BHP). The horsepower delivered to the fan’s shaft. Brake horsepower does not include the mechanical drive losses, such as that from belts and gears. FAN ENERGY INDEX (FEI). The ratio of the electric input power of a reference fan to the electric input power of the actual fan as calculated in accordance with AMCA 208. FAN NAMEPLATE ELECTRICAL INPUT POWER. The nominal electrical input power rating stamped on a fan assembly nameplate. FAN SYSTEM BHP. The sum of the fan brake horsepower of all fans that are required to operate at fan system design conditions to supply air from the heating or cooling source to the conditioned spaces and return it to the source or exhaust it to the outdoors. FAN SYSTEM DESIGN CONDITIONS. Operating conditions that can be expected to occur during normal system operation that result in the highest supply fan airflow rate to conditioned spaces served by the system, other than during air economizer operation. FAN SYSTEM ELECTRICAL INPUT POWER. The sum of the fan electrical power of all fans that are required to operate at fan system design conditions to supply air from the heating or cooling source to the conditioned spaces and/or return it to the source or exhaust it to the outdoors. FAN SYSTEM MOTOR NAMEPLATE HP. The sum of the motor nameplate horsepower of all fans that are required to operate at design conditions to supply air from the heating or cooling source to the conditioned spaces and return it to the source or exhaust it to the outdoors. FAULT DETECTION AND DIAGNOSTICS (FDD) SYSTEM. A software platform that utilizes building analytic algorithms to convert data provided by sensors and devices to automatically identify faults in building systems and provide a prioritized list of actionable resolutions to those faults based on cost or energy avoidance, comfort and maintenance impact. FENESTRATION. Products classified as either skylights or vertical fenestration. Skylights. Glass or other transparent or translucent glazing material installed at a slope of less than 60 degrees (1.05 rad) from horizontal, including unit skylights, tubular daylighting devices and glazing materials in solariums, sunrooms, roofs, greenhouses and sloped walls. Vertical fenestration. Windows that are fixed or operable, opaque doors, glazed doors, glazed block and combination opaque and glazed doors composed of glass or other transparent or translucent glazing materials and installed at a slope of not less than 60 degrees (1.05 rad) from horizontal. FENESTRATION PRODUCT, FIELD-FABRICATED. A fenestration product whose frame is made at the construction site of standard dimensional lumber or other materials that were not previously cut or otherwise formed with the specific intention of being used to fabricate a fenestration product or exterior door. Field-fabricated does not include site-built fenestration. FENESTRATION PRODUCT, SITE-BUILT. A fenestration designed to be made up of field-glazed or field-assembled units using specific factory cut or otherwise factory-formed framing and glazing units. Examples of site-built fenestration include storefront systems, curtain walls and atrium roof systems. F-FACTOR. The perimeter heat loss factor for slab-on-grade floors (Btu/h × ft × °F) [W/(m × K)]. FLOOR AREA, NET. The actual occupied area not including unoccupied accessory areas such as corridors, stairways, toilet rooms, mechanical rooms and closets. FUEL GAS. A natural gas, manufactured gas, liquified petroleum gas or a mixture of these. FUEL OIL. Kerosene or any hydrocarbon oil having a flash point not less than 100°F (38°C). GENERAL LIGHTING. Interior lighting that provides a substantially uniform level of illumination throughout a space. GREENHOUSE. A structure or a thermally isolated area of a building that maintains a specialized sunlit environment exclusively used for, and essential to, the cultivation, protection or maintenance of plants. Greenhouses are those that are erected for a period of 180 days or more. GROUP R. Buildings or portions of buildings that contain any of the following occupancies as established in the International Building Code: 1. Group R-1. 2. Group R-2 where located more than three stories in height above grade plane. 3. Group R-4 where located more than three stories in height above grade plane. HEAT TRAP. An arrangement of piping and fittings, such as elbows, or a commercially available heat trap that prevents thermos-syphoning of hot water during standby periods. HEATED SLAB. Slab-on-grade construction in which the heating elements, hydronic tubing or hot air distribution system is in contact with, or placed within or under, the slab. HIGH SPEED DOOR. A non-swinging door used primarily to facilitate vehicular access or material transportation, with a minimum opening rate of 32 inches (813 mm) per second, a minimum closing rate of 24 inches (610 mm) per second and that includes an automatic-closing device. HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed, or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places. 2. Designated as historic under an applicable state or local law. 3. Certified as a contributing resource within a National Register-listed, state-designated or locally designated historic district. IEC DESIGN H MOTOR. An electric motor that meets all of the following: 1. It is an induction motor designed for use with three-phase power. 2. It contains a cage rotor. 3. It is capable of direct-on-line starting. 4. It has four, six or eight poles. 5. It is rated from 0.4 kW to 1600 kW at a frequency of 60 hertz. IEC DESIGN N MOTOR. An electric motor that meets all of the following: 1. It is an induction motor designed for use with three-phase power. 2. It contains a cage rotor. 3. It is capable of direct-on-line starting. 4. It has two, four, six or eight poles. 5. It is rated from 0.4 kW to 1600 kW at a frequency of 60 hertz. INFILTRATION. The uncontrolled inward air leakage into a building caused by the pressure effects of wind or the effect of differences in the indoor and outdoor air density or both. INFORMATION TECHNOLOGY EQUIPMENT (ITE). Items including computers, data storage devices, servers and network and communication equipment. INTEGRATED PART LOAD VALUE (IPLV). A single-number figure of merit based on part-load EER, COP or kW/ton expressing part-load efficiency for air-conditioning and heat pump equipment on the basis of weighted operation at various load capacities for equipment. INTERNAL CURTAIN SYSTEM. A system consisting of movable panels of fabric or plastic film used to cover and uncover the space enclosed in a greenhouse on a daily basis. ISOLATION DEVICES. Devices that isolate HVAC zones so that they can be operated independently of one another. Isolation devices include separate systems, isolation dampers and controls providing shutoff at terminal boxes. LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose. LARGE-DIAMETER CEILING FAN. A ceiling fan that is greater than 7 feet (2134 mm) in diameter. These fans are sometimes referred to as High-Volume, Low-Speed (HVLS) fans. LINER SYSTEM (Ls). A system that includes the following: 1. A continuous vapor barrier liner membrane that is installed below the purlins and that is uninterrupted by framing members. 2. An uncompressed, unfaced insulation resting on top of the liner membrane and located between the purlins. For multilayer installations, the last rated R-value of insulation is for unfaced insulation draped over purlins and then compressed when the metal roof panels are attached. LISTED. Equipment, materials, products or services included in a list published by an organization acceptable to the code official and concerned with evaluation of products or services that maintains periodic inspection of production of listed equipment or materials or periodic evaluation of services and whose listing states either that the equipment, material, product or service meets identified standards or has been tested and found suitable for a specified purpose. LOW-SLOPED ROOF. A roof having a slope less than 2 units vertical in 12 units horizontal. LOW-VOLTAGE DRY-TYPE DISTRIBUTION TRANSFORMER. A transformer that is air-cooled, does not use oil as a coolant, has an input voltage less than or equal to 600 volts and is rated for operation at a frequency of 60 hertz. LUMINAIRE-LEVEL LIGHTING CONTROLS. A lighting system consisting of one or more luminaires with embedded lighting control logic, occupancy and ambient light sensors, wireless networking capabilities and local override switching capability, where required. MANUAL. Capable of being operated by personal intervention (see “Automatic”). NAMEPLATE HORSEPOWER. The nominal motor output power rating stamped on the motor nameplate. NEMA DESIGN A MOTOR. A squirrel-cage motor that meets all of the following: 1. It is designed to withstand full-voltage starting and develop locked-rotor torque as shown in paragraph 12.38.1 of NEMA MG 1. 2. It has pull-up torque not less than the values shown in paragraph 12.40.1 of NEMA MG 1. 3. It has breakdown torque not less than the values shown in paragraph 12.39.1 of NEMA MG 1. 4. It has a locked-rotor current higher than the values shown in paragraph 12.35.1 of NEMA MG 1 for 60 hertz and paragraph 12.35.2 of NEMA MG 1 for 50 hertz. 5. It has a slip at rated load of less than 5 percent for motors with fewer than 10 poles. NEMA DESIGN B MOTOR. A squirrel-cage motor that meets all of the following: 1. It is designed to withstand full-voltage starting. 2. It develops locked-rotor, breakdown and pull-up torques adequate for general application as specified in Sections 12.38, 12.39 and 12.40 of NEMA MG1. 3. It draws locked-rotor current not to exceed the values shown in Section 12.35.1 for 60 hertz and Section 12.35.2 for 50 hertz of NEMA MG1. 4. It has a slip at rated load of less than 5 percent for motors with fewer than 10 poles. NEMA DESIGN C MOTOR. A squirrel-cage motor that meets all of the following: 1. Designed to withstand full-voltage starting and develop locked-rotor torque for high-torque applications up to the values shown in paragraph 12.38.2 of NEMA MG1 (incorporated by reference, see A§431.15). 2. It has pull-up torque not less than the values shown in paragraph 12.40.2 of NEMA MG1. 3. It has breakdown torque not less than the values shown in paragraph 12.39.2 of NEMA MG1. 4. It has a locked-rotor current not to exceed the values shown in paragraph 12.35.1 of NEMA MG1 for 60 hertz and paragraph 12.35.2 for 50 hertz. 5. It has a slip at rated load of less than 5 percent. NETWORKED GUESTROOM CONTROL SYSTEM. A control system, with access from the front desk or other central location associated with a Group R-1 building, that is capable of identifying the rented and unrented status of each guestroom according to a timed schedule, and is capable of controlling HVAC in each hotel and motel guestroom separately. NONSTANDARD PART LOAD VALUE (NPLV). A single-number part-load efficiency figure of merit calculated and referenced to conditions other than IPLV conditions, for units that are not designed to operate at AHRI standard rating conditions. OCCUPANT SENSOR CONTROL. An automatic control device or system that detects the presence or absence of people within an area and causes lighting, equipment or appliances to be regulated accordingly. ON-SITE RENEWABLE ENERGY. Energy from renewable energy resources harvested at the building project site. OPAQUE DOOR. A door that is not less than 50-percent opaque in surface area. POWERED ROOF/WALL VENTILATORS. A fan consisting of a centrifugal or axial impeller with an integral driver in a weather-resistant housing and with a base designed to fit, usually by means of a curb, over a wall or roof opening. PROPOSED DESIGN. A description of the proposed building used to estimate annual energy use for determining compliance based on total building performance. RADIANT HEATING SYSTEM. A heating system that transfers heat to objects and surfaces within a conditioned space, primarily by infrared radiation. READY ACCESS (TO). That which enables a device, appliance or equipment to be directly reached without requiring the removal or movement of any panel or similar obstruction. REFRIGERANT DEW POINT. The refrigerant vapor saturation temperature at a specified pressure. REFRIGERATED WAREHOUSE COOLER. An enclosed storage space capable of being refrigerated to temperatures above 32°F (0°C) that can be walked into and has a total chilled storage area of not less than 3,000 square feet (279 m2). REFRIGERATED WAREHOUSE FREEZER. An enclosed storage space capable of being refrigerated to temperatures at or below 32°F (0°C) that can be walked into and has a total chilled storage area of not less than 3,000 square feet (279 m2). REFRIGERATION SYSTEM, LOW TEMPERATURE. Systems for maintaining food product in a frozen state in refrigeration applications. REFRIGERATION SYSTEM, MEDIUM TEMPERATURE. Systems for maintaining food product above freezing in refrigeration applications. REGISTERED DESIGN PROFESSIONAL. An individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state or jurisdiction in which the project is to be constructed. RENEWABLE ENERGY RESOURCES. Energy derived from solar radiation, wind, waves, tides, landfill gas, biogas, biomass or extracted from hot fluid or steam heated within the earth. REPAIR. The reconstruction or renewal of any part of an existing building for the purpose of its maintenance or to correct damage. REROOFING. The process of recovering or replacing an existing roof covering. See “Roof recover” and “Roof replacement.” RESIDENTIAL BUILDING. For this code, includes detached one- and two-family dwellings and multiple single- family dwellings (townhouses) and Group R-2, R-3 and R-4 buildings three stories or less in height above grade plane. ROOF ASSEMBLY. A system designed to provide weather protection and resistance to design loads. The system consists of a roof covering and roof deck or a single component serving as both the roof covering and the roof deck. A roof assembly includes the roof covering, underlayment, roof deck, insulation, vapor retarder and interior finish. ROOF RECOVER. The process of installing an additional roof covering over an existing roof covering without removing the existing roof covering. ROOF REPAIR. Reconstruction or renewal of any part of an existing roof for the purpose of its maintenance. ROOF REPLACEMENT. The process of removing the existing roof covering, repairing any damaged substrate and installing a new roof covering. An alteration that includes the removal of all existing layers of roof assembly materials down to the roof deck and installing replacement materials above the existing roof deck. ROOFTOP MONITOR. A raised section of a roof containing vertical fenestration along one or more sides. R-VALUE (THERMAL RESISTANCE). The inverse of the time rate of heat flow through a body from one of its bounding surfaces to the other surface for a unit temperature difference between the two surfaces, under steady state conditions, per unit area (h × ft2 × °F/Btu) [(m2 × K)/W]. SATURATED CONDENSING TEMPERATURE. The saturation temperature corresponding to the measured refrigerant pressure at the condenser inlet for single component and azeotropic refrigerants, and the arithmetic average of the dew point and bubble point temperatures corresponding to the refrigerant pressure at the condenser entrance for zeotropic refrigerants. SERVICE WATER HEATING. Supply of hot water for purposes other than comfort heating. SLEEPING UNIT. A room or space in which people sleep that can include permanent provisions for living, eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are part of a dwelling unit are not sleeping units. SMALL ELECTRIC MOTOR. A general purpose alternating-current single-speed induction motor. SOLAR HEAT GAIN COEFFICIENT (SHGC). The ratio of the solar heat gain entering the space through the fenestration assembly to the incident solar radiation. Solar heat gain includes directly transmitted solar heat and absorbed solar radiation that is then reradiated, conducted or convected into the space. 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. STANDARD REFERENCE DESIGN. A version of the proposed design that meets the minimum requirements of this code and is used to determine the maximum annual energy use requirement for compliance based on total building performance. STOREFRONT. A system of doors and windows mulled as a composite fenestration structure that has been designed to resist heavy use. Storefront systems include, but are not limited to, exterior fenestration systems that span from the floor level or above to the ceiling of the same story on commercial buildings, with or without mulled windows and doors. TESTING UNIT ENCLOSURE AREA. The area sum of all the boundary surfaces that define the dwelling unit, sleeping unit or occupiable conditioned space including top/ceiling, bottom/floor and all side walls. This does not include interior partition walls within the dwelling unit, sleeping unit, or occupiable conditioned space. Wall height shall be measured from the finished floor of the conditioned space to the finished floor or roof/ceiling air barrier above. THERMAL BRIDGE. An element or interface of elements that has a higher thermal conductivity than the surrounding building thermal envelope, which creates a path of least resistance for heat transfer. THERMAL DISTRIBUTION EFFICIENCY (TDE). The resistance to changes in air heat as air is conveyed through a distance of air duct. TDE is a heat loss calculation evaluating the difference in the heat of the air between the air duct inlet and outlet caused by differences in temperatures between the air in the duct and the duct material. TDE is expressed as a percent difference between the inlet and outlet heat in the duct. THERMOSTAT. An automatic control device used to maintain temperature at a fixed or adjustable setpoint. TIME SWITCH CONTROL. An automatic control device or system that controls lighting or other loads, including switching off, based on time schedules. U-FACTOR (THERMAL TRANSMITTANCE). The coefficient of heat transmission (air to air) through a building component or assembly, equal to the time rate of heat flow per unit area and unit temperature difference between the warm side and cold side air films (Btu/h × ft2 × °F) [W/(m2 × K)]. VARIABLE REFRIGERANT FLOW SYSTEM. An engineered direct-expansion (DX) refrigerant system that incorporates a common condensing unit, at least one variable-capacity compressor, a distributed refrigerant piping network to multiple indoor fan heating and cooling units each capable of individual zone temperature control, through integral zone temperature control devices and a common communications network. Variable refrigerant flow utilizes three or more steps of control on common interconnecting piping. VEGETATIVE ROOF. An assembly of interacting components designed to waterproof a building’s top surface that includes, by design, vegetation and related landscape elements. VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. VENTILATION AIR. That portion of supply air that comes from outside (outdoors) plus any recirculated air that has been treated to maintain the desired quality of air within a designated space. VISIBLE TRANSMITTANCE (VT). The ratio of visible light entering the space through the fenestration product assembly to the incident visible light. Visible transmittance includes the effects of glazing material and frame and is expressed as a number between 0 and 1. VISIBLE TRANSMITTANCE, ANNUAL (VTannual). The ratio of visible light entering the space through the fenestration product assembly to the incident visible light during the course of a year, which includes the effects of glazing material, frame, and light well or tubular conduit, and is expressed as a number between 0 and 1. VOLTAGE DROP. A decrease in voltage caused by losses in the wiring systems that connect the power source to the load. WALK-IN COOLER. An enclosed storage space capable of being refrigerated to temperatures above 32°F (0°C) and less than 55°F (12.8°C) that can be walked into, has a ceiling height of not less than 7 feet (2134 mm) and has a total chilled storage area of less than 3,000 square feet (279 m2). WALK-IN FREEZER. An enclosed storage space capable of being refrigerated to temperatures at or below 32°F (0°C) that can be walked into, has a ceiling height of not less than 7 feet (2134 mm) and has a total chilled storage area of less than 3,000 square feet (279 m2). WALL, ABOVE-GRADE. A wall associated with the building thermal envelope that is more than 15 percent above grade and is on the exterior of the building or any wall that is associated with the building thermal envelope that is not on the exterior of the building. This includes, but is not limited to, between-floor spandrels, peripheral edges of floors, roof knee walls, dormer walls, gable end walls, walls enclosing a mansard roof and skylight shafts. WALL, BELOW-GRADE. A wall associated with the basement or first story of the building that is part of the building thermal envelope, is not less than 85 percent below grade and is on the exterior of the building. WATER HEATER. Any heating appliance or equipment that heats potable water and supplies such water to the potable hot water distribution system. WORK AREA. That portion or portions of a building consisting of all reconfigured spaces as indicated on the construction documents. Work area excludes other portions of the building where incidental work entailed by the intended work must be performed and portions of the building where work not initially intended by the owner is specifically required by this code. ZONE. A space or group of spaces within a building with heating or cooling requirements that are sufficiently similar so that desired conditions can be maintained throughout using a single controlling device. CHAPTER 3 [CE] GENERAL REQUIREMENTS User note: About this chapter: Chapter 3 addresses broadly applicable requirements that would not be at home in other chapters having more specific coverage of subject matter. This chapter establishes climate zone by US counties and territories and includes methodology for determining climate zones elsewhere. It also contains product rating, marking and installation requirements for materials such as insulation, windows, doors and siding. SECTION C301 CLIMATE ZONES Section C301 Climate zones is deleted in its entirety and shall read as follows: The City of Aspen, Colorado, shall use Climate Zone 7. SECTION C302 DESIGN CONDITIONS C302.1 Interior design conditions. The interior design temperatures used for heating and cooling load calculations shall be a maximum of 72°F (22°C) for heating and minimum of 75°F (24°C) for cooling. SECTION C303 MATERIALS, SYSTEMS AND EQUIPMENT C303.1 Identification. Materials, systems and equipment shall be identified in a manner that will allow a determination of compliance with the applicable provisions of this code. C303.1.1 Building thermal envelope insulation. An R-value identification mark shall be applied by the manufacturer to each piece of building thermal envelope insulation 12 inches (305 mm) or greater in width. Alternatively, the insulation installers shall provide a certification listing the type, manufacturer and R-value of insulation installed in each element of the building thermal envelope. For blown-in or sprayed fiberglass and cellulose insulation, the initial installed thickness, settled thickness, settled R-value, installed density, coverage area and number of bags installed shall be indicated on the certification. For sprayed polyurethane foam (SPF) insulation, the installed thickness of the areas covered and R-value of installed thickness shall be indicated on the certification. For insulated siding, the R-value shall be labeled on the product’s package and shall be indicated on the certification. The insulation installer shall sign, date and post the certification in a conspicuous location on the job site. Exception: For roof insulation installed above the deck, the R-value shall be labeled as required by the material standards specified in Table 1508.2 of the International Building Code. C303.1.1.1 Blown-in or sprayed roof/ceiling insulation. The thickness of blown-in or sprayed fiberglass and cellulose roof/ceiling insulation shall be written in inches (mm) on markers and one or more of such markers shall be installed for every 300 square feet (28 m2) of attic area throughout the attic space. The markers shall be affixed to the trusses or joists and marked with the minimum initial installed thickness with numbers not less than 1 inch (25 mm) in height. Each marker shall face the attic access opening. Spray polyurethane foam thickness and installed R-value shall be indicated on certification provided by the insulation installer. C303.1.2 Insulation mark installation. Insulating materials shall be installed such that the manufacturer’s R-value mark is readily observable upon inspection. For insulation materials that are installed without an observable manufacturer’s R-value mark, such as blown or draped products, an insulation certificate complying with Section C303.1.1 shall be left immediately after installation by the installer, in a conspicuous location within the building, to certify the installed R-value of the insulation material. C303.1.3 Fenestration product rating. U-factors of fenestration products shall be determined as follows: 1. For windows, doors and skylights, U-factor ratings shall be determined in accordance with NFRC 100. 2. Where required for garage doors and rolling doors, U-factor ratings shall be determined in accordance with either NFRC 100 or ANSI/DASMA 105. U-factors shall be determined by an accredited, independent laboratory, and labeled and certified by the manufacturer. Products lacking such a labeled U-factor shall be assigned a default U-factor from Table C303.1.3(1) or Table C303.1.3(2). The solar heat gain coefficient (SHGC) and visible transmittance (VT) of glazed fenestration products (windows, glazed doors and skylights) shall be determined in accordance with NFRC 200 by an accredited, independent laboratory, and labeled and certified by the manufacturer. Products lacking such a labeled SHGC or VT shall be assigned a default SHGC or VT from Table C303.1.3(3). For Tubular Daylighting Devices, VTannual shall be measured and rated in accordance with NFRC 203. TABLE C303.1.3(1) DEFAULT GLAZED WINDOW, GLASS DOOR AND SKYLIGHT U-FACTORS FRAME TYPE W AND GLASS DOOR SKYLIGHT Single Double Single Double Metal 1.20 0.80 2.00 1.30 Metal with Thermal Break 1.10 0.65 1.90 1.10 Nonmetal or Metal Clad 0.95 0.55 1.75 1.05 Glazed Block 0.60 TABLE C303.1.3(2) DEFAULT OPAQUE DOOR U-FACTORS DOOR TYPE OPAQUE U-FACTOR Uninsulated Metal 1.20 Insulated Metal (Rolling) 0.90 Insulated Metal (Other) 0.60 Wood 0.50 Insulated, nonmetal edge, max 45% glazing, any glazing double pane 0.35 TABLE C303.1.3(3) DEFAULT GLAZED FENESTRATION SHGC AND VT SINGLE GLAZED DOUBLE GLAZED GLAZED BLOCK Clear Tinted Clear Tinted SHGC 0.8 0.7 0.7 0.6 0.6 VT 0.6 0.3 0.6 0.3 0.6 C303.1.4 Insulation product rating. The thermal resistance (R-value) of insulation shall be determined in accordance with the US Federal Trade Commission R-value rule (CFR Title 16, Part 460) in units of h × ft2 × °F/Btu at a mean temperature of 75°F (24°C). C303.1.4.1 Insulated siding. The thermal resistance (R-value) of insulated siding shall be determined in accordance with ASTM C1363. Installation for testing shall be in accordance with the manufacturer’s instructions. C303.2 Installation. Materials, systems and equipment shall be installed in accordance with the manufacturer’s instructions and the International Building Code. C303.2.1 Protection of exposed foundation insulation. Insulation applied to the exterior of basement walls, crawl space walls and the perimeter of slab-on-grade floors shall have a rigid, opaque and weather-resistant protective covering to prevent the degradation of the insulation’s thermal performance. The protective covering shall cover the exposed exterior insulation and extend not less than 6 inches (153 mm) below grade. C303.2.2 Multiple layers of continuous insulation board. Where two or more layers of continuous insulation board are used in a construction assembly, the continuous insulation boards shall be installed in accordance with Section C303.2. Where the continuous insulation board manufacturer’s instructions do not address installation of two or more layers, the edge joints between each layer of continuous insulation boards shall be staggered. CHAPTER 4 [CE] COMMERCIAL ENERGY EFFICIENCY User note: About this chapter: Chapter 4 presents the paths and options for compliance with the energy efficiency provisions. Chapter 4 contains energy efficiency provisions for the building envelope, mechanical and water heating systems, lighting and additional efficiency requirements. A performance alternative is also provided to allow for energy code compliance other than by the prescriptive method. SECTION C401 GENERAL C401.1 Scope. The provisions in this chapter are applicable to commercial buildings and their building sites. C401.2 Application. Commercial buildings shall comply with Section C401.2.1 or C401.2.2. Commercial buildings shall also comply with C401.3 and C401.4. C401.2.1 International Energy Conservation Code Prescriptive Path of Compliance. Commercial buildings shall comply with one of the following: 1. Prescriptive Compliance. The Prescriptive Compliance option requires compliance with Sections C402 through C406 and Section C408. Dwelling units and sleeping units in Group R-2 buildings without systems serving multiple units shall be deemed to be in compliance with this chapter, provided that they comply with IECC – Residential Provisions, Section R406. 2. Total Simulated Building Performance. The Total Simulated Building Performance option requires compliance with Section C407. Exception: Additions, alterations, repairs and changes of occupancy to existing buildings complying with Chapter 5. C401.2.2 ASHRAE 90.1 Performance Path of Compliance. Commercial buildings shall comply with the requirements of ANSI/ASHRAE/IESNA 90.1-2016 Appendix G. C402.2.2.1 Mandatory Requirements. Compliance based on Appendix G requires a proposed design that meets all of the following: 1. Annual energy cost that is less than or equal to 70 percent of the annual energy cost of the standard reference design. Energy prices shall be taken from a source approved by the code official, such as the Department of Energy, Energy Information Administration’s State Energy Data System Prices and Expenditures reports. The reduction in energy cost of the proposed design associated with on-site renewable energy shall not be more than 5 percent of the total energy cost. The amount of renewable energy purchased from off-site sources shall be the same in the standard reference design and the proposed design. Site energy (1 kWh = 3413 Btu) rather than energy cost may be used as the metric of comparison. 2. The requirements of Sections C402.6, C403.13 and Sections C405.12 through C405.17 of this code. C401.3 Thermal envelope certificate. A permanent thermal envelope certificate shall be completed by an approved party. Such certificate shall be posted on a wall in the space where the space conditioning equipment is located, a utility room or other approved location. If located on an electrical panel, the certificate shall not cover or obstruct the visibility of the circuit directory label, service disconnect label or other required labels. A copy of the certificate shall also be included in the construction files for the project. The certificate shall include the following: 1. R-values of insulation installed in or on ceilings, roofs, walls, foundations and slabs, basement walls, crawl space walls and floors and ducts outside conditioned spaces. 2. U-factors and solar heat gain coefficients (SHGC) of fenestrations. 3. Results from any building envelope air leakage testing performed on the building. Where there is more than one value for any component of the building envelope, the certificate shall indicate the area-weighted average value where available. If the area- weighted average is not available, the certificate shall list each value that applies to 10 percent or more of the total component area. C401.4 Metering. Each dwelling unit shall have separate electric and water meters. Where gas is installed to the building, each dwelling unit shall have a separate gas meter. SECTION C402 BUILDING ENVELOPE REQUIREMENTS C402.1 General. Building thermal envelope assemblies for buildings that are intended to comply with the code on a prescriptive basis in accordance with the compliance path described in Item 1 of Section C401.2.1 shall comply with the following: 1. The opaque portions of the building thermal envelope shall comply with the specific insulation requirements of Section C402.2 and the thermal requirements of either the R-value-based method of Section C402.1.3; the U-, C- and F-factor-based method of Section C402.1.4; or the component performance alternative of Section C402.1.5. 2. Roof solar reflectance and thermal emittance shall comply with Section C402.3. 3. Fenestration in building envelope assemblies shall comply with Section C402.4. 4. Air leakage of building envelope assemblies shall comply with Section C402.5. 5. Thermal bridges in above-grade walls shall comply with Section C402.6. Alternatively, where buildings have a vertical fenestration area or skylight area exceeding that allowed in Section C402.4, the building and building thermal envelope shall comply with Item 2 of Section C401.2.1 or Section C401.2.2. Walk-in coolers, walk-in freezers, refrigerated warehouse coolers and refrigerated warehouse freezers shall comply with Section C403.11. C402.1.1 Low-energy buildings and greenhouses. The following low-energy buildings, or portions thereof separated from the remainder of the building by building thermal envelope assemblies complying with this section, shall be exempt from the building thermal envelope provisions of Section C402. 1. Those with a peak design rate of energy usage less than 3.4 Btu/h × ft2 (10.7 W/m2) or 1.0 watt per square foot (10.7 W/m2) of floor area for space conditioning purposes. 2. Those that do not contain conditioned space. C402.1.1.1 Greenhouses. Greenhouse structures or areas that are mechanically heated or cooled and that comply with all of the following shall be exempt from the building envelope requirements of this code: 1. Exterior opaque envelope assemblies comply with Sections C402.2 and C402.4.5. Exception: Low energy greenhouses that comply with Section C402.1.1. 2. Interior partition building thermal envelope assemblies that separate the greenhouse from conditioned space comply with Sections C402.2, C402.4.3 and C402.4.5. 3. Fenestration assemblies that comply with the thermal envelope requirements in Table C402.1.1.1. The U-factor for a roof shall be for the roof assembly or a roof that includes the assembly and an internal curtain system. Exception: Unconditioned greenhouses. TABLE C402.1.1.1 FENESTRATION THERMAL ENVELOPE MAXIMUM REQUIREMENTS COMPONENT U-FACTOR (BTU/h × ft2 × °F) Skylight 0.5 Vertical fenestration 0.7 C402.1.2 Equipment buildings. Buildings that comply with the following shall be exempt from the building thermal envelope provisions of this code: 1. Are separate buildings with floor area not more than 1,200 square feet (110 m2). 2. Are intended to house electric equipment with installed equipment power totaling not less than 7 watts per square foot (75 W/m2) and not intended for human occupancy. 3. Have a heating system capacity not greater than (17,000 Btu/hr) (5 kW) and a heating thermostat setpoint that is restricted to not more than 50°F (10°C). 4. Have an average wall and roof U-factor less than 0.200 in Climate Zones 1 through 5 and less than 0.120 in Climate Zones 6 through 8. 5. Comply with the roof solar reflectance and thermal emittance provisions for Climate Zone 1. C402.1.3 Insulation component R-value-based method. Building thermal envelope opaque assemblies shall comply with the requirements of Sections C402.2 and C402.4 based on the climate zone specified in Chapter 3. For opaque portions of the building thermal envelope intended to comply on an insulation component R-value basis, the R-values for cavity insulation and continuous insulation shall be not less than that specified in Table C402.1.3. Where cavity insulation is installed in multiple layers, the cavity insulation R-values shall be summed to determine compliance with the cavity insulation R-value requirements. Where continuous insulation is installed in multiple layers, the continuous insulation R-values shall be summed to determine compliance with the continuous insulation R-value requirements. Cavity insulation R-values shall not be used to determine compliance with the continuous insulation R-value requirements in Table C402.1.3. Commercial buildings or portions of commercial buildings enclosing Group R occupancies shall use the R-values from the “Group R” column of Table C402.1.3. Commercial buildings or portions of commercial buildings enclosing occupancies other than Group R shall use the R-values from the “All other” column of Table C402.1.3. C402.1.4 Assembly U-factor, C-factor or F-factor- based method. Building thermal envelope opaque assemblies shall meet the requirements of Sections C402.2 and C402.4 based on the climate zone specified in Chapter 3. Building thermal envelope opaque assemblies intended to comply on an assembly U-, C- or F-factor basis shall have a U-, C- or F-factor not greater than that specified in Table C402.1.4. Commercial buildings or portions of commercial buildings enclosing Group R occupancies shall use the U-, C- or F-factor from the “Group R” column of Table C402.1.4. Commercial buildings or portions of commercial buildings enclosing occupancies other than Group R shall use the U-, C- or F-factor from the “All other” column of Table C402.1.4 C402.1.4.1 Roof/ceiling assembly. The maximum roof/ceiling assembly U-factor shall not exceed that specified in Table C402.1.4 based on construction materials used in the roof/ceiling assembly. C402.1.4.1.1 Tapered, above-deck insulation based on thickness. Where used as a component of a maximum roof/ceiling assembly U-factor calculation, the sloped roof insulation R-value contribution to that calculation shall use the average thickness in inches (mm) along with the material R-value-per- inch (per-mm) solely for U-factor compliance as prescribed in Section C402.1.4. C402.1.4.1.2 Suspended ceilings. Insulation installed on suspended ceilings having removable ceiling tiles shall not be considered part of the assembly U-factor of the roof/ceiling construction. C402.1.4.1.3 Joints staggered. Continuous insulation board shall be installed in not less than two layers, and the edge joints between each layer of insulation shall be staggered, except where insulation tapers to the roof deck at a gutter edge, roof drain or scupper. TABLE C402.1.3 OPAQUE THERMAL ENVELOPE INSULATION COMPONENT MINIMUM REQUIREMENTS, R-VALUE METHODa CLIMATE ZONE 7 All other Group R Roofs Insulation entirely above roof deck R-35ci R-40 R-35ci R-40 Metal buildingsb R-30 + R-11 LS R-30 + R-11 LS Attic and other R-60 R-60 Walls, above grade Massf R-15.2ci R-30ci R-15.2ci R-30ci Metal building R-13 + R-17ci R-19 + R-25ci or R-35ci R-13 + R-19.5ci R-19 + R-25ci or R-35ci Metal framed R-13 + R-12.5ci R-19 + R-25ci or R-35ci R-13 + R-15.6ci R-19 + R-25ci or R-35ci Wood framed and other R-13 + R-7.5ci or R-20 + R-3.8ci R-25+R-12ci or R-20 + R-15ci or R-13 + R-20ci R-13 + R-7.5ci or R-20 + R-3.8ci R-32+R-12ci or R-20 + R-20ci or R-13 + R-25ci Walls, below grade Below-grade walld R-15ci R-20ci R-15ci R-20ci Floors Masse R-20.9ci R-25ci R-20.9ci R-25ci Joist/framing R-38 R-38 Slab-on-grade floors Unheated slabs R-20 for 48″24” below R-20 for 48″ below Heated slabsg R-20 for 48″ below+ R-5 R-10 full slab R-20 for 48″ below+ R-5 R-10 full slab For SI: 1 inch = 25.4 mm, 1 pound per square foot = 4.88 kg/m2, 1 pound per cubic foot = 16 kg/m3. ci = Continuous Insulation, NR = No Requirement, LS = Liner System. a. Assembly descriptions can be found in ANSI/ASHRAE/IESNA 90.1 Appendix A. b. Where using R-value compliance method, a thermal spacer block shall be provided, otherwise use the U-factor compliance method in Table C402.1.4. c. R-5.7ci is allowed to be substituted with concrete block walls complying with ASTM C90, ungrouted or partially grouted at 32 inches or less on center vertically and 48 inches or less on center horizontally, with ungrouted cores filled with materials having a maximum thermal conductivity of 0.44 Btu-in/h-f2 °F. d. Where heated slabs are below grade, below-grade walls shall comply with the exterior insulation requirements for heated slabs. e. “Mass floors” shall be in accordance with Section C402.2.3. f. “Mass walls” shall be in accordance with Section C402.2.2. g. The first value is for perimeter insulation and the second value is for full, under-slab insulation. Perimeter insulation is not required to extend below the bottom of the slab. TABLE C402.1.4 OPAQUE THERMAL ENVELOPE ASSEMBLY MAXIMUM REQUIREMENTS, U-FACTOR METHODa, b CLIMATE ZONE 7 All other Group R Roofs Insulation entirely above roof deck U-0.028 U-0.025 U-0.028 U-0.025 Metal buildings U-0.029 U-0.026 U-0.029 U-0.026 Attic and other U-0.017 U-0.017 Walls, above grade Massg U-0.071 0.031 U-0.071 0.031 Metal building U-0.044 U 0.031 U-0.039 U 0.031 Metal framed U-0.049 U 0.031 U-0.042 U 0.031 Wood framed and otherc U-0.051 U 0.031 U-0.051 U 0.028 Walls, below grade Below-grade wallc C-0.063 C-0.047 C-0.063 C-0.047 Floors Massd U-0.042 U-0.036 U-0.042 U-0.036 Joist/framing U-0.027 U-0.027 Slab-on-grade floors Unheated slabs F-0.51 F-0.434 Heated slabsf F-0.602 F-0.602 Opaque doors Nonswinging door U-0.31 U-0.31 Swinging doorh U-0.37 U-0.37 Garage door < 14% glazingi U-0.31 U-0.31 For SI: 1 pound per square foot = 4.88 kg/m2, 1 pound per cubic foot = 16 kg/m3. ci = Continuous Insulation, NR = No Requirement, LS = Liner System. a. Where assembly U-factors, C-factors and F-factors are established in ANSI/ASHRAE/IESNA 90.1 Appendix A, such opaque assemblies shall be a compliance alternative where those values meet the criteria of this table, and provided that the construction, excluding the cladding system on walls, complies with the appropriate construction details from ANSI/ASHRAE/ISNEA 90.1 Appendix A. b. Where U-factors have been established by testing in accordance with ASTM C1363, such opaque assemblies shall be a compliance alternative where those values meet the criteria of this table. The R-value of continuous insulation shall be permitted to be added to or subtracted from the original tested design. c. Where heated slabs are below grade, below-grade walls shall comply with the U-factor requirements for above-grade mass walls. d. “Mass floors” shall be in accordance with Section C402.2.3. e. These C-, F- and U-factors are based on assemblies that are not required to contain insulation. f. “Mass walls” shall be in accordance with Section C402.2.2. g. Swinging door U-factors shall be determined in accordance with NFRC-10 h. Garage doors having a single row of fenestration shall have an assembly U-factor less than or equal to 0.44 in Climate Zones 0 through 6 and less than or equal to 0.36 in Climate Zones 7 and 8, provided that the fenestration area is not less than 14 percent and not more than 25 percent of the total door area. C402.1.4.2 Thermal resistance of cold-formed steel walls. U-factors of walls with cold-formed steel studs shall be permitted to be determined in accordance with Equation 4-1. U = 1/[Rs + (ER)] (Equation 4-1) where: Rs = The cumulative R-value of the wall components along the path of heat transfer, excluding the cavity insulation and steel studs. ER = The effective R-value of the cavity insulation with steel studs as specified in Table C402.1.4.2. TABLE C402.1.4.2 EFFECTIVE R-VALUES FOR STEEL STUD WALL ASSEMBLIES NOMINAL STUD DEPTH (inches) SPACING OF FRAMING (inches) CAVITY R-VALUE (insulation) CORRECTION FACTOR (Fc) EFFECTIVE R- VALUE (ER) (Cavity R-Value × Fc) 31/2 16 13 0.46 5.98 15 0.43 6.45 31/2 24 13 0.55 7.15 15 0.52 7.80 6 16 19 0.37 7.03 21 0.35 7.35 6 24 19 0.45 8.55 21 0.43 9.03 8 16 25 0.31 7.75 24 25 0.38 9.50 For SI: 1 inch = 25.4 mm. C402.1.5 Component performance alternative. Building envelope values and fenestration areas determined in accordance with Equation 4-2 shall be an alternative to compliance with the U-, F- and C-factors in Tables C402.1.4 and C402.4 and the maximum allowable fenestration areas in Section C402.4.1. Fenestration shall meet the applicable SHGC requirements of Section C402.4.3. The thermal bridging requirements of C402.6 shall be met. A + B + C + D + E ≤ Zero (Equation 4-2) where: A = Sum of the (UA Dif) values for each distinct assembly type of the building thermal envelope, other than slabs on grade and below-grade walls. UA Dif = UA Proposed – UA Table. UA Proposed = Proposed U-value × Area. UA Table = (U-factor from Table C402.1.3, C402.1.4 or C402.4) × Area. B = Sum of the (FL Dif) values for each distinct slab-on-grade perimeter condition of the building thermal envelope. FL Dif = FL Proposed – FL Table. FL Proposed = Proposed F-value × Perimeter length. FL Table = (F-factor specified in Table C402.1.4) × Perimeter length. C = Sum of the (CA Dif) values for each distinct below-grade wall assembly type of the building thermal envelope. CA Dif = CA Proposed – CA Table. CA Proposed = Proposed C-value × Area. CA Table = (Maximum allowable C-factor specified in Table C402.1.4) × Area. Where the proposed vertical glazing area is less than or equal to the maximum vertical glazing area allowed by Section C402.4.1, the value of D (Excess Vertical Glazing Value) shall be zero. Otherwise: D = (DA × UV) – (DA × U Wall), but not less than zero. DA = (Proposed Vertical Glazing Area) – (Vertical Glazing Area allowed by Section C402.4.1). UA Wall = Sum of the (UA Proposed) values for each opaque assembly of the exterior wall. U Wall = Area-weighted average U-value of all above-grade wall assemblies. UAV = Sum of the (UA Proposed) values for each vertical glazing assembly. UV = UAV/total vertical glazing area. Where the proposed skylight area is less than or equal to the skylight area allowed by Section C402.4.1, the value of E (Excess Skylight Value) shall be zero. Otherwise: E = (EA × US) – (EA × U Roof), but not less than zero. EA = (Proposed Skylight Area) – (Allowable Skylight Area as specified in Section C402.4.1). U Roof = Area-weighted average U-value of all roof assemblies. UAS = Sum of the (UA Proposed) values for each skylight assembly. US = UAS/total skylight area. C402.2 Specific building thermal envelope insulation requirements. Insulation in building thermal envelope opaque assemblies shall comply with Sections C402.2.1 through C402.2.7 and Table C402.1.3. C402.2.1 Roof assembly. The minimum thermal resistance (R-value) of the insulating material installed either between the roof framing or continuously on the roof assembly shall be as specified in Table C402.1.3, based on construction materials used in the roof assembly. C402.2.1.1 Tapered, above-deck insulation based on thickness. Where used as a component of a roof/ceiling assembly R-value calculation, the sloped roof insulation R-value contribution to that calculation shall use the average thickness in inches (mm) along with the material R-value-per-inch (per-mm) solely for R-value compliance as prescribed in Section 402.1.3. C402.2.1.2 Minimum thickness, lowest point. The minimum thickness of above-deck roof insulation at its lowest point, gutter edge, roof drain or scupper, shall be not less than 1 inch (25 mm). C402.2.1.3 Suspended ceilings. Insulation installed on suspended ceilings having removable ceiling tiles shall not be considered part of the minimum thermal resistance (R-value) of roof insulation in roof/ceiling construction. C402.2.1.4 Joints staggered. Continuous insulation board shall be installed in not less than two layers and the edge joints between each layer of insulation shall be staggered, except where insulation tapers to the roof deck at a gutter edge, roof drain or scupper. C402.2.1.5 Skylight curbs. Skylight curbs shall be insulated to the level of roofs with insulation entirely above the deck or R- 5, whichever is less. Exception: Unit skylight curbs included as a component of a skylight listed and labeled in accordance with NFRC 100 shall not be required to be insulated. C402.2.2 Above-grade walls. The minimum thermal resistance (R-value) of materials installed in the wall cavity between framing members and continuously on the walls shall be as specified in Table C402.1.3, based on framing type and construction materials used in the wall assembly. The R-value of integral insulation installed in concrete masonry units shall not be used in determining compliance with Table C402.1.3 except as otherwise noted in the table. In determining compliance with Table C402.1.4, the use of the U-factor of concrete masonry units with integral insulation shall be permitted. “Mass walls” where used as a component in the thermal envelope of a building shall comply with one of the following: 1. Weigh not less than 35 pounds per square foot (171 kg/m2) of wall surface area. 2. Weigh not less than 25 pounds per square foot (122 kg/m2) of wall surface area where the mate- rial weight is not more than 120 pcf (1900 kg/m3). 3. Have a heat capacity exceeding 7 Btu/ft2 × °F (144 kJ/m2 × K). 4. Have a heat capacity exceeding 5 Btu/ft2 × °F (103 kJ/m2 × K), where the material weight is not more than 120 pcf (1900 kg/m3). C402.2.3 Floors. The thermal properties (component R-values or assembly U-, C- or F-factors) of floor assemblies over outdoor air or unconditioned space shall be as specified in Table C402.1.3 or C402.1.4 based on the construction materials used in the floor assembly. Floor framing cavity insulation or structural slab insulation shall be installed to maintain permanent contact with the underside of the subfloor decking or structural slabs. “Mass floors” where used as a component of the thermal envelope of a building shall provide one of the following weights: 1. 35 pounds per square foot (171 kg/m2) of floor surface area. 2. 25 pounds per square foot (122 kg/m2) of floor surface area where the material weight is not more than 120 pounds per cubic foot (1923 kg/m3). Exceptions: 1. The floor framing cavity insulation or structural slab insulation shall be permitted to be in contact with the top side of sheathing or continuous insulation installed on the bottom side of floor assemblies where combined with insulation that meets or exceeds the minimum R-value in Table C402.1.3 for “Metal framed” or “Wood framed and other” values for “Walls, above grade” and extends from the bottom to the top of all perimeter floor framing or floor assembly members. 2. Insulation applied to the underside of concrete floor slabs shall be permitted an airspace of not more than 1 inch (25 mm) where it turns up and is in contact with the underside of the floor under walls associated with the building thermal envelope. C402.2.4 Slabs-on-grade. The minimum thermal resistance (R-value) of the insulation for unheated or heated slab-on-grade floors designed in accordance with the R-value method of Section C402.1.3 shall be as specified in Table C402.1.3. C402.2.4.1 Insulation installation. Where installed, the perimeter insulation shall be placed on the outside of the foundation or on the inside of the foundation wall. The perimeter insulation shall extend downward from the top of the slab for the minimum distance shown in the table or to the top of the footing, which- ever is less, or downward to not less than the bottom of the slab and then horizontally to the interior or exterior for the total distance shown in the table. Insulation extending away from the building shall be protected by pavement or by not less than 10 inches (254 mm) of soil. Where installed, full slab insulation shall be continuous under the entire area of the slab-on-grade floor, except at structural column locations and service penetrations. Insulation required at the heated slab perimeter shall not be required to extend below the bottom of the heated slab and shall be continuous with the full slab insulation. Exception: Where the slab-on-grade floor is greater than 24 inches (61 mm) below the finished exterior grade, perimeter insulation is not required. C402.2.5 Below-grade walls. The C-factor for the below-grade exterior walls shall be in accordance with Table C402.1.4. The R-value of the insulating material installed continuously within or on the below-grade exterior walls of the building envelope shall be in accordance with Table C402.1.3. The C-factor or R-value required shall extend to a depth of not less than 10 feet (3048 mm) below the outside finished ground level, or to the level of the lowest floor of the conditioned space enclosed by the below-grade wall, whichever is less. C402.2.6 Insulation of radiant heating systems. Radiant heating system panels, and their associated components that are installed in interior or exterior assemblies, shall be insulated to an R-value of not less than R-3.5 on all surfaces not facing the space being heated. Radiant heating system panels that are installed in the building thermal envelope shall be separated from the exterior of the building or unconditioned or exempt spaces by not less than the R-value of insulation installed in the opaque assembly in which they are installed or the assembly shall comply with Section C402.1.4. Exception: Heated slabs on grade insulated in accordance with Section C402.2.4. C402.2.7 Airspaces. Where the R-value of an airspace is used for compliance in accordance with Section C402.1, the airspace shall be enclosed in an unventilated cavity constructed to minimize airflow into and out of the enclosed airspace. Airflow shall be deemed minimized where the enclosed airspace is located on the interior side of the continuous air barrier and is bounded on all sides by building components. Exception: The thermal resistance of airspaces located on the exterior side of the continuous air barrier and adjacent to and behind the exterior wall-covering material shall be determined in accordance with ASTM C1363 modified with an airflow entering the bottom and exiting the top of the airspace at an air C402.3 Roof solar reflectance and thermal emittance. Shall be deleted C402.4 Fenestration. Fenestration shall comply with Sections C402.4.1 through C402.4.5 and Table C402.4. Daylight responsive controls shall comply with this section and Section C405.2.4. TABLE C402.4 BUILDING ENVELOPE FENESTRATION MAXIMUM U-FACTOR AND SHGC REQUIREMENTS CLIMATE ZONE 7 8 Vertical Fenestration U-factor All Other Group R Fixed fenestration 0.29 0.27 0.26 0.26 Operable fenestration 0.36 0.33 0.26 0.32 Entrance doors 0.63 0.35 0.50 0.28 0.63 SHGC Fixed Operable Fixed Operable PF < 0.2 0.40 0.36 0.35 0.40 0.36 0.2 ≤ PF < 0.5 0.48 0.43 0.48 0.43 PF ≥ 0.5 0.64 0.58 0.64 0.58 Skylights U-factor 0.44 0.41 SHGC NR NR NR = No Requirement, PF = Projection Factor. C402.4.1 Maximum area. The vertical fenestration area, not including opaque doors and opaque spandrel panels, shall be not greater than 30 percent of the gross above-grade wall area. The skylight area shall be not greater than 3 percent of the gross roof area. C402.4.1.1 Increased vertical fenestration area with daylight responsive controls. In Climate Zones 0 through 6, not more than 40 percent of the gross above-grade wall area shall be vertical fenestration, provided that all of the following requirements are met: 1. In buildings not greater than two stories above grade, not less than 50 percent of the net floor area is within a daylight zone. 2. In buildings three or more stories above grade, not less than 25 percent of the net floor area is within a daylight zone. 3. Daylight responsive controls are installed in daylight zones. 4. Visible transmittance (VT) of vertical fenestration is not less than 1.1 times solar heat gain coefficient (SHGC). Exception: Fenestration that is outside the scope of NFRC 200 is not required to comply with Item 4. C402.4.1.2 Increased skylight area with daylight responsive controls. The skylight area shall be not more than 6 percent of the roof area provided that daylight responsive controls are installed in toplit daylight zones. C402.4.2 Minimum skylight fenestration area. Skylights shall be provided in enclosed spaces greater than 2,500 square feet (232 m2) in floor area, directly under a roof with not less than 75 percent of the ceiling area with a ceiling height greater than 15 feet (4572 mm), and used as an office, lobby, atrium, concourse, corridor, storage space, gymnasium/exercise center, convention center, automotive service area, space where manufacturing occurs, nonrefrigerated warehouse, retail store, distribution/sorting area, transportation depot or work- shop. The total toplit daylight zone shall be not less than half the floor area and shall comply with one of the following: 1. A minimum skylight area to toplit daylight zone of not less than 3 percent where all skylights have a VT of not less than 0.40, or VTannual of not less than 0.26, as determined in accordance with Section C303.1.3. 2. A minimum skylight effective aperture, determined in accordance with Equation 4-4, of: 2.1. Not less than 1 percent using a skylight’s VT rating; or 2.2. Not less than 0.66 percent using a Tubular Daylight Device’s VTannual rating. Skylight Effective Aperture = 0.85 x Skylight Area x Skylight VT x WF Toplit Zone (Equation 4-4) where: Skylight area = Total fenestration area of skylights. Skylight VT = Area weighted average visible transmittance of skylights. WF = Area weighted average well factor, where well factor is 0.9 if light well depth is less than 2 feet (610 mm), or 0.7 if light well depth is 2 feet (610 mm) or greater, or 1.0 for Tubular Daylighting Devices with VTannual ratings. Light well depth = Measure vertically from the underside of the lowest point of the skylight glazing to the ceiling plane under the skylight. Exception: Skylights above daylight zones of enclosed spaces are not required in: 1. Buildings in Climate Zones 6 through 8. 2. Spaces where the designed general lighting power densities are less than 0.5 W/ft2 (5.4 W/m2). 3. Areas where it is documented that existing structures or natural objects block direct beam sunlight on not less than half of the roof over the enclosed area for more than 1,500 daytime hours per year between 8 a.m. and 4 p.m. 4. Spaces where the daylight zone under roof-top monitors is greater than 50 percent of the enclosed space floor area. 5. Spaces where the total area minus the area of sidelit daylight zones is less than 2,500 square feet (232 m2), and where the lighting is controlled in accordance with Section C405.2.3. 6. Spaces designed as storm shelters complying with ICC 500. C402.4.2.1 Lighting controls in toplit daylight zones. Daylight responsive controls shall be provided in toplit daylight zones. C402.4.2.2 Haze factor. Skylights in office, storage, automotive service, manufacturing, nonrefrigerated warehouse, retail store and distribution/sorting area spaces shall have a glazing material or diffuser with a haze factor greater than 90 percent when tested in accordance with ASTM D1003. Exception: Skylights and tubular daylighting devices designed and installed to exclude direct sunlight entering the occupied space by the use of fixed or automated baffles, the geometry of skylight and light well or the use of optical diffuser components. C402.4.3 Maximum U-factor and SHGC. The maximum U-factor and solar heat gain coefficient (SHGC) for fenestration shall be as specified in Table C402.4. The window projection factor shall be determined in accordance with Equation 4-5. PF = A/B (Equation 4-5) where: PF = Projection factor (decimal). A = Distance measured horizontally from the farthest continuous extremity of any overhang, eave or permanently attached shading device to the vertical surface of the glazing. B = Distance measured vertically from the bottom of the glazing to the underside of the overhang, eave or permanently attached shading device. Where different windows or glass doors have different PF values, they shall each be evaluated separately. C402.4.3.1 Increased skylight SHGC. In Climate Zones 0 through 6, skylights shall be permitted a maxi- mum SHGC of 0.60 where located above daylight zones provided with daylight responsive controls. C402.4.3.2 Increased skylight U-factor. Where skylights are installed above daylight zones provided with daylight responsive controls, a maximum U-factor of 0.9 shall be permitted in Climate Zones 0 through 3 and a maximum U-factor of 0.75 shall be permitted in Climate Zones 4 through 8. C402.4.3.3 Dynamic glazing. Where dynamic glazing is intended to satisfy the SHGC and VT requirements of Table C402.4, the ratio of the higher to lower labeled SHGC shall be greater than or equal to 2.4, and the dynamic glazing shall be automatically controlled to modulate the amount of solar gain into the space in multiple steps. Dynamic glazing shall be considered separately from other fenestration, and area-weighted averaging with other fenestration that is not dynamic glazing shall not be permitted. Exception: Dynamic glazing is not required to comply with this section where both the lower and higher labeled SHGC already comply with the requirements of Table C402.4. C402.4.3.4 Area-weighted U-factor. An area-weighted average shall be permitted to satisfy the U-factor requirements for each fenestration product category listed in Table C402.4. Individual fenestration products from different fenestration product categories listed in Table C402.4 shall not be combined in calculating area- weighted average U-factor. C402.4.4 Daylight zones. Daylight zones referenced in Sections C402.4.1.1 through C402.4.3.2 shall comply with Sections C405.2.4.2 and C405.2.4.3, as applicable. Daylight zones shall include toplit daylight zones and sidelit daylight zones. C402.4.5 Doors. Opaque swinging doors shall comply with Table C402.1.4. Opaque nonswinging doors shall comply with Table C402.1.4. Opaque doors shall be considered as part of the gross area of above-grade walls that are part of the building thermal envelope. Opaque doors shall comply with Section C402.4.5.1 or C402.4.5.2. Other doors shall comply with the provisions of Section C402.4.3 for vertical fenestration. C402.4.5.1 Opaque swinging doors. Opaque swinging doors shall comply with Table C402.1.4. C402.4.5.2 Nonswinging doors. Opaque nonswinging doors that are horizontally hinged sectional doors with a single row of fenestration shall have an assembly U-factor less than or equal to 0.440 in Climate Zones 0 through 6 and less than or equal to 0.360 in Climate Zones 7 and 8, provided that the fenestration area is not less than 14 percent and not more than 25 percent of the total door area. Exception: Other doors shall comply with the provisions of Section C402.4.3 for vertical fenestration. C402.5 Air leakage—thermal envelope. The building thermal envelope shall comply with Sections C402.5.1 through Section C402.5.11.1, or and the building thermal envelope shall be tested in accordance with Section C402.5.2 or C402.5.3. Where compliance is based on such testing, the building shall also comply with Sections C402.5.7, C402.5.8 and C402.5.9. C402.5.1 Air barriers. A continuous air barrier shall be provided throughout the building thermal envelope. The continuous air barriers shall be located on the inside or outside of the building thermal envelope, located within the assemblies composing the building thermal envelope, or any combination thereof. The air barrier shall comply with Sections C402.5.1.1, and C402.5.1.2. The air leakage performance of the air barrier shall be verified in accordance with Section C402.5.2. Exception: Air barriers are not required in buildings located in Climate Zone 2B. C402.5.1.1 Air barrier design and documentation requirements. Design of the continuous air barrier shall be documented in the following manner: 1. Components comprising the continuous air barrier and their position within each building thermal envelope assembly shall be identified. 2. Joints, interconnections, and penetrations of the continuous air barrier components shall be detailed. 3. The continuity of the air barrier building element assemblies that enclose conditioned space or provide a boundary between conditioned space and unconditioned space shall be identified. 4. Documentation of the continuous air barrier shall detail methods of sealing the air barrier such as wrapping, caulking, gasketing, taping or other approved methods at the following locations: 4.1. Joints around fenestration and door frames. 4.2. Joints between walls and floors, between walls at building corners, between walls and roofs including parapets and copings, where above-grade walls meet foundations, and similar intersections. 4.3. Penetrations or attachments through the continuous air barrier in building envelope roofs, walls, and floors. 4.4. Building assemblies used as ducts or plenums. 4.5. Changes in continuous air barrier materials and assemblies. 5. Identify where testing will or will not be performed in accordance with Section C402.5.2 Where testing will not be performed, a plan for field inspections required by C402.5.2.3 shall be provided that includes the following: 5.1. Schedule for periodic inspection, 5.2. Continuous air barrier scope of work, 5.3. List of critical inspection items, 5.4. Inspection documentation requirements, and 5.5. Provisions for corrective actions where needed. C402.5.1.1 Air barrier construction. The continuous air barrier shall be constructed to comply with the following: 1. The air barrier shall be continuous for all assemblies that are the thermal envelope of the building and across the joints and assemblies. 2. Air barrier joints and seams shall be sealed, including sealing transitions in places and changes in materials. The joints and seals shall be securely installed in or on the joint for its entire length so as not to dislodge, loosen or otherwise impair its ability to resist positive and negative pressure from wind, stack effect and mechanical ventilation. 3. Penetrations of the air barrier shall be caulked, gasketed or otherwise sealed in a manner compatible with the construction materials and location. Sealing shall allow for expansion, contraction and mechanical vibration. Joints and seams associated with penetrations shall be sealed in the same manner or taped. Sealing materials shall be securely installed around the penetration so as not to dislodge, loosen or otherwise impair the penetrations’ ability to resist positive and negative pressure from wind, stack effect and mechanical ventilation. Sealing of concealed fire sprinklers, where required, shall be in a manner that is recommended by the manufacturer. Caulking or other adhesive sealants shall not be used to fill voids between fire sprinkler cover plates and walls or ceilings. 4. Recessed lighting fixtures shall comply with Section C402.5.10. Where similar objects are installed that penetrate the air barrier, provisions shall be made to maintain the integrity of the air barrier. C402.5.1.2 Air barrier compliance. A continuous air barrier for the opaque building envelope shall comply with the following: 1. Buildings or portions of buildings, including Group R and I occupancies, shall meet the provisions of Section C402.5.2. Exception: Buildings in Climate Zones 2B, 3C and 5C. 2. Buildings or portions of buildings other than Group R and I occupancies shall meet the provisions of Section C402.5.3. Exceptions: 1. Buildings in Climate Zones 2B, 3B, 3C and 5C. 2. Buildings larger than 5,000 square feet (464.5 m2) floor area in Climate Zones 0B, 1, 2A, 4B and 4C. 3. Buildings between 5,000 square feet (464.5 m2) and 50,000 square feet (4645 m2) floor area in Climate Zones 0A, 3A and 5B. 3. Buildings or portions of buildings that do not complete air barrier testing shall meet the provisions of Section C402.5.1.3 or C402.5.1.4 in addition to Section C402.5.1.5. C402.5.1.3 Materials. Materials with an air permeability not greater than 0.004 cfm/ft2 (0.02 L/s × m2) under a pressure differential of 0.3 inch water gauge (75 Pa) when tested in accordance with ASTM E2178 shall comply with this section. Materials in Items 1 through 16 shall be deemed to comply with this section, provided that joints are sealed and materials are installed as air barriers in accordance with the manufacturer’s instructions. 1. Plywood with a thickness of not less than ¾ inch (10 mm). Oriented strand board having a thickness of not less than 3/8 inch (10 mm). 2. Extruded polystyrene insulation board having a thickness of not less than 1/2 inch (12.7 mm). 3. Foil-back polyisocyanurate insulation board having a thickness of not less than 1/2 inch (12.7 mm). 4. Closed-cell spray foam having a minimum density of 1.5 pcf (2.4 kg/m3) and having a thickness of not less than 11/2 inches (38 mm). 5. Open-cell spray foam with a density between 6. 0.4 and 1.5 pcf (0.6 and 2.4 kg/m3) and having a thickness of not less than 4.5 inches (113 mm). 7. Exterior or interior gypsum board having a thickness of not less than 1/2 inch (12.7 mm). 8. Cement board having a thickness of not less than 1/2 inch (12.7 mm). 9. Built-up roofing membrane. 10. Modified bituminous roof membrane. 11. Single-ply roof membrane. 12. A Portland cement/sand parge, or gypsum plaster having a thickness of not less than 5/8 inch (15.9 mm). 13. Cast-in-place and precast concrete. 14. Fully grouted concrete block masonry. 15. Sheet steel or aluminum. 16. Solid or hollow masonry constructed of clay or shale masonry units. C402.5.1.4 Assemblies. Assemblies of materials and components with an average air leakage not greater than 0.04 cfm/ft2 (0.2 L/s × m2) under a pressure differential of 0.3 inch of water gauge (w.g.)(75 Pa) when tested in accordance with ASTM E2357, ASTM E1677, ASTM D8052 or ASTM E283 shall comply with this section. Assemblies listed in Items 1 through 3 shall be deemed to comply, provided that joints are sealed and the requirements of Section C402.5.1.1 are met. 1. Concrete masonry walls coated with either one application of block filler or two applications of a paint or sealer coating. 2. Masonry walls constructed of clay or shale masonry units with a nominal width of 4 inches (102 mm) or more. 3. A Portland cement/sand parge, stucco or plaster not less than 1/2 inch (12.7 mm) in thickness. C402.5.1.5 Building envelope performance verification. The installation of the continuous air barrier shall be verified by the code official, a registered design professional or approved agency in accordance with the following: 1. A review of the construction documents and other supporting data shall be conducted to assess compliance with the requirements in Section C402.5.1. 2. Inspection of continuous air barrier components and assemblies shall be conducted during construction while the air barrier is still accessible for inspection and repair to verify compliance with the requirements of Sections C402.5.1.3 and C402.5.1.4. 3. A final commissioning report shall be provided for inspections completed by the registered design professional or approved agency. The commissioning report shall be provided to the building owner or owner’s authorized agent and the code official. The report shall identify deficiencies found during the review of the construction documents and inspection and details of corrective measures taken. C402.5.2 Dwelling and sleeping unit enclosure testing. The building thermal envelope shall be tested in accordance with ASTM E779, ANSI/RESNET/ICC 380, ASTM E1827 or an equivalent method approved by the code official. The measured air leakage shall not exceed 0.30 cfm/ft2 (1.5 L/s m2) of the testing unit enclosure area at a pressure differential of 0.2 inch water gauge (50 Pa). Where multiple dwelling units or sleeping units or other occupiable conditioned spaces are contained within one building thermal envelope, each unit shall be considered an individual testing unit, and the building air leakage shall be the weighted average of all testing unit results, weighted by each testing unit’s enclosure area. Units shall be tested separately with an unguarded blower door test as follows: 1. Where buildings have fewer than eight testing units, each testing unit shall be tested. 2. For buildings with eight or more testing units, the greater of seven units or 20 percent of the testing units in the building shall be tested, including a top floor unit, a ground floor unit and a unit with the largest testing unit enclosure area. For each tested unit that exceeds the maximum air leakage rate, an additional two units shall be tested, including a mixture of testing unit types and locations. C402.5.3 Building thermal envelope testing. The building thermal envelope shall be tested in accordance with ASTM E779, ANSI/RESNET/ICC 380, ASTM E3158 or ASTM E1827 or an equivalent method approved by the code official. The measured air leakage shall not exceed 0.40 0.25 cfm/ft2 (2.0 L/s × m2) of the building thermal envelope area at a pressure differential of 0.3 inch water gauge (75 Pa). Alternatively, portions of the building shall be tested and the measured air leakages shall be area weighted by the surface areas of the building envelope in each portion. The weighted average test results shall not exceed the whole building leakage limit. In the alternative approach, the following portions of the building shall be tested: 1. The entire envelope area of all stories that have any spaces directly under a roof. 2. The entire envelope area of all stories that have a building entrance, exposed floor, or loading dock, or are below grade. 3. Representative above-grade sections of the building totaling at least 25 percent of the wall area enclosing the remaining conditioned space. Exception: Where the measured air leakage rate exceeds 0.40 cfm/ft2 (2.0 L/s × m2) but does not exceed 0.60 cfm/ft2 (3.0 L/s × m2), a diagnostic evaluation using smoke tracer or infrared imaging shall be conducted while the building is pressurized along with a visual inspection of the air barrier. Any leaks noted shall be sealed where such sealing can be made without destruction of existing building components. An additional report identifying the corrective actions taken to seal leaks shall be submitted to the code official and the building owner, and shall be deemed to comply with the requirements of this section. C402.5.4 Air leakage of fenestration. The air leakage of fenestration assemblies shall meet the provisions of Table C402.5.4. Testing shall be in accordance with the applicable reference test standard in Table C402.5.4 by an accredited, independent testing laboratory and labeled by the manufacturer. Exceptions: 1. Field-fabricated fenestration assemblies that are sealed in accordance with Section C402.5.1. 2. Fenestration in buildings that comply with the testing alternative of Section C402.5 are not required to meet the air leakage requirements in Table C402.5.4. TABLE C402.5.4 MAXIMUM AIR LEAKAGE RATE FOR FENESTRATION ASSEMBLIES FENESTRATION ASSEMBLY MAXIMUM RATE (CFM/FT2) TEST PROCEDURE Windows 0.20a AAMA/WDMA/CSA101/I.S.2/A440 or NFRC 400 Sliding doors 0.20a Swinging doors 0.20a Skylights—with condensation weepage openings 0.30 Skylights—all other 0.20a Curtain walls 0.06 NFRC 400 or ASTM E283 at 1.57 psf (75 Pa) Storefront glazing 0.06 Commercial glazed swinging entrance doors 1.00 Power-operated sliding doors and power operated folding doors 1.00 Revolving doors 1.00 Garage doors 0.40 ANSI/DASMA 105, NFRC 400, or ASTM E283 at 1.57 psf (75 Pa) Rolling doors 1.00 High-speed doors 1.30 For SI: 1 cubic foot per minute = 0.47 L/s, 1 square foot = 0.093 m2. a. The maximum rate for windows, sliding and swinging doors, and skylights is permitted to be 0.3 cfm per square foot of fenestration or door area when tested in accordance with AAMA/WDMA/CSA101/I.S.2/A440 at 6.24 psf (300 Pa). C402.5.5 Rooms containing fuel-burning appliances. In Climate Zones 3 through 8, where combustion air is supplied through openings in an exterior wall to a room or space containing a space-conditioning fuel-burning appliance, one of the following shall apply: 1. The room or space containing the appliance shall be located outside of the building thermal envelope. 2. The room or space containing the appliance shall be enclosed and isolated from conditioned spaces inside the building thermal envelope. Such rooms shall comply with all of the following: 2.1. The walls, floors and ceilings that separate the enclosed room or space from conditioned spaces shall be insulated to be not less than equivalent to the insulation requirement of below-grade walls as specified in Table C402.1.3 or Table C402.1.4. 2.2. The walls, floors and ceilings that separate the enclosed room or space from conditioned spaces shall be sealed in accordance with Section C402.5.1.1. 2.3. The doors into the enclosed room or space shall be fully gasketed. 2.4. Water lines and ducts in the enclosed room or space shall be insulated in accordance with Section C403. 2.5. Where an air duct supplying combustion air to the enclosed room or space passes through conditioned space, the duct shall be insulated to an R-value of not less than R-8. C402.5.6 Doors and access openings to shafts, chutes, stairways and elevator lobbies. Doors and access openings from conditioned space to shafts, chutes stairways and elevator lobbies not within the scope of the fenestration assemblies covered by Section C402.5.4 shall be gasketed, weather-stripped or sealed. Exceptions: 1. Door openings required to comply with Section 716 of the International Building Code. 2. Doors and door openings required to comply with UL 1784 by the International Building Code. C402.5.7 Air intakes, exhaust openings, stairways and shafts. Stairway enclosures, elevator shaft vents and other outdoor air intakes and exhaust openings integral to the building envelope shall be provided with dampers in accordance with Section C403.7.7. C402.5.8 Loading dock weather seals. Cargo door openings and loading door openings shall be equipped with weather seals that restrict infiltration and provide direct contact along the top and sides of vehicles that are parked in the doorway. C402.5.9 Vestibules. Building entrances shall be protected with an enclosed vestibule, with all doors opening into and out of the vestibule equipped with self-closing devices. Vestibules shall be designed so that in passing through the vestibule it is not necessary for the interior and exterior doors to open at the same time. The installation of one or more revolving doors in the building entrance shall not eliminate the requirement that a vestibule be provided on any doors adjacent to revolving doors. Exceptions: Vestibules are not required for the following: 1. Buildings in Climate Zones 0 through 2. 2. Doors not intended to be used by the public, such as doors to mechanical or electrical equipment rooms, or intended solely for employee use. 3. Doors opening directly from a sleeping unit or dwelling unit. 4. Doors that open directly from a space less than 3,000 1,500 square feet (298 m2) in area. 5. Revolving doors. 6. Doors used primarily to facilitate vehicular movement or material handling and adjacent personnel doors. 7. Doors that have an air curtain with a velocity of not less than 6.56 feet per second (2 m/s) at the floor that have been tested in accordance with ANSI/AMCA 220 and installed in accordance with the manufacturer’s instructions. Manual or Automatic controls shall be provided that will operate the air curtain with the opening and closing of the door when the outdoor air temperature is greater than 45°F and less than 80°F. Air curtains and their controls shall comply with Section C408.2.3. C402.5.10 Recessed lighting. Recessed luminaires installed in the building thermal envelope shall be all of the following: 1. IC-rated. 2. Labeled as having an air leakage rate of not more 2.0 cfm (0.944 L/s) when tested in accordance with ASTM E283 at a 1.57 psf (75 Pa) pressure differential. 3. Sealed with a gasket or caulk between the housing and interior wall or ceiling covering. C402.5.11 Operable openings interlocking. Where occupancies utilize operable openings to the outdoors that are larger than 40 square feet (3.7 m2) in area, such openings shall be interlocked with the heating and cooling system so as to raise the cooling setpoint to 90°F (32°C) and lower the heating setpoint to 55°F (13°C) whenever the operable opening is open. The change in heating and cooling setpoints shall occur within 10 minutes of opening the operable opening. Exceptions: 1. Separately zoned areas associated with the preparation of food that contain appliances that contribute to the HVAC loads of a restaurant or similar type of occupancy. 2. Warehouses that utilize overhead doors for the function of the occupancy, where approved by the code official. 3. The first entrance doors where located in the exterior wall and are part of a vestibule system. C402.5.11.1 Operable controls. Controls shall comply with Section C403.14. C402.6 Thermal bridges in above-grade walls. Thermal bridges in above-grade walls shall comply with this section or an approved design. Exceptions: 1. Any thermal bridge with a material thermal conductivity not greater than 3.0 Btu/h-ft-°F. 2. Blocking, coping, flashing, and other similar materials for attachment of roof coverings. 3. Thermal bridges accounted for in the U-factor or C-factor for a building thermal envelope. C402.6.1 Balconies and floor decks. Balconies and concrete floor decks shall not penetrate the building thermal envelope. Such assemblies shall be separately supported or shall be supported by approved structural attachments or elements that minimize thermal bridging through the building thermal envelope. Exceptions: Balconies and concrete floor decks shall be permitted to penetrate the building thermal envelope where: 1. An area-weighted U-factor is used for above-grade wall compliance which includes a U-factor of 0.8 Btu/h-°F-ft2 for the area of the above-grade wall penetrated by the concrete floor deck, or 2. An approved thermal break device of not less than R-10 is installed in accordance with the manufacturer's instructions. C402.6.2 Cladding supports. Linear elements supporting opaque cladding shall be off-set from the structure with attachments that allow the continuous insulation, where present, to pass behind the cladding support element. Exceptions: 1. An approved design where the above-grade wall U-factor used for compliance accounts for the cladding support element thermal bridge. 2. Anchoring for curtain wall and window wall systems. C402.6.3 Structural beams and columns. Structural steel and concrete beams and columns that project through the building thermal envelope shall be covered with not less than R-5 insulation for not less than 2-feet (610 mm) beyond the interior or exterior surface of an insulation component within the building thermal envelope. Exceptions: 1. Where an approved thermal break device is installed in accordance with the manufacturer's instructions. 2. An approved design where the above-grade wall U-factor used to demonstrate compliance accounts for the beam or column thermal bridge. SECTION C403 BUILDING MECHANICAL SYSTEMS C403.1 General. Mechanical systems and equipment serving the building heating, cooling, ventilating or refrigerating needs shall comply with this section. Exception: Data center systems are exempt from the requirements of Sections C403.4 and C403.5. C403.1.1 Calculation of heating and cooling loads. Design loads associated with heating, ventilating and air conditioning of the building shall be determined in accordance with ANSI/ASHRAE/ACCA Standard 183 or by an approved equivalent computational procedure using the design parameters specified in Chapter 3. Heating and cooling loads shall be adjusted to account for load reductions that are achieved where energy recovery systems are utilized in the HVAC system in accordance with the ASHRAE HVAC Systems and Equipment Handbook by an approved equivalent computational procedure. C403.1.2 Data centers. Data center systems shall comply with Sections 6 and 8 of ASHRAE 90.4 with the following changes: 1. The design mechanical load component (MLC) value shall be 0.20 Replace design mechanical load component (MLC) values specified in Table 6.2.1.1 of the ASHRAE 90.4 with the values in Table C403.1.2(1) as applicable in each climate zone. 2. The annualized MLC value shall be 0.16 Replace annualized MLC values specified in Table 6.2.1.2 of the ASHRAE 90.4 with the values in Table C403.1.2(2) as applicable in each climate zone. TABLE C403.1.2(1) MAXIMUM DESIGN MECHANICAL LOAD COMPONENT (DESIGN MLC) CLIMATE ZONE DESIGN MLC AT 100% AND AT 50% ITE LOAD 0A 0.24 OB 0.26 1A 0.23 2A 0.24 3A 0.23 4A 0.23 5A 0.22 6A 0.22 1B 0.28 2B 0.27 3B 0.26 4B 0.23 5B 0.23 6B 0.21 3C 0.19 4C 0.21 5C 0.19 7 0.20 8 0.19 TABLE C403.1.2(2) MAXIMUM ANNUALIZED MECHANICAL LOAD COMPONENT (ANNUALIZED MLC) CLIMATE ZONE HVAC MAXIMUM ANNUALIZED MLC AT 100% AND AT 50% ITE LOAD 0A 0.19 0B 0.20 1A 0.18 2A 0.19 3A 0.18 4A 0.17 5A 0.17 6A 0.17 1B 0.16 2B 0.18 3B 0.18 4B 0.18 5B 0.16 6B 0.17 3C 0.16 4C 0.16 5C 0.16 7 0.16 8 0.16 C403.2 System design. Mechanical systems shall be designed to comply with Sections C403.2.1 through C403.2.3. Where elements of a building’s mechanical systems are addressed in Sections C403.3 through C403.14, such elements shall comply with the applicable provisions of those sections. C403.2.1 Zone isolation required. HVAC systems serving zones that are over 25,000 square feet (2323 m2) in floor area or that span more than one floor and are designed to operate or be occupied nonsimultaneously shall be divided into isolation areas. Each isolation area shall be equipped with isolation devices and controls configured to automatically shut off the supply of conditioned air and outdoor air to and exhaust air from the isolation area. Each isolation area shall be controlled independently by a device meeting the requirements of Section C403.4.2.2. Central systems and plants shall be provided with controls and devices that will allow system and equipment operation for any length of time while serving only the smallest isolation area served by the system or plant. Exceptions: 1. Exhaust air and outdoor air connections to isolation areas where the fan system to which they connect is not greater than 5,000 cfm (2360 L/s). 2. Exhaust airflow from a single isolation area of less than 10 percent of the design airflow of the exhaust system to which it connects. 3. Isolation areas intended to operate continuously or intended to be inoperative only when all other isolation areas in a zone are inoperative. C403.2.2 Ventilation. Ventilation, either natural or mechanical, shall be provided in accordance with Chapter 4 of the International Mechanical Code. Where mechanical ventilation is provided, the system shall provide the capability to reduce the outdoor air supply to the minimum required by Chapter 4 of the International Mechanical Code. C403.2.3 Fault detection and diagnostics. New buildings with an HVAC system serving a gross conditioned floor area of 100,000 square feet (9290 m2) or larger shall include a fault detection and diagnostics (FDD) system to monitor the HVAC system’s performance and automatically identify faults. The FDD system shall: 1. Include permanently installed sensors and devices to monitor the HVAC system’s performance. 2. Sample the HVAC system’s performance at least once every 15 minutes. 3. Automatically identify and report HVAC system faults. 4. Automatically notify authorized personnel of identified HVAC system faults. 5. Automatically provide prioritized recommendations for repair of identified faults based on analysis of data collected from the sampling of HVAC system performance. 6. Be capable of transmitting the prioritized fault repair recommendations to remotely located authorized personnel. Exception: R-1 and R-2 occupancies. C403.3 Heating and cooling equipment efficiencies. Heating and cooling equipment installed in mechanical systems shall be sized in accordance with Section C403.3.1 and shall be not less efficient in the use of energy than as specified in Section C403.3.2. C403.3.1 Equipment sizing. The output capacity of heating and cooling equipment shall be not greater than that of the smallest available equipment size that exceeds the loads calculated in accordance with Section C403.1.1. A single piece of equipment providing both heating and cooling shall satisfy this provision for one function with the capacity for the other function as small as possible, within available equipment options. Exceptions: 1. Required standby equipment and systems provided with controls and devices that allow such systems or equipment to operate automatically only when the primary equipment is not operating. 2. Multiple units of the same equipment type with combined capacities exceeding the design load and provided with controls that are configured to sequence the operation of each unit based on load. C403.3.2 HVAC equipment performance requirements. Equipment shall meet the minimum efficiency requirements of Tables C403.3.2(1) through C403.3.2(16) when tested and rated in accordance with the applicable test procedure. Plate-type liquid-to-liquid heat exchangers shall meet the minimum requirements of AHRI 400. The efficiency shall be verified through certification under an approved certification program or, where a certification program does not exist, the equipment efficiency ratings shall be supported by data furnished by the manufacturer. Where multiple rating conditions or performance requirements are provided, the equipment shall satisfy all stated requirements. Where components, such as indoor or outdoor coils, from different manufacturers are used, calculations and supporting data shall be furnished by the designer that demonstrates that the combined efficiency of the specified components meets the requirements herein. C403.3.2.1 Water-cooled centrifugal chilling packages. Equipment not designed for operation at AHRI Standard 550/590 test conditions of 44.00°F leaving and 54.00°F entering chilled-fluid temperatures, and with 85.00°F entering and 94.30°F leaving condenser fluid temperatures, shall have maximum full-load kW/ton (FL) and part-load rating requirements adjusted using the following equations: FLadj = FL/Kadj (Equation 4-6) PLVadj = IPLV.IP/Kadj (Equation 4-7) where: Kadj = A × B FL = Full-load kW/ton value from Table C403.3.2(3). FLadj = Maximum full-load kW/ton rating, adjusted for nonstandard conditions. IPLV.IP = IPLV.IP value from Table C403.3.2(3). PLVadj = Maximum NPLV rating, adjusted for nonstandard conditions. A = 0.00000014592 × (LIFT)4 – 0.0000346496 × (LIFT)3 + 0.00314196 × (LIFT)2 – 0.147199 × (LIFT) + 3.93073 B = 0.0015 × LvgEvap + 0.934 LIFT = LvgCond – LvgEvap LvgCond = Full-load condenser leaving fluid temperature (°F). LvgEvap = Full-load evaporator leaving temperature (°F). The FLadj and PLVadj values are applicable only for centrifugal chillers meeting all of the following full load design ranges: • 36.00°F ≤ LvgEvap ≤ 60.00°F • LvgCond ≤ 115.00°F • 20.00°F ≤ LIFT ≤ 80.00°F Manufacturers shall calculate the FLadj and PLVadj before determining whether to label the chiller. Centrifugal chillers designed to operate outside of these ranges are not covered by this code. C403.3.2.2 Positive displacement (air and water cooled) chilling packages. Equipment with a leaving fluid temperature higher than 32°F (0°C) and water-cooled positive displacement chilling packages with a condenser leaving fluid temperature below 115°F (46°C) shall meet the requirements of the tables in Section C403.3.2 when tested or certified with water at standard rating conditions, in accordance with the referenced test procedure. C403.3.3 Hot gas bypass limitation. Cooling systems shall not use hot gas bypass or other evaporator pressure control systems unless the system is designed with multiple steps of unloading or continuous capacity modulation. The capacity of the hot gas bypass shall be limited as indicated in Table C403.3.3, as limited by Section C403.5.1. TABLE C403.3.2(1) ELECTRICALLY OPERATED UNITARY AIR CONDITIONERS AND CONDENSING UNITS—MINIMUM EFFICIENCY REQUIREMENTSc, d EQUIPMENT TYPE SIZE CATEGORY HEADING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Air conditioners, air cooled < 65,000 Btu/hb All Split system, three phase and applications outside US single phaseb 13.0 SEER before 1/1/2023 13.4 SEER2 after 1/1/2023 AHRI 210/240— 2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Single-package, three phase and applications outside US single phaseb 14.0 SEER before 1/1/2023 13.4 SEER2 after 1/1/2023 Space constrained, air cooled ≤ 30,000 Btu/hb All Split system, three phase and applications outside US single phaseb 12.0 SEER before 1/1/2023 11.7 SEER2 after 1/1/2023 AHRI 210/240—2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Single package, three phase and applications outside US single phaseb 12.0 SEER before 1/1/2023 11.7 SEER2 after 1/1/2023 Small duct, high velocity, air cooled < 65,000 Btu/hb All Split system, three phase and applications outside US single phaseb 12.0 SEER before 1/1/2023 12.1 SEER2 after 1/1/2023 AHRI 210/240—2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Air conditioners, air cooled ≥ 65,000 Btu/h and < 135,000 Btu/h Electric resistance (or none) Split system and single package 11.2 EER 12.9 IEER before 1/1/2023 14.8 IEER after 1/1/2023 AHRI 340/360 All other 11.0 EER 12.7 IEER before 1/1/2023 14.6 IEER after 1/1/2023 ≥ 135,000 Btu/h and < 240,000 Btu/h Electric resistance (or none) 11.0 EER 12.4 IEER before 1/1/2023 14.2 IEER after 1/1/2023 All other 10.8 EER 12.2 IEER before 1/1/2023 14.0 IEER after 1/1/2023 (continued) TABLE C403.3.2(1)—continued ELECTRICALLY OPERATED UNITARY AIR CONDITIONERS AND CONDENSING UNITS—MINIMUM EFFICIENCY REQUIREMENTSc, d EQUIPMENT TYPE SIZE CATEGORY HEADING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Air conditioners, air cooled (continued) ≥ 240,000 Btu/h and < 760,000 Btu/h Electric resistance (or none) Split system and single package 10.0 EER 11.6 IEER before 1/1/2023 13.2 IEER after 1/1/2023 AHRI 340/360 All other 9.8 EER 11.4 IEER before 1/1/2023 13.0 IEER after 1/1/2023 ≥ 760,000 Electric resistance (or none) 9.7 EER 11.2IEER before 1/1/2023 12.5 IEER after 1/1/2023 Btu/h All other 9.5 EER 11.0 IEER before 1/1/2023 12.3 IEER after 1/1/2023 Air conditioners, water cooled < 65,000 Btu/h All Split system and single package 12.1 EER 12.3 IEER AHRI 210/240 ≥ 65,000 Btu/h and < 135,000 Btu/h Electric resistance (or none) 12.1 EER 13.9 IEER AHRI 340/360 All other 11.9 EER 13.7 IEER ≥ 135,000 Btu/h and < 240,000 Btu/h Electric resistance (or none) 12.5 EER 13.9 IEER All other 12.3 EER 13.7 IEER ≥ 240,000 Btu/h and < 760,000 Btu/h Electric resistance (or none) 12.4 EER 13.6 IEER All other 12.2 EER 13.4 IEER ≥ 760,000 Btu/h Electric resistance (or none) 12.2 EER 13.5 IEER All other 12.0 EER 13.3 IEER (continued) TABLE C403.3.2(1)—continued ELECTRICALLY OPERATED UNITARY AIR CONDITIONERS AND CONDENSING UNITS—MINIMUM EFFICIENCY REQUIREMENTSc, d EQUIPMENT TYPE SIZE CATEGORY HEADING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Air conditioners, evaporatively cooled < 65,000 Btu/hb All Split system and single package 12.1 EER 12.3 IEER AHRI 210/240 ≥ 65,000 Btu/h and < 135,000 Btu/h Electric resistance (or none) 12.1 EER 12.3 IEER AHRI 340/360 All other 11.9 EER 12.1 IEER ≥ 135,000 Btu/h and < 240,000 Btu/h Electric resistance (or none) 12.0 EER 12.2 IEER All other 11.8 EER 12.0 IEER ≥ 240,000 Btu/h and < 760,000 Btu/h Electric resistance (or none) 11.9 EER 12.1 IEER All other 11.7 EER 11.9 IEER ≥ 760,000 Btu/h Electric resistance (or none) 11.7 EER 11.9 IEER All other 11.5 EER 11.7 IEER Condensing units, air cooled ≥ 135,000 Btu/h — — 10.5 EER 11.8 IEER AHRI 365 Condensing units, water cooled ≥ 135,000 Btu/h — — 13.5 EER 14.0 IEER AHRI 365 Condensing units, evaporatively cooled ≥ 135,000 Btu/h — — 13.5 EER 14.0 IEER AHRI 365 For SI: 1 British thermal unit per hour = 0.2931 W. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. Single-phase, US air-cooled air conditioners less than 65,000 Btu/h are regulated as consumer products by the US Department of Energy Code of Federal Regulations DOE 10 CFR 430. SEER and SEER2 values for single-phase products are set by the US Department of Energy. c. DOE 10 CFR 430 Subpart B Appendix M1 includes the test procedure updates effective 1/1/2023 that will be incorporated in AHRI 210/240—2023. d. This table is a replica of ASHRAE 90.1 Table 6.8.1-1 Electrically Operated Unitary Air Conditioners and Condensing Units—Minimum Efficiency Requirements. TABLE C403.3.2(2) ELECTRICALLY OPERATED AIR-COOLED UNITARY HEAT PUMPS—MINIMUM EFFICIENCY REQUIREMENTSc, d EQUIPMENT TYPE SIZE CATEGORY HEADING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Air cooled (cooling mode) < 66,000 Btu/h All Split system, three phase and applications outside US single phaseb 14.0 SEER before 1/1/2023 14.3 SEER2 after 1/1/2023 AHRI 210/240— 2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Single package, three phase and applications outside US single phaseb 14.0 SEER before 1/1/2023 13.4 SEER2 after 1/1/2023 Space constrained, air cooled (cooling mode) ≤ 30,000 Btu/h All Split system, three phase and applications outside US single phaseb 12.0 SEER before 1/1/2023 11.7 SEER2 after 1/1/2023 AHRI 210/240— 2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Single package, three phase and applications outside US single phaseb 12.0 SEER before 1/1/2023 11.7 SEER2 after 1/1/2023 Single duct, high velocity, air cooled (cooling mode) < 65,000 All Split system, three phase and applications outside US single phaseb 12.0 SEER before 1/1/2023 12.0 SEER2 after 1/1/2023 AHRI 210/240— 2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Air cooled (cooling mode) ≥ 65,000 Btu/h and < 135,000 Btu/h Electric resistance (or none) Split system and single package 11.0 EER 12.2 IEER before 1/1/2023 14.1 IEER after 1/1/2023 AHRI 340/360 All other 10.8 EER 12.0 IEER before 1/1/2023 13.9 IEER after 1/1/2023 ≥ 135,000 Btu/h and < 240,000 Btu/h Electric resistance (or none) 10.6 EER 11.6 IEER before 1/1/2023 13.5 IEER after 1/1/2023 All other 10.4 EER 11.4 IEER before 1/1/2023 13.3 IEER after 1/1/2023 ≥ 240,000 Btu/h Electric resistance (or none) 9.5 EER 10.6 IEER before 1/1/2023 12.5 IEER after 1/1/2023 All other 9.3 EER 10.4 IEER before 1/1/2023 12.3 IEER after 1/1/2023 Air cooled (heating mode) < 65,000 Btu/h All Split system, three phase and applications outside US single phaseb 8.2 HSPF before 1/1/2023 7.5 HSPF2 after 1/1/2023 AHRI 210/240— 2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Single package, three phase and applications outside US single phaseb 8.0 HSPF before 1/1/2023 6.7 HSPF2 after 1/1/2023 (continued) TABLE C403.3.2(2)—continued ELECTRICALLY OPERATED AIR-COOLED UNITARY HEAT PUMPS—MINIMUM EFFICIENCY REQUIREMENTSc, d EQUIPMENT TYPE SIZE CATEGORY HEADING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Space constrained, air cooled (heating mode) ≤ 30,000 Btu/h All Split system, three phase and applications outside US single phaseb 7.4 HSPF before 1/1/2023 6.3 HSPF2 after 1/1/2023 AHRI 210/240— 2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Single package, three phase and applications outside US single phaseb 7.4 HSPF before 1/1/2023 6.3 HSPF2 after 1/1/2023 Small duct, high velocity, air cooled (heating mode) < 65,000 Btu/h All Split system, three phase and applications outside US single phaseb 7.2 HSPF before 1/1/2023 6.1 HSPF2 after 1/1/2023 AHRI 210/240— 2017 before 1/1/2023 AHRI 210/240— 2023 after 1/1/2023 Air cooled (heating mode) ≥ 65,000 Btu/h and < 135,000 Btu/h (cooling capacity) All 47°F db/43°F wb outdoor air 3.30 COPH before 1/1/2023 3.40 COPH after 1/1/2023 AHRI 340/360 17°F db/15°F wb outdoor air 2.25 COPH ≥ 135,000 Btu/h and < 240,000 Btu/h (cooling capacity) 47°F db/43°F wb outdoor air 3.20 COPH before 1/1/2023 3.30 SOPH after 1/1/2023 17°F db/15°F wb outdoor air 2.05 COPH ≥ 240,000 Btu/h (cooling capacity) 47°F db/43°F wb outdoor air 3.20 COPH 17°F db/15°F wb outdoor air 2.05 COPH For SI: 1 British thermal unit per hour = 0.2931 W, °C = [(°F) – 32]/1.8, wb = wet bulb, db = dry bulb. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. Single-phase US air-cooled heat pumps less than 65,000 Btu/h are regulated as consumer products by the US Department of Energy Code of Federal Regulations DOE 10 CFR 430. SEER, SEER2 and HSPF values for single-phase products are set by the US Department of Energy c. DOE 10 CFR 430 Subpart B Appendix M1 includes the test procedure updates effective 1/1/2023 that will be incorporated in AHRI 210/240—2023. d. This table is a replica of ASHRAE 90.1 Table 6.8.1-2 Electrically Operated Air-Cooled Unitary Heat Pumps—Minimum Efficiency Requirements. TABLE C403.3.2(3) WATER-CHILLING PACKAGES—MINIMUM EFFICIENCY REQUIREMENTSa, b, e, f EQUIPMENT TYPE SIZE CATEGORY UNITS PATH A PATH B TEST PROCEDUREc Air cooled chillers < 150 tons EER (Btu/Wh) ≥ 10.100 FL ≥ 9.700 FL AHRI 550/590 ≥ 13.700 IPLV.IP ≥ 15.800 IPLV.IP ≥ 150 tons ≥ 10.100 FL ≥ 9.700FL ≥ 14.000 ≥ 16.100 IPLV.IP IPLV.IP Air cooled without condenser, electrically operated All capacities EER (Btu/Wh) Air-cooled chillers without condenser must be rated with matching condensers and comply with air-cooled chiller efficiency requirements AHRI 550/590 Water cooled, electrically operated positive displacement < 75 tons kW/ton ≤ 0.750 FL ≤ 0.780 FL AHRI 550/590 ≤ 0.600 IPLV.IP ≤ 0.500 IPLV.IP ≥ 75 tons and < 150 tons ≤ 0.720 FL ≤ 0.750 FL ≤ 0.560 IPLV.IP ≤ 0.490 IPLV.IP ≥ 150 tons and < 300 tons ≤ 0.660 FL ≤ 0.680 FL ≤ 0.540 IPLV.IP ≤ 0.440 IPLV.IP ≥ 300 tons and < 600 tons ≤ 0.610 FL ≤ 0.625 FL ≤ 0.520 IPLV.IP ≤ 0.410 IPLV.IP ≥ 600 tons ≤ 0.560 FL ≤ 0.585 FL ≤ 0.500 IPLV.IP ≤ 0.380 IPLV.IP Water cooled, electrically operated centrifugal < 150 tons kW/ton ≤ 0.610 FL ≤ 0.695 FL AHRI 550/590 ≤ 0.550 IPLV.IP ≤ 0.440 IPLV.IP ≤ 0.610 FL ≤ 0.635 FL ≤ 0.550 IPLV.IP ≤ 0.400 IPLV.IP ≥ 300 tons and < 400 tons ≤ 0.560 FL ≤ 0.595 FL ≤ 0.520 IPLV.IP ≤ 0.390 IPLV.IP ≥ 400 tons and < 600 tons ≤ 0.560 FL ≤ 0.585 FL ≤ 0.500 IPLV.IP ≤ 0.380 IPLV.IP ≥ 600 tons ≤ 0.560 FL ≤ 0.585 FL ≤ 0.500 IPLV.IP ≤ 0.380 IPLV.IP Air cooled absorption, single effect All capacities COP (W/W) ≥ 0.600 FL NAd AHRI 560 Water cooled absorption, single effect All capacities COP (W/W) ≥ 0.700 FL NAd AHRI 560 Absorption double effect, indirect fired All capacities COP (W/W) ≥ 1.000 FL NAd AHRI 560 ≥ 0.150 IPLV.IP Absorption double effect, direct fired All capacities COP (W/W) ≥ 1.000 FL NAd AHRI 560 ≥ 1.000 IPLV a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. The requirements for centrifugal chillers shall be adjusted for nonstandard rating conditions per Section C403.3.2.1 and are applicable only for the range of conditions listed there. The requirements for air-cooled, water-cooled positive displacement and absorption chillers are at standard rating conditions defined in the reference test procedure. c. Both the full-load and IPLV.IP requirements must be met or exceeded to comply with this standard. When there is a Path B, compliance can be with either Path A or Path B for any application. d. NA means the requirements are not applicable for Path B, and only Path A can be used for compliance. e. FL is the full-load performance requirements, and IPLV.IP is for the part-load performance requirements. f. This table is a replica of ASHRAE 90.1 Table 6.8.1-3 Water-Chilling Packages—Minimum Efficiency Requirements. TABLE C403.3.2(4) ELECTRICALLY OPERATED PACKAGED TERMINAL AIR CONDITIONERS, PACKAGED TERMINAL HEAT PUMPS, SINGLE-PACKAGE VERTICAL AIR CONDITIONERS, SINGLE-PACKAGE VERTICAL HEAT PUMPS, ROOM AIR CONDITIONERS AND ROOM AIR-CONDITIONER HEAT PUMPS—MINIMUM EFFICIENCY REQUIREMENTSe EQUIPMENT TYPE SIZE CATEGORY (INPUT) SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCYd TEST PROCEDUREa PTAC (cooling mode) standard size < 7,000 Btu/h 95°F db/75°F wb outdoor airc 11.9 EER AHRI 310/380 ≥ 7,000 Btu/h and ≤ 15,000 Btu/h 14.0 – (0.300 × Cap/1,000) EERd > 15,000 Btu/h 9.5 EER PTAC (cooling mode) nonstandard sizea < 7,000 Btu/h 95°F db/75°F wb outdoor airc 9.4 EER AHRI 310/380 ≥ 7,000 Btu/h and ≤ 15,000 Btu/h 10.9 – (0.213 × Cap/1,000) EERd > 15,000 Btu/h 7.7 EER PTHP (cooling mode) standard size < 7,000 Btu/h 95°F db/75°F wb outdoor airc 11.9 EER AHRI 310/380 ≥ 7,000 Btu/h and ≤ 15,000 Btu/h 14.0 – (0.300 × Cap/1,000) EERd > 15,000 Btu/h 9.5 EER PTHP (cooling mode) nonstandard sizeb < 7,000 Btu/h 95°F db/75°F wb outdoor airc 9.3 EER AHRI 310/380 ≥ 7,000 Btu/h and ≤ 15,000 Btu/h 10.8 – (0.213 × Cap/1,000) EERd > 15,000 Btu/h 7.6 EER PTHP (heating mode) standard size < 7,000 Btu/h 47°F db/43°F wb outdoor air 3.3 COPH AHRI 310/380 ≥ 7,000 Btu/h and ≤ 15,000 Btu/h 3.7 – (0.052 × Cap/1,000) COPHd > 15,000 Btu/h 2.90 COPH PTHP (heating mode) nonstandard sizeb < 7,000 Btu/h 47°F db/43°F wb outdoor air 2.7 COPH AHRI 310/380 ≥ 7,000 Btu/h and ≤ 15,000 Btu/h 2.9 – (0.026 × Cap/1000) COPH d > 15,000 Btu/h 2.5 COPH SPVAC (cooling mode) single and three phase < 65,000 Btu/h 95°F db/75°F wb outdoor airc 11.0 EER AHRI 390 ≥ 65,000 Btu/h and ≤ 135,000 Btu/h 10.0 EER ≥ 135,000 Btu/h and ≤ 240,000 Btu/h 10.0 EER SPVHP (cooling mode) < 65,000 Btu/h 95°F db/75°F wb outdoor airc 11.0 EER AHRI 390 ≥ 65,000 Btu/h and ≤ 135,000 Btu/h 10.0 EER ≥ 135,000 Btu/h and ≤ 240,000 Btu/h 10.1 EER SPVHP (heating mode) < 65,000 Btu/h 47°F db/43°F wb outdoor air 3.3 COPH AHRI 390 ≥ 65,000 Btu/h and ≤ 135,000 Btu/h 3.0 COPH ≥ 135,000 Btu/h and ≤ 240,000 Btu/h 3.0 COPH (continued) TABLE C403.3.2(4)—continued ELECTRICALLY OPERATED PACKAGED TERMINAL AIR CONDITIONERS, PACKAGED TERMINAL HEAT PUMPS, SINGLE-PACKAGE VERTICAL AIR CONDITIONERS, SINGLE-PACKAGE VERTICAL HEAT PUMPS, ROOM AIR CONDITIONERS AND ROOM AIR-CONDITIONER HEAT PUMPS—MINIMUM EFFICIENCY REQUIREMENTSe EQUIPMENT TYPE SIZE CATEGORY (INPUT) SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCYd TEST PROCEDUREa Room air conditioners without reverse cycle with louvered sides for applications outside US < 6,000 Btu/h — 11.0 CEER ANSI/AHAM RAC-1 ≥ 6,000 Btu/h and < 8,000 Btu/h — 11.0 CEER ≥ 8,000 Btu/h and < 14,000 Btu/h — 10.9 CEER ≥ 14,000 Btu/h and < 20,000 Btu/h — 10.7 CEER ≥ 20,000 Btu/h and < 28,000 Btu/h — 9.4 CEER ≥ 28,000 Btu/h — 9.0 CEER Room air conditioners without louvered sides < 6,000 Btu/h — 10.0 CEER ANSI/AHAM RAC-1 ≥ 6,000 Btu/h and < 8,000 Btu/h — 10.0 CEER ≥ 8,000 Btu/h and < 11,000 Btu/h — 9.6 CEER ≥ 11,000 Btu/h and < 14,000 Btu/h — 9.5 CEER ≥ 14,000 Btu/h and < 20,000 Btu/h — 9.3 CEER ≥ 20,000 Btu/h — 9.4 CEER Room air conditioners with reverse cycle, with louvered sides for applications outside US < 20,000 Btu/h — 9.8 CEER ANSI/AHAM RAC-1 ≥ 20,000 Btu/h — 9.3 CEER Room air conditioners with reverse cycle without louvered sides for applications outside US < 14,000 Btu/h — 9.3 CEER ANSI/AHAM RAC-1 ≥ 14,000 Btu/h — 8.7 CEER Room air conditioners, casement only for applications outside US All — 9.5 CEER ANSI/AHAM RAC-1 Room air conditioners, casement slider for applications outside US All — 10.4 CEER ANSI/AHAM RAC-1 For SI: 1 British thermal unit per hour = 0.2931 W, °C = [(°F) – 32]/1.8, wb = wet bulb, db = dry bulb. “Cap” = The rated cooling capacity of the project in Btu/h. Where the unit’s capacity is less than 7,000 Btu/h, use 7,000 Btu/h in the calculation. Where the unit’s capacity is greater than 15,000 Btu/h, use 15,000 Btu/h in the calculations. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. Nonstandard size units must be factory labeled as follows: “MANUFACTURED FOR NONSTANDARD SIZE APPLICATIONS ONLY; NOT TO BE INSTALLED IN NEW STANDARD PROJECTS.” Nonstandard size efficiencies apply only to units being installed in existing sleeves having an external wall opening of less than 16 inches (406 mm) high or less than 42 inches (1067 mm) wide and having a cross-sectional area less than 670 square inches (0.43 m2). c. The cooling-mode wet bulb temperature requirement only applies for units that reject condensate to the condenser coil. d. “Cap” in EER and COPH equations for PTACs and PTHPs means cooling capacity in Btu/h at 95°F outdoor dry-bulb temperature. e. This table is a replica of ASHRAE 90.1 Table 6.8.1-4 Electrically Operated Packaged Terminal Air Conditioners, Packaged Terminal Heat Pumps, SinglePackage Vertical Air Conditioners, Single-Package Vertical Heat Pumps, Room Air Conditioners, and Room Air-Conditioner Heat Pumps— Minimum Efficiency Requirements. TABLE C403.3.2(5) WARM-AIR FURNACES AND COMBINATION WARM-AIR FURNACES/AIR-CONDITIONING UNITS, WARM-AIR DUCT FURNACES AND UNIT HEATERS—MINIMUM EFFICIENCY REQUIREMENTSg EQUIPMENT TYPE SIZE CATEGORY (INPUT) SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Warm-air furnace, gas fired for application outside the US < 225,000 Btu/h Maximum capacityc 80% AFUE (nonweatherized) or 81% AFUE (weatherized) or 80% E b, d t DOE 10 CFR 430 Appendix N or Section 2.39, Thermal Efficiency, ANSI Z21.47 Warm-air furnace, gas fired < 225,000 Btu/h Maximum capacityc 80% E b, d t before 1/1/2023 81% E d t after 1/1/2023 Section 2.39, Thermal Efficiency, ANSI Z21.47 Warm-air furnace, oil fired for application outside the US < 225,000 Btu/h Maximum capacityc 83% AFUE (nonweatherized) or 78% AFUE (weatherized) or 80% E b, d t DOE 10 CFR 430 Appendix N or Section 42, Combustion, UL 727 Warm-air furnace, oil fired < 225,000 Btu/h Maximum capacityc 80% Et before 1/1/2023 82% E d t after 1/1/2023 Section 42, Combustion, UL 727 Electric furnaces for applications outside the US < 225,000 Btu/h All 96% AFUE DOE 10 CFR 430 Appendix N Warm-air duct furnaces, gas fired All capacities Maximum capacityc 80% Ece Section 2.10, Efficiency, ANSI Z83.8 Warm-air unit heaters, gas fired All capacities Maximum capacityc 80% Ece, f Section 2.10, Efficiency, ANSI Z83.8 Warm-air unit heaters, oil fired All capacities Maximum capacityc 80% Ece, f Section 40, Combustion, UL 731 For SI: 1 British thermal unit per hour = 0.2931 W. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. Combination units (i.e., furnaces contained within the same cabinet as an air conditioner) not covered by DOE 10 CFR 430 (i.e., three-phase power or with cooling capacity greater than or equal to 65,000 Btu/h) may comply with either rating. All other units greater than 225,000 Btu/h sold in the US must meet the AFUE standards for consumer products and test using USDOE’s AFUE test procedure at DOE 10 CFR 430, Subpart B, Appendix N. c. Compliance of multiple firing rate units shall be at the maximum firing rate. d. Et = thermal efficiency. Units must also include an interrupted or intermittent ignition device (IID), have jacket losses not exceeding 0.75 percent of the input rating, and have either power venting or a flue damper. A vent damper is an acceptable alternative to a flue damper for those furnaces where combustion air is drawn from the conditioned space. e. Ec = combustion efficiency (100 percent less flue losses). See test procedure for detailed discussion. f. Units must also include an interrupted or intermittent ignition device (IID) and have either power venting or an automatic flue damper. g. This table is a replica of ASHRAE 90.1 Table 6.8.1-5 Warm-Air Furnaces and Combination Warm-Air Furnaces/Air-Conditioning Units, Warm-Air Duct Furnaces, and Unit Heaters—Minimum Efficiency Requirements. TABLE C403.3.2(6) GASAND OIL-FIRED BOILERS—MINIMUM EFFICIENCY REQUIREMENTSi EQUIPMENT TYPEb SUBCATEGORY OR RATING CONDITION SIZE CATEGORY (INPUT) MINIMUM EFFICIENCY EFFICIENCY AS OF 3/2/2022 TEST PROCEDUREa Boilers, hot water Gas fired < 300,000 Btu/hg, h for applications outside US 82% AFUE 82% AFUE DOE 10 CFR 430 Appendix N ≥ 300,000 Btu/h and ≤ 2,500,000 Btu/he 80% E d t 80% E d t DOE 10 CFR 431.86 > 2,500,000 Btu/hb 82% Ec c 82% Ec c Oil firedf < 300,000 Btu/hg,h for applications outside US 84% AFUE 84% AFUE DOE 10 CFR 430 Appendix N ≥ 300,000 Btu/h and ≤ 2,500,000 Btu/he 82% E d t 82% E d t DOE 10 CFR 431.86 > 2,500,000 Btu/hb 84% Ecc 84% Ecc Boilers, steam Gas fired < 300,000 Btu/hg for applications outside US 80% AFUE 80% AFUE DOE 10 CFR 430 Appendix N Gas fired—all, except natural draft ≥ 300,000 Btu/h and ≤ 2,500,000 Btu/he 79% E d t 79% E d t DOE 10 CFR 431.86 > 2,500,000 Btu/hb 79% E d t 79% E d t Gas fired— natural draft ≥ 300,000 Btu/h and ≤ 2,500,000 Btu/he 77% E d t 79% E d t > 2,500,000 Btu/hb 77% E d t 79% E d t Oil firedf < 300,000 Btu/hg for applications outside US 82% AFUE 82% AFUE DOE 10 CFR 430 Appendix N ≥ 300,000 Btu/h and ≤ 2,500,000 Btu/he 81% E d t 81% E d t DOE 10 CFR 431.86 > 2,500,000 Btu/hb d 81% Et d 81% Et For SI: 1 British thermal unit per hour = 0.2931 W. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. These requirements apply to boilers with rated input of 8,000,000 Btu/h or less that are not packaged boilers and to all packaged boilers. Minimum efficiency requirements for boilers cover all capacities of packaged boilers. c. Ec = Combustion efficiency (100 percent less flue losses). d. Et = Thermal efficiency. e. Maximum capacity—minimum and maximum ratings as provided for and allowed by the unit’s controls. f. Includes oil-fired (residual). g. Boilers shall not be equipped with a constant burning pilot light. h. A boiler not equipped with a tankless domestic water-heating coil shall be equipped with an automatic means for adjusting the temperature of the water such that an incremental change in inferred heat load produces a corresponding incremental change in the temperature of the water supplied. i. This table is a replica of ASHRAE 90.1 Table 6.8.1-6 Gas and Oil-Fired Boilers—Minimum Efficiency Requirements. TABLE C403.3.2(7) PERFORMANCE REQUIREMENTS FOR HEAT REJECTION EQUIPMENT—MINIMUM EFFICIENCY REQUIREMENTSi EQUIPMENT TYPE TOTAL SYSTEM HEATREJECTION CAPACITY AT RATED CONDITIONS SUBCATEGORY OR RATING CONDITIONh PERFORMANCE REQUIREDb, c, d, f, g TEST PROCEDUREa, e Propeller or axial fan open-circuit cooling towers All 95°F entering water 85°F leaving water 75°F entering wb ≥ 40.2 gpm/hp CTI ATC-105 and CTI STD-201 RS Centrifugal fan opencircuit cooling towers All 95°F entering water 85°F leaving water 75°F entering wb ≥ 20.0 gpm/hp CTI ATC-105 and CTI STD-201 RS Propeller or axial fan closed-circuit cooling towers All 102°F entering water 90°F leaving water 75°F entering wb ≥ 16.1 gpm/hp CTI ATC-105S and CTI STD-201 RS Centrifugal fan closedcircuit cooling towers All 102°F entering water 90°F leaving water 75°F entering wb ≥ 7.0 gpm/hp CTI ATC-105S and CTI STD-201 RS Propeller or axial fan dry coolers (air-cooled fluid coolers) All 115°F entering water 105°F leaving water 95°F entering wb ≥ 4.5 gpm/hp CTI ATC-105DS Propeller or axial fan evaporative condensers All R-448A test fluid 165°F entering gas temperature 105°F condensing temperature 75°F entering wb ≥ 160,000 Btu/h × hp CTI ATC-106 Propeller or axial fan evaporative condensers All Ammonia test fluid 140°F entering gas temperature 96.3°F condensing temperature 75°F entering wb ≥ 134,000 Btu/h × hp CTI ATC-106 Centrifugal fan evaporative condensers All R-448A test fluid 165°F entering gas temperature 105°F condensing temperature 75°F entering wb ≥ 137,000 Btu/h × hp CTI ATC-106 Centrifugal fan evaporative condensers All Ammonia test fluid 140°F entering gas temperature 96.3°F condensing temperature 75°F entering wb ≥ 110,000 Btu/h × hp CTI ATC-106 Air-cooled condensers All 125°F condensing temperature 190°F entering gas temperature 15°F subcooling 95°F entering db ≥ 176,000 Btu/h × hp AHRI 460 For SI: °C = [(°F) – 32]/1.8, L/s × kW = (gpm/hp)/(11.83), COP = (Btu/h × hp)/(2550.7), db = dry bulb temperature, wb = wet bulb temperature. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. For purposes of this table, open-circuit cooling tower performance is defined as the water-flow rating of the tower at the thermal rating condition listed in the table divided by the fan motor nameplate power. c. For purposes of this table, closed-circuit cooling tower performance is defined as the process water-flow rating of the tower at the thermal rating condition listed in the table divided by the sum of the fan motor nameplate power and the integral spray pump motor nameplate power. d. For purposes of this table, dry-cooler performance is defined as the process water-flow rating of the unit at the thermal rating condition listed in the table divided by the total fan motor nameplate power of the unit, and air-cooled condenser performance is defined as the heat rejected from the refrigerant divided by the total fan motor nameplate power of the unit. e. The efficiencies and test procedures for both open- and closed-circuit cooling towers are not applicable to hybrid cooling towers that contain a combination of separate wet and dry heat exchange sections. The certification requirements do not apply to field-erected cooling towers. f. All cooling towers shall comply with the minimum efficiency listed in the table for that specific type of tower with the capacity effect of any project specific accessories and/or options included in the capacity of the cooling tower. g. For purposes of this table, evaporative condenser performance is defined as the heat rejected at the specified rating condition in the table, divided by the sum of the fan motor nameplate power and the integral spray pump nameplate power. h. Requirements for evaporative condensers are listed with ammonia (R-717) and R-448A as test fluids in the table. Evaporative condensers intended for use with halocarbon refrigerants other than R-448A must meet the minimum efficiency requirements listed with R-448A as the test fluid. For ammonia, the condensing temperature is defined as the saturation temperature corresponding to the refrigerant pressure at the condenser entrance. For R-448A, which is a zeotropic refrigerant, the condensing temperature is defined as the arithmetic average of the dew point and the bubble point temperatures corresponding to the refrigerant pressure at the condenser entrance. i. This table is a replica of ASHRAE 90.1 Table 6.8.1-7 Performance Requirements for Heat Rejection Equipment—Minimum Efficiency Requirements. TABLE C403.3.2(8) ELECTRICALLY OPERATED VARIABLE-REFRIGERANT-FLOW AIR CONDITIONERS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE SIZE CATEGORY HEATING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa VRF air conditioners, air cooled < 65,000 Btu/h All VRF multisplit system 13.0 SEER AHRI 1230 ≥ 65,000 Btu/h and < 135,000 Btu/h Electric resistance (or none) VRF multisplit system 11.2 EER 13.1 IEER 15.5 IEER ≥ 135,000 Btu/h and < 240,000 Btu/h Electric resistance (or none) VRF multisplit system 11.0 EER 12.9 IEER 14.9 IEER ≥ 240,000 Btu/h Electric resistance (or none) VRF multisplit system 10.0 EER 11.6 IEER 13.9 IEER For SI: 1 British thermal unit per hour = 0.2931 W. a. Chapter 6 contains a complete specification of the referenced standard, which include test procedures, including the reference year version of the test procedure. b. This table is a replica of ASHRAE 90.1 Table 6.8.1-8 Electrically Operated Variable-Refrigerant-Flow Air Conditioners—Minimum Efficiency Requirements. TABLE C403.3.2(9) ELECTRICALLY OPERATED VARIABLE-REFRIGERANT-FLOW AND APPLIED HEAT PUMPS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE SIZE CATEGORY HEATING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa VRF air cooled (cooling mode) < 65,000 Btu/h All VRF multisplit system 13.0 SEER AHRI 1230 ≥ 65,000 Btu/h and < 135,000 Btu/h Electric resistance (or none) 11.0 EER 12.9 IEER 14.6 IEER VRF multisplit system with heat recovery 10.8 EER 12.7 IEER 14.4 IEER ≥ 135,000 Btu/h and < 240,000 Btu/h VRF multisplit system 10.6 EER 12.3 IEER 13.9 IEER VRF multisplit system with heat recovery 10.4 EER 12.1 IEER 13.7 IEER ≥ 240,000 Btu/h VRF multisplit system 9.5 EER 11.0 IEER 12.7 IEER VRF multisplit system with heat recovery 9.3 EER 10.8 IEER 12.5 IEER VRF water source (cooling mode) < 65,000 Btu/h All VRF multisplit systems 86°F entering water 12.0 EER 16.0 IEER AHRI 1230 VRF multisplit systems with heat recovery 86°F entering water 11.8 EER 15.8 IEER ≥ 65,000 Btu/h and < 135,000 Btu/h VRF multisplit system 86°F entering water 12.0 EER 16.0 IEER VRF multisplit system with heat recovery 86°F entering water 11.8 EER 15.8 IEER ≥ 135,000 Btu/h and < 240,000 Btu/h VRF multisplit system 86°F entering water 10.0 EER 14.0 IEER VRF multisplit system with heat recovery 86°F entering water 9.8 EER 13.8 IEER ≥ 240,000 Btu/h VRF multisplit system 86°F entering water 10.0 EER 12.0 IEER VRF multisplit system with heat recovery 86°F entering water 9.8 EER 11.8 IEER VRF groundwater source (cooling mode) < 135,000 Btu/h All VRF multisplit system 59°F entering water 16.2 EER AHRI 1230 VRF multisplit system with heat recovery 59°F entering water 16.0 EER ≥ 135,000 Btu/h VRF multisplit system 59°F entering water 13.8 EER VRF multisplit system with heat recovery 59°F entering water 13.6 EER (continued) TABLE C403.3.2(9)—continued ELECTRICALLY OPERATED VARIABLE-REFRIGERANT-FLOW AND APPLIED HEAT PUMPS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE SIZE CATEGORY HEATING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa VRF ground source (cooling mode) < 135,000 Btu/h All VRF multisplit system 77°F entering water 13.4 EER AHRI 1230 VRF multisplit system with heat recovery 77°F entering water 13.2 EER ≥ 135,000 Btu/h VRF multisplit system 77°F entering water 11.0 EER VRF multisplit system with heat recovery 77°F entering water 10.8 EER VRF air cooled (heating mode) < 65,000 Btu/h (cooling capacity) VRF multisplit system 7.7 HSPF AHRI 1230 ≥ 65,000 Btu/h and < 135,000 Btu/h (cooling capacity) VRF multisplit system 47°F db/43°F wb outdoor air 3.3 COPH 17°F db/15°F wb outdoor air 2.25 COPH ≥ 135,000 Btu/h (cooling capacity) VRF multisplit system 47°F db/43°F wb outdoor air 3.2 COPH 17°F db/15°F wb outdoor air 2.05 COPH < 65,000 Btu/h (cooling capacity) VRF multisplit system 68°F entering water 4.2 COPH 4.3 COPH VRF water source (heating mode) ≥ 65,000 Btu/h and < 135,000 Btu/h (cooling capacity) VRF multisplit system 68°F entering water 4.2 COPH 4.3 COPH AHRI 1230 ≥ 135,000 Btu/h and < 240,000 Btu/h (cooling capacity) VRF multisplit system 68°F entering water 3.9 COPH 4.0 COPH ≥ 240,000 Btu/h (cooling capacity) VRF multisplit system 68°F entering water 3.9 COPH VRF groundwater source (heating mode) < 135,000 Btu/h (cooling capacity) VRF multisplit system 50°F entering water 3.6 COPH AHRI 1230 ≥ 135,000 Btu/h (cooling capacity) VRF multisplit system 50°F entering water 3.3 COPH VRF ground source (heating mode) < 135,000 Btu/h (cooling capacity) VRF multisplit system 32°F entering water 3.1 COPH AHRI 1230 ≥ 135,000 Btu/h (cooling capacity) VRF multisplit system 32°F entering water 2.8 COPH For SI: °C = [(°F) – 32]/1.8, 1 British thermal unit per hour = 0.2931 W, db = dry bulb temperature, wb = wet bulb temperature. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. This table is a replica of ASHRAE 90.1 Table 6.8.1-9 Electrically Operated Variable-Refrigerant-Flow and Applied Heat Pumps—Minimum Efficiency Requirements. TABLE C403.3.2(10) FLOOR-MOUNTED AIR CONDITIONERS AND CONDENSING UNITS SERVING COMPUTER ROOMS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE STANDARD MODEL NET SENSIBLE COOLING CAPACITY MINIMUM NET SENSIBLE COP RATING CONDITIONS RETURN AIR (dry bulb/dew point) TEST PROCEDUREa Air cooled Downflow < 80,000 Btu/h 2.70 85°F/52°F (Class 2) AHRI 1360 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.58 ≥ 295,000 Btu/h 2.36 Upflow—ducted < 80,000 Btu/h 2.67 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.55 ≥ 295,000 Btu/h 2.33 Upflow— nonducted < 65,000 Btu/h 2.16 75°F/52°F (Class 1) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.04 ≥ 240,000 Btu/h 1.89 Horizontal < 65,000 Btu/h 2.65 95°F/52°F (Class ≥ 65,000 Btu/h and 2.55 < 240,000 Btu/h 3) ≥ 240,000 Btu/h 2.47 Air cooled with fluid economizer Downflow < 80,000 Btu/h 2.70 85°F/52°F (Class 1) AHRI 1360 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.58 ≥ 295,000 Btu/h 2.36 Upflow—ducted < 80,000 Btu/h 2.67 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.55 ≥ 295,000 Btu/h 2.33 Upflow— nonducted < 65,000 Btu/h 2.09 75°F/52°F (Class 1) ≥ 65,000 Btu/h and < 240,000 Btu/h 1.99 ≥ 240,000 Btu/h 1.81 Horizontal < 65,000 Btu/h 2.65 95°F/52°F (Class 3) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.55 ≥ 240,000 Btu/h 2.47 Water cooled Downflow < 80,000 Btu/h 2.82 85°F/52°F (Class 1) AHRI 1360 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.73 ≥ 295,000 Btu/h 2.67 Upflow—ducted < 80,000 Btu/h 2.79 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.70 ≥ 295,000 Btu/h 2.64 Upflow— nonducted < 65,000 Btu/h 2.43 75°F/52°F (Class 1) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.32 ≥ 240,000 Btu/h 2.20 Horizontal < 65,000 Btu/h 2.79 95°F/52°F (Class 3) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.68 ≥ 240,000 Btu/h 2.60 (continued) TABLE C403.3.2(10)—continued FLOOR-MOUNTED AIR CONDITIONERS AND CONDENSING UNITS SERVING COMPUTER ROOMS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE STANDARD MODEL NET SENSIBLE COOLING CAPACITY MINIMUM NET SENSIBLE COP RATING CONDITIONS RETURN AIR (dry bulb/dew point) TEST PROCEDUREa Downflow < 80,000 Btu/h 2.77 85°F/52°F (Class ≥ 80,000 Btu/h and < 295,000 Btu/h 2.68 ≥ 295,000 Btu/h 2.61 < 80,000 Btu/h 2.74 Water cooled with fluid economizer Upflow—ducted ≥ 80,000 Btu/h and < 295,000 Btu/h 2.65 1) AHRI 1360 ≥ 295,000 Btu/h 2.58 Upflow— nonducted < 65,000 Btu/h 2.35 75°F/52°F (Class 1) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.24 ≥ 240,000 Btu/h 2.12 Horizontal < 65,000 Btu/h 2.71 95°F/52°F (Class 3) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.60 ≥ 240,000 Btu/h 2.54 Glycol cooled Downflow < 80,000 Btu/h 2.56 85°F/52°F (Class 1) AHRI 1360 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.24 ≥ 295,000 Btu/h 2.21 Upflow—ducted < 80,000 Btu/h 2.53 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.21 ≥ 295,000 Btu/h 2.18 Upflow, nonducte d < 65,000 Btu/h 2.08 75°F/52°F (Class 1) ≥ 65,000 Btu/h and < 240,000 Btu/h 1.90 ≥ 240,000 Btu/h 1.81 Horizontal < 65,000 Btu/h 2.48 95°F/52°F (Class 3) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.18 ≥ 240,000 Btu/h 2.18 Glycol cooled with fluid economizer Downflow < 80,000 Btu/h 2.51 85°F/52°F (Class 1) AHRI 1360 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.19 ≥ 295,000 Btu/h 2.15 Upflow—ducted < 80,000 Btu/h 2.48 ≥ 80,000 Btu/h and < 295,000 Btu/h 2.16 ≥ 295,000 Btu/h 2.12 Upflow— nonducted < 65,000 Btu/h 2.00 75°F/52°F (Class 1) ≥ 65,000 Btu/h and < 240,000 Btu/h 1.82 ≥ 240,000 Btu/h 1.73 Horizontal < 65,000 Btu/h 2.44 95°F/52°F (Class 3) ≥ 65,000 Btu/h and < 240,000 Btu/h 2.10 ≥ 240,000 Btu/h 2.10 For SI: 1 British thermal unit per hour = 0.2931 W, °C = [(°F) – 32]/1.8, COP = (Btu/h × hp)/(2,550.7). a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. This table is a replica of ASHRAE 90.1 Table 6.8.1-10 Floor-Mounted Air Conditioners and Condensing Units Serving Computer Rooms—Minimum Efficiency Requirements. TABLE C403.3.2(11) VAPOR-COMPRESSION-BASED INDOOR POOL DEHUMIDIFIERS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Single package indoor (with or without economizer) Rating Conditions: A or C 3.5 MRE AHRI 910 Single package indoor water cooled (with or without economizer) Rating Conditions: A, B or C 3.5 MRE Single package indoor air cooled (with or without economizer) Rating Conditions: A, B or C 3.5 MRE Split system indoor air cooled (with or without economizer) Rating Conditions: A, B or C 3.5 MRE a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. This table is a replica of ASHRAE 90.1 Table 6.8.1-12 Vapor-Compression-Based Indoor Pool Dehumidifiers—Minimum Efficiency Requirements. TABLE C403.3.2(12) ELECTRICALLY OPERATED DX-DOAS UNITS, SINGLE-PACKAGE AND REMOTE CONDENSER, WITHOUT ENERGY RECOVERY—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Air cooled (dehumidification mode) — 4.0 ISMRE AHRI 920 Air-source heat pumps (dehumidification mode) — 4.0 ISMRE AHRI 920 Water cooled (dehumidification mode) Cooling tower condenser water 4.9 ISMRE AHRI 920 Chilled water 6.0 ISMRE Air-source heat pump (heating mode) — 2.7 ISCOP AHRI 920 Water-source heat pump (dehumidification mode) Ground source, closed loop 4.8 ISMRE AHRI 920 Ground-water source 5.0 ISMRE Water source 4.0 ISMRE Water-source heat pump (heating mode) Ground source, closed loop 2.0 ISCOP AHRI 920 Ground-water source 3.2 ISCOP Water source 3.5 ISCOP a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. This table is a replica of ASHRAE 90.1 Table 6.8.1-13 Electrically Operated DX-DOAS Units, Single-Package and Remote Condenser, without Energy Recovery—Minimum Efficiency Requirements. TABLE C403.3.2(13) ELECTRICALLY OPERATED DX-DOAS UNITS, SINGLE-PACKAGE AND REMOTE CONDENSER, WITH ENERGY RECOVERY—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Air cooled (dehumidification mode) — 5.2 ISMRE AHRI 920 Air-source heat pumps (dehumidification mode) — 5.2 ISMRE AHRI 920 Water cooled (dehumidification mode) Cooling tower condenser water 5.3 ISMRE AHRI 920 Chilled water 6.6 ISMRE Air-source heat pump (heating mode) — 3.3 ISCOP AHRI 920 Water-source heat pump (dehumidification mode) Ground source, closed loop 5.2 ISMRE AHRI 920 Ground-water source 5.8 ISMRE Water source 4.8 ISMRE Water-source heat pump (heating mode) Ground source, closed loop 3.8 ISCOP AHRI 920 Ground-water source 4.0 ISCOP Water source 4.8 ISCOP a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. This table is a replica of ASHRAE 90.1 Table 6.8.1-14 Electrically Operated DX-DOAS Units, Single-Package and Remote Condenser, with Energy Recovery— Minimum Efficiency Requirements. TABLE C403.3.2(14) ELECTRICALLY OPERATED WATER-SOURCE HEAT PUMPS—MINIMUM EFFICIENCY REQUIREMENTSc EQUIPMENT TYPE SIZE CATEGORYb HEATING SECTION TYPE SUBCATEGORY OR RATING CONDITION MINIMUM EFFICIENCY TEST PROCEDUREa Water-to-air, water loop (cooling mode) < 17,000 Btu/h All 86°F entering water 12.2 EER ISO 13256-1 ≥ 17,000 Btu/h and < 65,000 Btu/h 13.0 EER ≥ 65,000 Btu/h and < 135,000 Btu/h 13.0 EER Water-to-air, ground water (cooling mode) < 135,000 Btu/h All 59°F entering water 18.0 EER ISO 13256-1 Brine-to-air, ground loop (cooling mode) < 135,000 Btu/h All 77°F entering water 14.1 EER ISO 13256-1 Water-to-water, water loop (cooling mode) < 135,000 Btu/h All 86°F entering water 10.6 EER ISO 13256-2 Water-to-water, ground water (cooling mode) < 135,000 Btu/h All 59°F entering water 16.3 EER ISO 13256-2 Brine-to-water, ground loop (cooling mode) < 135,000 Btu/h All 77°F entering water 12.1 EER ISO 13256-2 Water-to-water, water loop (heating mode) < 135,000 Btu/h (cooling capacity) — 68°F entering water 4.3 COPH ISO 13256-1 Water-to-air, ground water (heating mode) < 135,000 Btu/h (cooling capacity) — 50°F entering water 3.7 COPH ISO 13256-1 Brine-to-air, ground loop (heating mode) < 135,000 Btu/h (cooling capacity) — 32°F entering water 3.2 COPH ISO 13256-1 Water-to-water, water loop (heating mode) < 135,000 Btu/h (cooling capacity) — 68°F entering water 3.7 COPH ISO 13256-1 Water-to-water, ground water (heating mode) < 135,000 Btu/h (cooling capacity) — 50°F entering water 3.1 COPH ISO 13256-2 Brine-to-water, ground loop (heating mode) < 135,000 Btu/h (cooling capacity) — 32°F entering water 2.5 COPH ISO 13256-2 For SI: 1 British thermal unit per hour = 0.2931 W, °C = [(°F) – 32]/1.8. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. Single-phase, US air-cooled heat pumps less than 19 kW are regulated as consumer products by DOE 10 CFR 430. SCOPC, SCOP2C, SCOPH and SCOP2H values for single-phase products are set by the USDOE. c. This table is a replica of ASHRAE 90.1 Table 6.8.1-15 Electrically Operated Water-Source Heat Pumps—Minimum Efficiency Requirements. TABLE C403.3.2(15) HEAT-PUMP AND HEAT RECOVERY CHILLER PACKAGES—MINIMUM EFFICIENCY REQUIREMENTSg HEATING OPERATION EQUIPMENT TYPE SIZE CATEGORY, tonR COOLING-ONLY OPERATION COOLING EFFICIENCYc AIR- SOURCE EER (FL/IPLV), Btu/W × h WATER-SOURCE POWER INPUT PER CAPACITY (FL/IPLV), kW/tonR HEATING SOURCE CONDITIONS (entering/ leaving water) OR OAT (db/wb), °F HEAT-PUMP HEATING FULL-LOAD EFFICIENCY (COPH)b, W/W HEAT RECOVERY CHILLER FULLLOAD EFFICIENCY (COPHR)c,d, W/W SIMULTANEOUS COOLING AND HEATING FULL-LOAD EFFICIENCY (COPSHC)c, W/W Leaving Heating Water Temperature Leaving Heating Water Temperature Low Medium High Boost Low Medium High Boost Path A Path B 105°F 120°F 140°F 140°F 105°F 120°F 140°F 140°F Air source All sizes ≥ 9.595 FL ≥ 13.02 IPLV.IP ≥ 9.215 FL ≥ 15.01 IPLV.IP 47 db 43 wbe ≥ 3.290 ≥ 2.770 ≥ 2.310 NA NA NA NA NA ≥ 9.595 FL ≥ 13.30 IPLV.IP ≥ 9.215 FL ≥ 15.30 IPLV.IP 17 db 15 wbe ≥ 2.230 ≥ 1.950 ≥ 1.630 NA NA NA NA NA Water-source electrically operated positive displacement < 75 ≤ 0.7885 FL ≤ 0.6316 IPLV.IP ≤ 0.7875 FL ≤ 0.5145 IPLV.IP 54/44f ≥ 4.640 ≥ 3.680 ≥ 2.680 NA ≥ 8.330 ≥ 6.410 ≥ 4.420 NA 75/65f NA NA NA ≥ 3.550 NA NA NA 6.150 ≥ 75 and < 150 ≤ 0.7579 FL ≤ 0.5895 IPLV.IP ≤ 0.7140 FL ≤ 0.4620 IPLV.IP 54/44f ≥ 4.640 ≥ 3.680 ≥ 2.680 NA ≥ 8.330 ≥ 6.410 ≥ 4.420 NA 75/65f NA NA NA ≥ 3.550 NA NA NA 6.150 ≥ 150 and < 300 ≤ 0.6947 FL ≤ 0.5684 IPLV.IP ≤ 0.7140 FL ≤ 0.4620 IPLV.IP 54/44f ≥ 4.640 ≥ 3.680 ≥ 2.680 NA ≥ 8.330 ≥ 6.410 ≥ 4.420 NA 75/65f NA NA NA ≥ 3.550 NA NA NA 6.150 ≥ 300 and < 600 ≤ 0.6421 FL ≤ 0.5474 IPLV.IP ≤ 0.6563 FL ≤ 0.4305 IPLV.IP 54/44f ≥ 4.930 ≥ 3.960 ≥ 2.970 NA ≥ 8.900 ≥ 6.980 ≥ 5.000 NA 75/65f NA NA NA ≥ 3.900 NA NA NA 6.850 ≥ 600 ≤ 0.5895 FL ≤ 0.5263 IPLV.IP ≤ 0.6143 FL ≤ 0.3990 IPLV.IP 54/44f ≥ 4.930 ≥ 3.960 ≥ 2.970 NA ≥ 8.900 ≥ 6.980 ≥ 5.000 NA 75/65f NA NA NA ≥ 3.900 NA NA NA 6.850 Water-source ctrically operated centrifugal < 75 ≤ 0.6421 FL ≤ 0.5789 IPLV.IP ≤ 0.7316 FL ≤ 0.4632 IPLV.IP 54/44f ≥ 4.640 ≥ 3.680 ≥ 2.680 NA ≥ 8.330 ≥ 6.410 ≥ 4.420 NA 75/65f NA NA NA ≥ 3.550 NA NA NA ≥ 6.150 ≥ 75 and < 150 ≤ 0.5895 FL ≤ 0.5474 IPLV.IP ≤ 0.6684 FL ≤ 0.4211 IPLV.IP 54/44f ≥ 4.640 ≥ 3.680 ≥ 2.680 NA ≥ 8.330 ≥ 6.410 ≥ 4.420 NA 75/65f NA NA NA ≥ 3.550 NA NA NA ≥ 6.150 ≥ 150 and < 300 ≤ 0.5895 FL ≤ 0.5263 IPLV.IP ≤ 0.6263 FL ≤ 0.4105 IPLV.IP 54/44f ≥ 4.640 ≥ 3.680 ≥ 2.680 NA ≥ 8.330 ≥ 6.410 ≥ 4.420 NA 75/65f NA NA NA ≥ 3.550 NA NA NA ≥ 6.150 ≥ 300 and < 600 ≤ 0.5895 FL ≤ 0.5263 IPLV.IP ≤ 0.6158 FL ≤ 0.4000 IPLV.IP 54/44f ≥ 4.930 ≥ 3.960 ≥ 2.970 NA ≥ 8.900 ≥ 6.980 ≥ 5.000 NA 75/65f NA NA NA ≥ 3.900 NA NA NA ≥ 6.850 ≥ 600 ≤ 0.5895 FL ≤ 0.5263 IPLV.IP ≤ 0.6158 FL ≤ 0.4000 IPLV.IP 54/44f ≥ 4.930 ≥ 3.960 ≥ 2.970 NA ≥ 8.900 ≥ 6.980 ≥ 5.000 NA 75/65f NA NA NA ≥ 3.900 NA NA NA ≥ 6.850 For SI: °C = [(°F) – 32]/1.8. a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. Cooling-only rating conditions are standard rating conditions defined in AHRI 550/590, Table 1. c. Heating full-load rating conditions are at rating conditions defined in AHRI 550/590, Table 1. d. For water-cooled heat recovery chillers that have capabilities for heat rejection to a heat recovery condenser and a tower condenser, the COPHR applies to operation at full load with 100 percent heat recovery (no tower rejection). Units that only have capabilities for partial heat recovery shall meet the requirements of Table C403.3.2(3). e. Outdoor air entering dry-bulb (db) temperature and wet-bulb (wb) temperature. f. Source-water entering and leaving water temperature. g. This table is a replica of ASHRAE 90.1 Table 6.8.1-16 Heat-Pump and Heat Recovery Chiller Packages—Minimum Efficiency Requirements. TABLE C403.3.2(16) CEILING-MOUNTED COMPUTER-ROOM AIR CONDITIONERS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE STANDARD MODEL NET SENSIBLE COOLING CAPACITY MINIMUM NET SENSIBLE COP RATING CONDITIONS RETURN AIR (dry bulb/dew point) TEST PROCEDUREa Air cooled with free air discharge condenser Ducted < 29,000 Btu/h 2.05 75°F/52°F (Class 1) AHRI 1360 ≥ 29,000 Btu/h and < 65,000 Btu/h 2.02 ≥ 65,000 Btu/h 1.92 Nonducted < 29,000 Btu/h 2.08 ≥ 29,000 Btu/h and < 65,000 Btu/h 2.05 ≥ 65,000 Btu/h 1.94 Air cooled with free air discharge condenser with fluid economizer Ducted < 29,000 Btu/h 2.01 75°F/52°F (Class 1) AHRI 1360 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.97 ≥ 65,000 Btu/h 1.87 Nonducted < 29,000 Btu/h 2.04 ≥ 29,000 Btu/h and < 65,000 Btu/h 2.00 ≥ 65,000 Btu/h 1.89 Air cooled with ducted condenser Ducted < 29,000 Btu/h 1.86 75°F/52°F (Class 1) AHRI 1360 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.83 ≥ 65,000 Btu/h 1.73 Nonducted < 29,000 Btu/h 1.89 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.86 ≥ 65,000 Btu/h 1.75 Air cooled with fluid economizer and ducted condenser Ducted < 29,000 Btu/h 1.82 75°F/52°F (Class 1) AHRI 1360 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.78 ≥ 65,000 Btu/h 1.68 Nonducted < 29,000 Btu/h 1.85 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.81 ≥ 65,000 Btu/h 1.70 Water cooled Ducted < 29,000 Btu/h 2.38 75°F/52°F (Class 1) AHRI 1360 ≥ 29,000 Btu/h and < 65,000 Btu/h 2.28 ≥ 65,000 Btu/h 2.18 Nonducted < 29,000 Btu/h 2.41 ≥ 29,000 Btu/h and < 65,000 Btu/h 2.31 ≥ 65,000 Btu/h 2.20 (continued) TABLE C403.3.2(16)—continued CEILING-MOUNTED COMPUTER-ROOM AIR CONDITIONERS—MINIMUM EFFICIENCY REQUIREMENTSb EQUIPMENT TYPE STANDARD MODEL NET SENSIBLE COOLING CAPACITY MINIMUM NET SENSIBLE COP RATING CONDITIONS RETURN AIR (dry bulb/dew point) TEST PROCEDUREa Water cooled with fluid economizer Ducted < 29,000 Btu/h 2.33 75°F/52°F (Class 1) AHRI 1360 ≥ 29,000 Btu/h and < 65,000 Btu/h 2.23 ≥ 65,000 Btu/h 2.13 Nonducted < 29,000 Btu/h 2.36 ≥ 29,000 Btu/h and < 65,000 Btu/h 2.26 ≥ 65,000 Btu/h 2.16 Glycol cooled Ducted < 29,000 Btu/h 1.97 75°F/52°F (Class 1) AHRI 1360 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.93 ≥ 65,000 Btu/h 1.78 Nonducted < 29,000 Btu/h 2.00 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.98 ≥ 65,000 Btu/h 1.81 Glycol cooled with fluid economizer Ducted < 29,000 Btu/h 1.92 75°F/52°F (Class 1) AHRI 1360 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.88 ≥ 65,000 Btu/h 1.73 Nonducted < 29,000 Btu/h 1.95 ≥ 29,000 Btu/h and < 65,000 Btu/h 1.93 ≥ 65,000 Btu/h 1.76 For SI: 1 British thermal unit per hour = 0.2931 W, °C = [(°F) – 32]/1.8, COP = (Btu/h × hp)/(2,550.7). a. Chapter 6 contains a complete specification of the referenced standards, which include test procedures, including the reference year version of the test procedure. b. This is a replica of ASHRAE 90.1 Table 6.8.1-17 Ceiling-Mounted Computer-Room Air Conditioners—Minimum Efficiency Requirements TABLE C403.3.3 MAXIMUM HOT GAS BYPASS CAPACITY RATED CAPACITY MAXIMUM HOT GAS BYPASS CAPACITY (% of total capacity) ≤ 240,000 Btu/h 50 > 240,000 Btu/h 25 For SI: 1 British thermal unit per hour = 0.2931 W. C403.3.4 Boiler turndown. Boiler systems with design input of greater than 1,000,000 Btu/h (293 kW) shall comply with the turndown ratio specified in Table C403.3.4. The system turndown requirement shall be met through the use of multiple single- input boilers, one or more modulating boilers or a combination of single-input and modulating boilers. TABLE C403.3.4 BOILER TURNDOWN BOILER SYSTEM DESIGN INPUT (Btu/h) MINIMUM TURNDOWN RATIO ≥ 1,000,000 and ≤ 5,000,000 3 to 1 > 5,000,000 and ≤ 10,000,000 4 to 1 > 10,000,000 5 to 1 For SI: 1 British thermal unit per hour = 0.2931 W. C403.4 Heating and cooling system controls. Each heating and cooling system shall be provided with controls in accordance with Sections C403.4.1 through C403.4.5. C403.4.1 Thermostatic controls. The supply of heating and cooling energy to each zone shall be controlled by individual thermostatic controls capable of responding to temperature within the zone. Where humidification or dehumidification or both is provided, not fewer than one humidity control device shall be provided for each humidity control system. Exception: Independent perimeter systems that are designed to offset only building envelope heat losses, gains or both serving one or more perimeter zones also served by an interior system provided that both of the following conditions are met: 1. The perimeter system includes not fewer than one thermostatic control zone for each building exposure having exterior walls facing only one orientation (within ±45 degrees) (0.8 rad) for more than 50 contiguous feet (15 240 mm). 2. The perimeter system heating and cooling supply is controlled by thermostats located within the zones served by the system. C403.4.1.1 Heat pump supplementary heat. Heat pumps having supplementary electric-resistance heat combustion equipment or electric resistance equipment for supplementary space or service water heating shall have controls that, except during defrost, are configured to prevent supplemental heat operation when the capacity of the heat pump compressor can meet the heating load. and limit supplemental heat operation to only those times when one of the following applies: 1. For space heating systems, the vapor compression cycle cannot provide the necessary heating energy to satisfy the thermostat setting. Exception: For forced-air systems, the vapor compression cycle cannot provide a supply air temperature of 85°F or greater 2. The heat pump is operating in defrost mode. 3. The vapor compression cycle malfunctions. 4. For space heating systems, the thermostat malfunctions. C403.4.1.2 Deadband. Where used to control both heating and cooling, zone thermostatic controls shall be configured to provide a temperature range or deadband of not less than 5°F (2.8°C) within which the supply of heating and cooling energy to the zone is shut off or reduced to a minimum. Exceptions: 1. Thermostats requiring manual changeover between heating and cooling modes. 2. Occupancies or applications requiring precision in indoor temperature control as approved by the code official. C403.4.1.3 Setpoint overlap restriction. Where a zone has a separate heating and a separate cooling thermostatic control located within the zone, a limit switch, mechanical stop or direct digital control system with software programming shall be configured to prevent the heating setpoint from exceeding the cooling setpoint and to maintain a deadband in accordance with Section C403.4.1.2. C403.4.1.4 Heated or cooled vestibules. The heating system for heated vestibules and air curtains with integral heating shall be provided with controls configured to shut off the source of heating when the outdoor air temperature is greater than 45°F (7°C). Vestibule heating and cooling systems shall be controlled by a thermostat located in the vestibule configured to limit heating to a temperature not greater than 60°F (16°C) and cooling to a temperature not less than 85°F (29°C). Exception: Control of heating or cooling provided by site-recovered energy or transfer air that would otherwise be exhausted. C403.4.1.5 Hot water boiler outdoor temperature setback control. Hot water boilers that supply heat to the building through one- or two-pipe heating systems shall have an outdoor setback control that lowers the boiler water temperature based on the outdoor temperature. C403.4.2 Off-hour controls. Each zone shall be provided with thermostatic setback controls that are controlled by either an automatic time clock or programmable control system. Exceptions: 1. Zones that will be operated continuously. 2. Zones with a full HVAC load demand not exceeding 6,800 Btu/h (2 kW) and having a manual shutoff switch located with ready access. C403.4.2.1 Thermostatic setback. Thermostatic setback controls shall be configured to set back or temporarily operate the system to maintain zone temperatures down to 55°F (13°C) or up to 85°F (29°C). C403.4.2.2 Automatic setback and shutdown. Automatic time clock or programmable controls shall be capable of starting and stopping the system for seven different daily schedules per week and retaining their programming and time setting during a loss of power for not fewer than 10 hours. Additionally, the controls shall have a manual override that allows temporary operation of the system for up to 2 hours; a manually operated timer configured to operate the system for up to 2 hours; or an occupancy sensor. C403.4.2.3 Automatic start and stop. Automatic start and stop controls shall be provided for each HVAC system. The automatic start controls shall be configured to automatically adjust the daily start time of the HVAC system in order to bring each space to the desired occupied temperature immediately prior to scheduled occupancy. Automatic stop controls shall be provided for each HVAC system with direct digital control of individual zones. The automatic stop controls shall be configured to reduce the HVAC system’s heating temperature setpoint and increase the cooling temperature setpoint by not less than 2°F (-16.6ºC) before scheduled unoccupied periods based on the thermal lag and acceptable drift in space temperature that is within comfort limits. C403.4.3 Hydronic systems controls. The heating of fluids that have been previously mechanically cooled and the cooling of fluids that have been previously mechanically heated shall be limited in accordance with Sections C403.4.3.1 through C403.4.3.3. Hydronic heating systems comprised of multiple-packaged boilers and designed to deliver conditioned water or steam into a common distribution system shall include automatic controls configured to sequence operation of the boilers. Hydronic heating systems composed of a single boiler and greater than 500,000 Btu/h (146.5 kW) input design capacity shall include either a multistaged or modulating burner. C403.4.3.1 Three-pipe system. Hydronic systems that use a common return system for both hot water and chilled water are prohibited. C403.4.3.2 Two-pipe changeover system. Systems that use a common distribution system to supply both heated and chilled water shall be designed to allow a deadband between changeover from one mode to the other of not less than 15°F (8.3°C) outside air temperatures; be designed to and provided with controls that will allow operation in one mode for not less than 4 hours before changing over to the other mode; and be provided with controls that allow heating and cooling supply temperatures at the changeover point to be not more than 30°F (16.7°C) apart. C403.4.3.3 Hydronic (water loop) heat pump systems. Hydronic heat pump systems shall comply with Sections C403.4.3.3.1 through C403.4.3.3.3. C403.4.3.3.1 Temperature deadband. Hydronic heat pumps connected to a common heat pump water loop with central devices for heat rejection and heat addition shall have controls that are configured to provide a heat pump water supply temperature deadband of not less than 20°F (11°C) between initiation of heat rejection and heat addition by the central devices. Exception: Where a system loop temperature optimization controller is installed and can determine the most efficient operating temperature based on real-time conditions of demand and capacity, deadbands of less than 20°F (11°C) shall be permitted. C403.4.3.3.2 Heat rejection. The following shall apply to hydronic water loop heat pump systems in Climate Zones 3 through 8: 1. Where a closed-circuit cooling tower is used directly in the heat pump loop, either an automatic valve shall be installed to bypass the flow of water around the closed-circuit cooling tower, except for any flow necessary for freeze protection, or low-leakage positive-closure dampers shall be provided. 2. Where an open-circuit cooling tower is used directly in the heat pump loop, an automatic valve shall be installed to bypass all heat pump water flow around the open circuit cooling tower. 3. Where an open-circuit or closed-circuit cooling tower is used in conjunction with a separate heat exchanger to isolate the open-circuit cooling tower from the heat pump loop, heat loss shall be controlled by shutting down the circulation pump on the cooling tower loop. Exception: Where it can be demonstrated that a heat pump system will be required to reject heat throughout the year. C403.4.3.3.3 Two-position valve. Each hydronic heat pump on the hydronic system having a total pump system power exceeding 10 hp (7.5 kW) shall have a two-position automatic valve interlocked to shut off the water flow when the compressor is off. C403.4.4 Part-load controls. Hydronic systems greater than or equal to 300,000 Btu/h (87.9 kW) in design output capacity supplying heated or chilled water to comfort conditioning systems shall include controls that are configured to do all of the following: 1. Automatically reset the supply-water temperatures in response to varying building heating and cooling demand using coil valve position, zone-return water temperature, building-return water temperature or outside air temperature. The temperature shall be reset by not less than 25 percent of the design supply-to-return water temperature difference. 2. Automatically vary fluid flow for hydronic systems with a combined pump motor capacity of 2 hp (1.5 kW) or larger with three or more control valves or other devices by reducing the system design flow rate by not less than 50 percent or the maximum reduction allowed by the equipment manufacturer for proper operation of equipment by valves that modulate or step open and close, or pumps that modulate or turn on and off as a function of load. 3. Automatically vary pump flow on heating-water systems, chilled-water systems and heat rejection loops serving water-cooled unitary air conditioners as follows: 3.1. Where pumps operate continuously or operate based on a time schedule, pumps with nominal output motor power of 2 hp or more shall have a variable speed drive. 3.2. Where pumps have automatic direct digital control configured to operate pumps only when zone heating or cooling is required, a variable speed drive shall be provided for pumps with motors having the same or greater nominal output power indicated in Table C403.4.4 based on the climate zone and system served. 4. Where a variable speed drive is required by Item 3 of this section, pump motor power input shall be not more than 30 percent of design wattage at 50 percent of the design water flow. Pump flow shall be controlled to maintain one control valve nearly wide open or to satisfy the minimum differential pressure. Exceptions: 1. Supply-water temperature reset is not required for chilled-water systems supplied by off-site district chilled water or chilled water from ice storage systems. 2. Variable pump flow is not required on dedicated coil circulation pumps where needed for freeze protection. 3. Variable pump flow is not required on dedicated equipment circulation pumps where configured in primary/secondary design to provide the minimum flow requirements of the equipment manufacturer for proper operation of equipment. 4. Variable speed drives are not required on heating water pumps where more than 50 percent of annual heat is generated by an electric boiler. TABLE C403.4.4 VARIABLE SPEED DRIVE (VSD) REQUIREMENTS FOR DEMAND-CONTROLLED PUMPS C403.4.5 Pump isolation. Chilled water plants including more than one chiller shall be capable of and configured to reduce flow automatically through the chiller plant when a chiller is shut down. Chillers piped in series for the purpose of increased temperature differential shall be considered as one chiller. Boiler systems including more than one boiler shall be capable of and configured to reduce flow automatically through the boiler system when a boiler is shut down. C403.5 Economizers. Economizers shall comply with Sections C403.5.1 through C403.5.5. An air or water economizer shall be provided for the following cooling systems: 1. Chilled water systems with a total cooling capacity, less cooling capacity provided with air economizers, as specified in Table C403.5(1). 2. Individual fan systems with cooling capacity greater than or equal to 54,000 Btu/h (15.8 kW) in buildings having other than a Group R occupancy. The total supply capacity of all fan cooling units not provided with economizers shall not exceed 20 percent of the total supply capacity of all fan cooling units in the building or 300,000 Btu/h (88 kW), whichever is greater. 3. Individual fan systems with cooling capacity greater than or equal to 270,000 Btu/h (79.1 kW) in buildings having a Group R occupancy. The total supply capacity of all fan cooling units not provided with economizers shall not exceed 20 percent of the total supply capacity of all fan cooling units in the building or 1,500,000 Btu/h (440 kW), whichever is greater. Exceptions: Economizers are not required for the following systems. 1. Individual fan systems not served by chilled water for buildings located in Climate Zones 0A, 0B, 1A and 1B. 2. Where more than 25 percent of the air designed to be supplied by the system is to spaces that are designed to be humidified above 35°F (1.7°C) dew-point temperature to satisfy process needs. 3. Systems expected to operate less than 20 hours per week. 4. Systems serving supermarket areas with open refrigerated casework. 5. Where the cooling efficiency is greater than or equal to the efficiency requirements in Table C403.5(2). 6. Systems that include a heat recovery system in accordance with Section C403.10.5. 7. VRF systems installed with a dedicated outdoor air system. TABLE C403.5(1) MINIMUM CHILLED-WATER SYSTEM COOLING CAPACITY FOR DETERMINING ECONOMIZER COOLING REQUIREMENTS CLIMATE ZONES (COOLING) TOTAL CHILLED-WATER SYSTEM CAPACITY LESS CAPACITY OF COOLING UNITS WITH AIR ECONOMIZERS Local water-cooled chilled-water systems Air-cooled chilledwater systems or district chilled-water systems 0A, 1A Economizer not required Economizer not required 0B, 1B, 2A, 2B 960,000 Btu/h 1,250,000 Btu/h 3A, 3B, 3C, 4A, 4B, 4C 720,000 Btu/h 940,000 Btu/h 5A, 5B, 5C, 6A, 6B, 7, 8 1,320,000 Btu/h 1,720,000 Btu/h For SI: 1 British thermal unit per hour = 0.2931 W. TABLE C403.5(2) EQUIPMENT EFFICIENCY PERFORMANCE EXCEPTION FOR ECONOMIZERS CLIMATE ZONES COOLING EQUIPMENT PERFORMANCE IMPROVEMENT (EER OR IPLV) 2A, 2B 10% efficiency improvement 3A, 3B 15% efficiency improvement 4A, 4B 20% efficiency improvement C403.5.1 Integrated economizer control. Economizer systems shall be integrated with the mechanical cooling system and be configured to provide partial cooling even where additional mechanical cooling is required to provide the remainder of the cooling load. Controls shall not be capable of creating a false load in the mechanical cooling systems by limiting or disabling the economizer or any other means, such as hot gas bypass, except at the lowest stage of mechanical cooling. Units that include an air economizer shall comply with the following: 1. Unit controls shall have the mechanical cooling capacity control interlocked with the air economizer controls such that the outdoor air damper is at the 100-percent open position when mechanical cooling is on and the outdoor air damper does not begin to close to prevent coil freezing due to minimum compressor run time until the leaving air temperature is less than 45°F (7°C). 2. Direct expansion (DX) units that control 75,000 Btu/h (22 kW) or greater of rated capacity of the capacity of the mechanical cooling directly based on occupied space temperature shall have not fewer than two stages of mechanical cooling capacity. 3. Other DX units, including those that control space temperature by modulating the airflow to the space, shall be in accordance with Table C403.5.1. TABLE C403.5.1 DX COOLING STAGE REQUIREMENTS FOR MODULATING AIRFLOW UNITS RATING CAPACITY MINIMUM NUMBER OF MECHANICAL COOLING STAGES MINIMUM COMPRESSOR DISPLACEMENTa ≥ 65,000 Btu/h and < 240,000 Btu/h 3 stages ≤ 35% of full load ≥ 240,000 Btu/h 4 stages ≤ 25% full load For SI: 1 British thermal unit per hour = 0.2931 W. a. For mechanical cooling stage control that does not use variable compressor displacement, the percent displacement shall be equivalent to the mechanical cooling capacity reduction evaluated at the full load rating conditions for the compressor. C403.5.2 Economizer heating system impact. HVAC system design and economizer controls shall be such that economizer operation does not increase building heating energy use during normal operation. Exception: Economizers on variable air volume (VAV) systems that cause zone level heating to increase because of a reduction in supply air temperature. C403.5.3 Air economizers. Where economizers are required by Section C403.5, air economizers shall comply with Sections C403.5.3.1 through C403.5.3.5. C403.5.3.1 Design capacity. Air economizer systems shall be configured to modulate outdoor air and return air dampers to provide up to 100 percent of the design supply air quantity as outdoor air for cooling. C403.5.3.2 Control signal. Economizer controls and dampers shall be configured to sequence the dampers with the mechanical cooling equipment and shall not be controlled by only mixed-air temperature. Exception: The use of mixed-air temperature limit control shall be permitted for systems controlled from space temperature (such as single-zone systems). C403.5.3.3 High-limit shutoff. Air economizers shall be configured to automatically reduce outdoor air intake to the design minimum outdoor air quantity when outdoor air intake will not reduce cooling energy usage. High-limit shutoff control types for specific climates shall be chosen from Table C403.5.3.3. High-limit shutoff control settings for these control types shall be those specified in Table C403.5.3.3. C403.5.3.4 Relief of excess outdoor air. Systems shall be capable of relieving excess outdoor air during air economizer operation to prevent overpressurizing the building. The relief air outlet shall be located to avoid recirculation into the building. C403.5.3.5 Economizer dampers. Return, exhaust/relief and outdoor air dampers used in economizers shall comply with Section C403.7.7. C403.5.4 Water-side economizers. Where economizers are required by Section C403.5, water-side economizers shall comply with Sections C403.5.4.1 and C403.5.4.2. C403.5.4.1 Design capacity. Water economizer systems shall be configured to cool supply air by indirect evaporation and providing up to 100 percent of the expected system cooling load at outdoor air temperatures of not greater than 50°F (10°C) dry bulb/45°F (7°C) wet bulb. Exceptions: 1. Systems primarily serving computer rooms in which 100 percent of the expected system cooling load at 40°F (4°C) dry bulb/35°F (1.7°C) wet bulb is met with evaporative water economizers. 2. Systems primarily serving computer rooms with dry cooler water economizers that satisfy 100 percent of the expected system cooling load at 35°F (1.7°C) dry bulb. 3. Systems where dehumidification requirements cannot be met using outdoor air temperatures of 50°F (10°C) dry bulb/45°F (7°C) wet bulb and where 100 percent of the expected system cooling load at 45°F (7°C) dry bulb/40°F (4°C) wet bulb is met with evaporative water economizers. TABLE C403.5.3.3 HIGH-LIMIT SHUTOFF CONTROL SETTING FOR AIR ECONOMIZERSb DEVICE TYPE CLIMATE ZONE REQUIRED HIGH LIMIT (ECONOMIZER OFF WHEN): Equation Description Fixed dry bulb 0B, 1B, 2B, 3B, 3C, 4B, 4C, 5B, 5C, 6B, 7, 8 TOA > 75°F Outdoor air temperature exceeds 75°F 5A, 6A TOA > 70°F Outdoor air temperature exceeds 70°F 0A, 1A, 2A, 3A, 4A TOA > 65°F Outdoor air temperature exceeds 65°F Differential dry bulb 0B, 1B, 2B, 3B, 3C, 4B, 4C, 5A, 5B, 5C, 6A, 6B, 7, 8 TOA > TRA Outdoor air temperature exceeds return air temperature Fixed enthalpy with fixed drybulb temperatures All hOA > 28 Btu/lba or TOA > 75°F Outdoor air enthalpy exceeds 28 Btu/lb of dry aira or Outdoor air temperature exceeds 75°F Differential enthalpy with fixed dry-bulb temperature All hOA > hRA or TOA > 75°F Outdoor air enthalpy exceeds return air enthalpy or Outdoor air temperature exceeds 75°F For SI: °C = (°F – 32)/1.8, 1 Btu/lb = 2.33 kJ/kg. a. At altitudes substantially different than sea level, the fixed enthalpy limit shall be set to the enthalpy value at 75°F and 50-percent relative humidity. As an example, at approximately 6,000 feet elevation, the fixed enthalpy limit is approximately 30.7 Btu/lb. b. Devices with selectable setpoints shall be capable of being set to within 2°F and 2 Btu/lb of the setpoint listed. C403.5.4.2 Maximum pressure drop. Precooling coils and water-to-water heat exchangers used as part of a water economizer system shall either have a water-side pressure drop of less than 15 feet (45 kPa) of water or a secondary loop shall be created so that the coil or heat exchanger pressure drop is not seen by the circulating pumps when the system is in the normal cooling (noneconomizer) mode. C403.5.5 Economizer fault detection and diagnostics. Air-cooled unitary direct-expansion units listed in the tables in Section C403.3.2 and variable refrigerant flow (VRF) units that are equipped with an economizer in accordance with Sections C403.5 through C403.5.4 shall include a fault detection and diagnostics system complying with the following: 1. The following temperature sensors shall be permanently installed to monitor system operation: 1.1. Outside air. 1.2. Supply air. 1.3. Return air. 2. Temperature sensors shall have an accuracy of ±2°F (1.1°C) over the range of 40°F to 80°F (4°C to 26.7°C). 3. Refrigerant pressure sensors, where used, shall have an accuracy of ±3 percent of full scale. 4. The unit controller shall be configured to provide system status by indicating the following: 4.1. Free cooling available. 4.2. Economizer enabled. 4.3. Compressor enabled. 4.4. Heating enabled. 4.5. Mixed air low limit cycle active. 4.6. The current value of each sensor. 5. The unit controller shall be capable of manually initiating each operating mode so that the operation of compressors, economizers, fans and the heating system can be independently tested and verified. 6. The unit shall be configured to report faults to a fault management application available for access by day- to-day operating or service personnel, or annunciated locally on zone thermostats. 7. The fault detection and diagnostics system shall be configured to detect the following faults: 7.1. Air temperature sensor failure/fault. 7.2. Not economizing when the unit should be economizing. 7.3. Economizing when the unit should not be economizing. 7.4. Damper not modulating. 7.5. Excess outdoor air. C403.6 Requirements for mechanical systems serving multiple zones. Sections C403.6.1 through C403.6.9 shall apply to mechanical systems serving multiple zones. C403.6.1 Variable air volume and multiple-zone systems. Supply air systems serving multiple zones shall be variable air volume (VAV) systems that have zone controls configured to reduce the volume of air that is reheated, recooled or mixed in each zone to one of the following: 1. Twenty percent of the zone design peak supply for systems with direct digital control (DDC) and 30 percent for other systems. 2. Systems with DDC where all of the following apply: 2.1. The airflow rate in the deadband between heating and cooling does not exceed 20 percent of the zone design peak supply rate or higher allowed rates under Items 3, 4 and 5 of this section. 2.2. The first stage of heating modulates the zone supply air temperature setpoint up to a maximum setpoint while the airflow is maintained at the deadband flow rate. 2.3. The second stage of heating modulates the airflow rate from the deadband flow rate up to the heating maximum flow rate that is less than 50 percent of the zone design peak supply rate. 3. The outdoor airflow rate required to meet the minimum ventilation requirements of Chapter 4 of the International Mechanical Code. 4. Any higher rate that can be demonstrated to reduce overall system annual energy use by offsetting reheat/recool energy losses through a reduction in outdoor air intake for the system as approved by the code official. 5. The airflow rate required to comply with applicable codes or accreditation standards such as pressure relationships or minimum air change rates. Exception: The following individual zones or entire air distribution systems are exempted from the requirement for VAV control: 1. Zones or supply air systems where not less than 75 percent of the energy for reheating or for providing warm air in mixing systems is provided from a site-recovered, including condenser heat, or site-solar energy source. 2. Systems that prevent reheating, recooling, mixing or simultaneous supply of air that has been previously cooled, either mechanically or through the use of economizer systems, and air that has been previously mechanically heated. C403.6.2 Single-duct VAV systems, terminal devices. Single-duct VAV systems shall use terminal devices capable of and configured to reduce the supply of primary supply air before reheating or recooling takes place. C403.6.3 Dual-duct and mixing VAV systems, terminal devices. Systems that have one warm air duct and one cool air duct shall use terminal devices that are configured to reduce the flow from one duct to a minimum before mixing of air from the other duct takes place. C403.6.4 Single-fan dual-duct and mixing VAV systems, economizers. Individual dual-duct or mixing heating and cooling systems with a single fan and with total capacities greater than 90,000 Btu/h [(26.4 kW) 7.5 tons] shall not be equipped with air economizers. C403.6.5 Supply-air temperature reset controls. Multiple-zone HVAC systems shall include controls that are capable of and configured to automatically reset the supply-air temperature in response to representative building loads, or to outdoor air temperature. The controls shall be configured to reset the supply air temperature not less than 25 percent of the difference between the design supply-air temperature and the design room air temperature. Controls that adjust the reset based on zone humidity are allowed in Climate Zones 0B, 1B, 2B, 3B, 3C and 4 through 8. HVAC zones that are expected to experience relatively constant loads shall have maximum airflow designed to accommodate the fully reset supply-air temperature. Exceptions: 1. Systems that prevent reheating, recooling or mixing of heated and cooled supply air. 2. Seventy-five percent of the energy for reheating is from site-recovered or site-solar energy sources. 3. Systems in Climate Zones 0A, 1A and 3A with less than 3,000 cfm (1500 L/s) of design outside air. 4. Systems in Climate Zone 2A with less than 10,000 cfm (5000 L/s) of design outside air. 5. Systems in Climate Zones 0A, 1A, 2A and 3A with not less than 80 percent outside air and employing exhaust air energy recovery complying with Section C403.7.4. C403.6.5.1 Dehumidification control interaction. In Climate Zones 0A, 1A, 2A and 3A, the system design shall allow supply-air temperature reset while dehumidification is provided. When dehumidification control is active, air economizers shall be locked out. C403.6.6 Multiple-zone VAV system ventilation optimization control. Multiple-zone VAV systems with direct digital control of individual zone boxes reporting to a central control panel shall have automatic controls configured to reduce outdoor air intake flow below design rates in response to changes in system ventilation efficiency (Ev) as defined by the International Mechanical Code. Exceptions: 1. VAV systems with zonal transfer fans that recirculate air from other zones without directly mixing it with outdoor air, dual-duct dual-fan VAV systems, and VAV systems with fanpowered terminal units. 2. Systems where total design exhaust airflow is more than 70 percent of total design outdoor air intake flow requirements. C403.6.7 Parallel-flow fan-powered VAV air terminal control. Parallel-flow fan-powered VAV air terminals shall have automatic controls configured to: 1. Turn off the terminal fan except when space heating is required or where required for ventilation. 2. Turn on the terminal fan as the first stage of heating before the heating coil is activated. 3. During heating for warmup or setback temperature control, either: 3.1. Operate the terminal fan and heating coil without primary air. 3.2. Reverse the terminal damper logic and provide heating from the central air handler by primary air. C403.6.8 Setpoints for direct digital control. For systems with direct digital control of individual zones reporting to the central control panel, the static pressure setpoint shall be reset based on the zone requiring the most pressure. In such case, the setpoint is reset lower until one zone damper is nearly wide open. The direct digital controls shall be capable of monitoring zone damper positions or shall have an alternative method of indicating the need for static pressure that is configured to provide all of the following: 1. Automatic detection of any zone that excessively drives the reset logic. 2. Generation of an alarm to the system operational location. 3. Allowance for an operator to readily remove one or more zones from the reset algorithm. C403.6.9 Static pressure sensor location. Static pressure sensors used to control VAV fans shall be located such that the controller setpoint is not greater than 1.2 inches w.c. (299 Pa). Where this results in one or more sensors being located downstream of major duct splits, not less than one sensor shall be located on each major branch to ensure that static pressure can be maintained in each branch. C403.7 Ventilation and exhaust systems. In addition to other requirements of Section C403 applicable to the provision of ventilation air or the exhaust of air, ventilation and exhaust systems shall be in accordance with Sections C403.7.1 through C403.7.7. C403.7.1 Demand control ventilation. Demand control ventilation (DCV) shall be provided for all single-zone systems required to comply with Sections C403.5 through C403.5.3 and spaces larger than 500 square feet (46.5 m2) and with an average occupant load of 15 people or greater per 1,000 square feet (93 m2) of floor area, as established in Table 403.3.1.1 of the International Mechanical Code, and served by systems with one or more of the following: 1. An air-side economizer. 2. Automatic modulating control of the outdoor air damper. 3. A design outdoor airflow greater than 3,000 cfm (1416 L/s). Exceptions: 1. Systems with energy recovery complying with Section C403.7.4.2. 2. Multiple-zone systems without direct digital control of individual zones communicating with a central control panel. 3. Multiple-zone systems with a design outdoor airflow less than 750 cfm (354 L/s). 4. Spaces where more than 75 percent of the space design outdoor airflow is required for makeup air that is exhausted from the space or transfer air that is required for makeup air that is exhausted from other spaces. 5. Spaces with one of the following occupancy classifications as defined in Table 403.3.1.1 of the International Mechanical Code: correctional cells, education laboratories, barber, beauty and nail salons, and bowling alley seating areas. C403.7.2 Enclosed parking garage ventilation controls. Enclosed parking garages used for storing or handling automobiles operating under their own power shall employ carbon monoxide detectors applied in conjunction with nitrogen dioxide detectors and automatic controls configured to stage fans or modulate fan average airflow rates to 50 percent or less of design capacity, or intermittently operate fans less than 20 percent of the occupied time or as required to maintain acceptable contaminant levels in accordance with International Mechanical Code provisions. Failure of contamination-sensing devices shall cause the exhaust fans to operate continuously at design airflow. Exceptions: 1. Garages with a total exhaust capacity less than 8,000 cfm (3,755 L/s) with ventilation systems that do not utilize heating or mechanical cooling. 2. Garages that have a garage area to ventilation system motor nameplate power ratio that exceeds 1,125 cfm/hp (710 L/s/kW) and do not utilize heating or mechanical cooling. C403.7.3 Ventilation air heating control. Units that provide ventilation air to multiple zones and operate in conjunction with zone heating and cooling systems shall not use heating or heat recovery to warm supply air to a temperature greater than 60°F (16°C) when representative building loads or outdoor air temperatures indicate that the majority of zones require cooling. C403.7.4 Energy recovery systems. Energy recovery ventilation systems shall be provided as specified in either Section C403.7.4.1 or C403.7.4.2, as applicable. C403.7.4.1 Nontransient dwelling units. Nontransient dwelling units shall be provided with outdoor air energy recovery ventilation systems with an enthalpy recovery ratio of not less than 50 percent at cooling design condition and not less than 60 percent at heating design condition. Exceptions: 1. Nontransient dwelling units in Climate Zone 3C. 2. Nontransient dwelling units with not more than 500 square feet (46 m2) of conditioned floor area in Climate Zones 0, 1, 2, 3, 4C and 5C. 3. Enthalpy recovery ratio requirements at heating design condition in Climate Zones 0, 1 and 2. 4. Enthalpy recovery ratio requirements at cooling design condition in Climate Zones 4, 5, 6, 7 and 8. C403.7.4.2 Spaces other than nontransient dwelling units. Where the supply airflow rate of a fan system serving a space other than a nontransient dwelling unit exceeds the values specified in Tables C403.7.4.2(1) and C403.7.4.2(2), the system shall include an energy recovery system. The energy recovery system shall provide an enthalpy recovery ratio of not less than 50 percent at design conditions. Where an air economizer is required, the energy recovery system shall include a bypass or controls that permit operation of the economizer as required by Section C403.5. Exception: An energy recovery ventilation system shall not be required in any of the following conditions: 1. Where energy recovery systems are prohibited by the International Mechanical Code. 2. Laboratory fume hood systems that include not fewer than one of the following features: 2.1. Variable-air-volume hood exhaust and room supply systems configured to reduce exhaust and makeup air volume to 50 percent or less of design values. 2.2. Direct makeup (auxiliary) air supply equal to or greater than 75 percent of the exhaust rate, heated not warmer than 2°F (1.1°C) above room setpoint, cooled to not cooler than 3°F (1.7°C) below room setpoint, with no humidification added, and no simultaneous heating and cooling used for dehumidification control. 3. Systems serving spaces that are heated to less than 60°F (15.5°C) and that are not cooled. 4. Where more than 60 percent of the outdoor heating energy is provided from site-recovered or site-solar energy. 5. Enthalpy recovery ratio requirements at heating design condition in Climate Zones 1 and 2. 6. Enthalpy recovery ratio requirements at cooling design condition in Climate Zones 3C, 4C, 5B, 5C, 6B, 7 and 8. 7. Systems requiring dehumidification that employ energy recovery in series with the cooling coil. 8. Where the largest source of air exhausted at a single location at the building exterior is less than 75 percent of the design outdoor air flow rate. 9. Systems expected to operate less than 20 hours per week at the outdoor air percentage covered by Table C403.7.4.2(1). 10. Systems exhausting toxic, flammable, paint or corrosive fumes or dust. 11. Commercial kitchen hoods used for collecting and removing grease vapors and smoke. C403.7.5 Kitchen exhaust systems. Replacement air introduced directly into the exhaust hood cavity shall not be greater than 10 percent of the hood exhaust airflow rate. Conditioned supply air delivered to any space shall not exceed the greater of the following: 1. The ventilation rate required to meet the space heating or cooling load. 2. The hood exhaust flow minus the available transfer air from adjacent space where available transfer air is considered to be that portion of outdoor ventilation air not required to satisfy other exhaust needs, such as restrooms, and not required to maintain pressurization of adjacent spaces. Where total kitchen hood exhaust airflow rate is greater than 5,000 cfm (2360 L/s), each hood shall be a factory-built commercial exhaust hood listed by a nationally recognized testing laboratory in compliance with UL 710. Each hood shall have a maximum exhaust rate as specified in Table C403.7.5 and shall comply with one of the following: 1. Not less than 50 percent of all replacement air shall be transfer air that would otherwise be exhausted. 2. Demand ventilation systems on not less than 75 percent of the exhaust air that are configured to provide not less than a 50-percent reduction in exhaust and replacement air system airflow rates, including controls necessary to modulate airflow in response to appliance operation and to maintain full capture and containment of smoke, effluent and combustion products during cooking and idle. 3. Listed energy recovery devices with a sensible heat recovery effectiveness of not less than 40 percent on not less than 50 percent of the total exhaust airflow. Where a single hood, or hood section, is installed over appliances with different duty ratings, the maximum allowable flow rate for the hood or hood section shall be based on the requirements for the highest appliance duty rating under the hood or hood section. Exception: Where not less than 75 percent of all the replacement air is transfer air that would otherwise be exhausted. TABLE C403.7.4.2(1) ENERGY RECOVERY REQUIREMENT (Ventilation systems operating less than 8,000 hours per year) CLIMATE ZONE PERCENT (%) OUTDOOR AIR AT FULL DESIGN AIRFLOW RATE ≥ 10% and < 20% ≥ 20% and < 30% ≥ 30% and < 40% ≥ 40% and < 50% ≥ 50% and < 60% ≥ 60% and < 70% ≥ 70% and < 80% ≥ 80% Design Supply Fan Airflow Rate (cfm) 3B, 3C, 4B, 4C, 5B NR NR NR NR NR NR NR NR 0B, 1B, 2B, 5C NR NR NR NR ≥ 26,000 ≥ 12,000 ≥ 5,000 ≥ 4,000 6B ≥ 28,000 ≥ 26,5000 ≥ 11,000 ≥ 5,500 ≥ 4,500 ≥ 3,500 ≥ 2,500 ≥ 1,500 0A, 1A, 2A, 3A, 4A, 5A, 6A ≥ 26,000 ≥ 16,000 ≥ 5,500 ≥ 4,500 ≥ 3,500 ≥ 2,000 ≥ 1,000 > 120 7, 8 ≥ 4,500 ≥ 4,000 ≥ 2,500 ≥ 1,000 > 140 > 120 > 100 > 80 For SI: 1 cfm = 0.4719 L/s. NR = Not Required. TABLE C403.7.4.2(2) ENERGY RECOVERY REQUIREMENT (Ventilation systems operating not less than 8,000 hours per year) CLIMATE ZONE PERCENT (%) OUTDOOR AIR AT FULL DESIGN AIRFLOW RATE ≥ 10% and < 20% ≥ 20% and < 30% ≥ 30% and < 40% ≥ 40% and < 50% ≥ 50% and < 60% ≥ 60% and < 70% ≥ 70% and < 80% ≥ 80% Design Supply Fan Airflow Rate (cfm) 3C NR NR NR NR NR NR NR NR 0B, 1B, 2B, 3B, 4C, 5C NR ≥ 19,500 ≥ 9,000 ≥ 5,000 ≥ 4,000 ≥ 3,000 ≥ 1,500 ≥ 120 0A, 1A, 2A, 3A, 4B, 5B ≥ 2,500 ≥ 2,000 ≥ 1,000 ≥ 500 ≥ 140 ≥ 120 ≥ 100 ≥ 80 4A, 5A, 6A, 6B, 7, 8 ≥ 200 ≥ 130 ≥ 100 ≥ 80 ≥ 70 ≥ 60 ≥ 50 ≥ 40 For SI: 1 cfm = 0.4719 L/s. NR = Not Required. TABLE C403.7.5 MAXIMUM NET EXHAUST FLOW RATE, CFM PER LINEAR FOOT OF HOOD LENGTH TYPE OF HOOD LIGHT-DUTY EQUIPMENT MEDIUM-DUTY EQUIPMENT HEAVY-DUTY EQUIPMENT EXTRA-HEAVY-DUTY EQUIPMENT Wall-mounted canopy 140 210 280 385 Single island 280 350 420 490 Double island (per side) 175 210 280 385 Eyebrow 175 175 NA NA Backshelf/Pass-over 210 210 280 NA For SI: 1 cfm = 0.4719 L/s; 1 foot = 304.8 mm. NA = Not Allowed C403.7.6 Automatic control of HVAC systems serving guestrooms. In Group R-1 buildings containing more than 50 guestrooms, each guestroom shall be provided with controls complying with the provisions of Sections C403.7.6.1 and C403.7.6.2. Card key controls comply with these requirements. C403.7.6.1 Temperature setpoint controls. Controls shall be provided on each HVAC system that are capable of and configured with three modes of temperature control. 1. When the guestroom is rented but unoccupied, the controls shall automatically raise the cooling setpoint and lower the heating setpoint by not less than 4°F (2°C) from the occupant setpoint within 30 minutes after the occupants have left the guestroom. 2. When the guestroom is unrented and unoccupied, the controls shall automatically raise the cooling setpoint to not lower than 80°F (27°C) and lower the heating setpoint to not higher than 60°F (16°C). Unrented and unoccupied guestroom mode shall be initiated within 16 hours of the guestroom being continuously occupied or where a networked guestroom control system indicates that the guestroom is unrented and the guestroom is unoccupied for more than 20 minutes. A networked guestroom control system that is capable of returning the thermostat setpoints to default occupied setpoints 60 minutes prior to the time a guestroom is scheduled to be occupied is not precluded by this section. Cooling that is capable of limiting relative humidity with a setpoint not lower than 65- percent relative humidity during unoccupied periods is not precluded by this section. 3. When the guestroom is occupied, HVAC setpoints shall return to their occupied setpoints once occupancy is sensed. C403.7.6.2 Ventilation controls. Controls shall be provided on each HVAC system that are capable of and configured to automatically turn off the ventilation and exhaust fans within 20 minutes of the occupants leaving the guestroom, or isolation devices shall be provided to each guestroom that are capable of automatically shutting off the supply of outdoor air to and exhaust air from the guestroom. Exception: Guestroom ventilation systems are not precluded from having an automatic daily pre-occupancy purge cycle that provides daily outdoor air ventilation during unrented periods at the design ventilation rate for 60 minutes, or at a rate and duration equivalent to one air change. C403.7.7 Shutoff dampers. Outdoor air intake and exhaust openings and stairway and shaft vents shall be provided with Class I motorized dampers. The dampers shall have an air leakage rate not greater than 4 cfm/ft2 (20.3 L/s × m2) of damper surface area at 1.0 inch watergauge (249 Pa) and shall be labeled by an approved agency when tested in accordance with AMCA 500D for such purpose. Outdoor air intake and exhaust dampers shall be installed with automatic controls configured to close when the systems or spaces served are not in use or during unoccupied period warm-up and setback operation, unless the systems served require outdoor or exhaust air in accordance with the International Mechanical Code or the dampers are opened to provide intentional economizer cooling. Stairway and shaft vent dampers shall be installed with automatic controls configured to open upon the activation of any fire alarm initiating device of the building’s fire alarm system or the interruption of power to the damper. Exception: Nonmotorized gravity dampers shall be an alternative to motorized dampers for exhaust and relief openings as follows: 1. In buildings less than three stories in height above grade plane. 2. In buildings of any height located in Climate Zones 0, 1, 2 or 3. 3. Where the design exhaust capacity is not greater than 300 cfm (142 L/s). Nonmotorized gravity dampers shall have an air leakage rate not greater than 20 cfm/ft2 (101.6 L/s × m2) where not less than 24 inches (610 mm) in either dimension and 40 cfm/ft2 (203.2 L/s × m2) where less than 24 inches (610 mm) in either dimension. The rate of air leakage shall be determined at 1.0 inch water gauge (249 Pa) when tested in accordance with AMCA 500D for such purpose. The dampers shall be labeled by an approved agency. C403.8 Fans and fan controls. Fans in HVAC systems shall comply with Sections C403.8.1 through C403.8.6.1. C403.8.1 Allowable fan horsepower. Each HVAC system having a total fan system motor nameplate horsepower exceeding 5 hp (3.7 kW) at fan system design conditions shall not exceed the allowable fan system motor nameplate hp (Option 1) or fan system bhp (Option 2) shown in Table C403.8.1(1). This includes supply fans, exhaust fans, return/relief fans, and fan-powered terminal units associated with systems providing heating or cooling capability. Single-zone variable air volume systems shall comply with the constant volume fan power limitation. Exceptions: 1. Hospital, vivarium and laboratory systems that utilize flow control devices on exhaust or return to maintain space pressure relationships necessary for occupant health and safety or environmental control shall be permitted to use variable volume fan power limitation. 2. Individual exhaust fans with motor nameplate horsepower of 1 hp (0.746 kW) or less are exempt from the allowable fan horsepower requirement. C403.8.2 Motor nameplate horsepower. For each fan, the fan brake horsepower (bhp) shall be indicated on the construction documents and the selected motor shall be not larger than the first available motor size greater than the following: 1. For fans less than 6 bhp (4476 W), 1.5 times the fan brake horsepower. 2. For fans 6 bhp (4476 W) and larger, 1.3 times the fan brake horsepower. Exceptions: 1. Fans equipped with electronic speed control devices to vary the fan airflow as a function of load. 2. Fans with a fan nameplate electrical input power of less than 0.89 kW. 3. Systems complying with Section C403.8.1 fan system motor nameplate hp (Option 1). 4. Fans with motor nameplate horsepower less than 1 hp (746 W). TABLE C403.8.1(1) FAN POWER LIMITATION LIMIT CONSTANT VOLUME VARIABLE VOLUME Option 1: Fan system motor nameplate hp Allowable nameplate motor hp hp ≤ CFMS × 0.0011 hp ≤ CFMS × 0.0015 Option 2: Fan system bhp Allowable fan system bhp bhp ≤ CFMS × 0.00094 + A bhp ≤ CFMS × 0.0013 + A For SI: 1 bhp = 735.5 W, 1 hp = 745.5 W, 1 cfm = 0.4719 L/s. where: CFMS = The maximum design supply airflow rate to conditioned spaces served by the system in cubic feet per minute. hp = The maximum combined motor nameplate horsepower. bhp = The maximum combined fan brake horsepower. A = Sum of [PD × CFMD / 4131]. where: PD = Each applicable pressure drop adjustment from Table C403.8.1(2) in. w.c. CFMD = The design airflow through each applicable device from Table C403.8.1(2) in cubic feet per minute. TABLE C403.8.1(2) FAN POWER LIMITATION PRESSURE DROP ADJUSTMENT DEVICE ADJUSTMENT Credits Return air or exhaust systems required by code or accreditation standards to be fully ducted, or systems required to maintain air pressure differentials between adjacent rooms 0.5 inch w.c. (2.15 inches w.c. for laboratory and vivarium systems) Return and exhaust airflow control devices 0.5 inch w.c. Exhaust filters, scrubbers or other exhaust treatment The pressure drop of device calculated at fan system design condition Particulate filtration credit: MERV 9 thru 12 0.5 inch w.c. Particulate filtration credit: MERV 13 thru 15 0.9 inch w.c. Particulate filtration credit: MERV 16 and greater and electronically enhanced filters Pressure drop calculated at 2 times the clean filter pressure drop at fan system design condition. Carbon and other gas-phase air cleaners Clean filter pressure drop at fan system design condition. Biosafety cabinet Pressure drop of device at fan system design condition. Energy recovery device, other than coil runaround loop For each airstream, (2.2 × energy recovery effectiveness 0.5) inch w.c. Coil runaround loop 0.6 inch w.c. for each airstream. Evaporative humidifier/cooler in series with another cooling coil Pressure drop of device at fan system design conditions. Sound attenuation section (fans serving spaces with design background noise goals below NC35) 0.15 inch w.c. Exhaust system serving fume hoods 0.35 inch w.c. Laboratory and vivarium exhaust systems in high-rise buildings 0.25 inch w.c./100 feet of vertical duct exceeding 75 feet. Deductions Systems without central cooling device 0.6 inch w.c. Systems without central heating device 0.3 inch w.c. Systems with central electric resistance heat 0.2 inch w.c. For SI: 1 inch w.c. = 249 Pa, 1 inch = 25.4 mm, 1 foot = 304.8 mm. w.c. = Water Column, NC = Noise Criterion. C403.8.3 Fan efficiency. Each fan and fan array shall have a fan energy index (FEI) of not less than 1.00 at the design point of operation, as determined in accordance with AMCA 208 by an approved independent testing laboratory and labeled by the manufacturer. Each fan and fan array used for a variable-air-volume system shall have an FEI of not less than 0.95 at the design point of operation, as determined in accordance with AMCA 208 by an approved independent testing laboratory and labeled by the manufacturer. The FEI for fan arrays shall be calculated in accordance with AMCA 208 Annex C. Exceptions: The following fans are not required to have a fan energy index: 1. Fans that are not embedded fans with motor nameplate horsepower of less than 1.0 hp (0.75 kW) or with a nameplate electrical input power of less than 0.89 kW. 2. Embedded fans that have a motor nameplate horsepower of 5 hp (3.7 kW) or less, or with a fan system electrical input power of 4.1 kW or less. 3. Multiple fans operated in series or parallel as the functional equivalent of a single fan that have a combined motor nameplate horsepower of 5 hp (3.7 kW) or less or with a fan system electrical input power of 4.1 kW or less. 4. Fans that are part of equipment covered in Section C403.3.2. 5. Fans included in an equipment package certified by an approved agency for air or energy performance. 6. Ceiling fans, which are defined as nonportable devices suspended from a ceiling or overhead structure for circulating air via the rotation of the blades. 7. Fans used for moving gases at temperatures above 425°F (250°C). 8. Fans used for operation in explosive atmospheres. 9. Reversible fans used for tunnel ventilation. 10. Fans that are intended to operate only during emergency conditions. 11. Fans outside the scope of AMCA 208. C403.8.4 Fractional hp fan motors. Motors for fans that are not less than 1/12 hp (0.062 kW) and less than 1 hp (0.746 kW) shall be electronically commutated motors or shall have a minimum motor efficiency of 70 percent, rated in accordance with DOE 10 CFR 431. These motors shall have the means to adjust motor speed for either balancing or remote control. The use of belt-driven fans to sheave adjustments for airflow balancing instead of a varying motor speed shall be permitted. Exceptions: The following motors are not required to comply with this section 1. Motors in the airstream within fan coils and terminal units that only provide heating to the space served. 2. Motors in space-conditioning equipment that comply with Section C403.3.2 or Sections C403.8.1. through C403.8.3. 3. Motors that comply with Section C405.8. C403.8.5 Low-capacity ventilation fans. Mechanical ventilation system fans with motors less than 1/12 hp (0.062 kW) in capacity shall meet the efficacy requirements of Table C403.8.5 at one or more rating points. Exceptions: 1. Where ventilation fans are a component of a listed heating or cooling appliance. 2. Dryer exhaust duct power ventilators, domestic range hoods and domestic range booster fans that operate intermittently. TABLE C403.8.5 LOW-CAPACITY VENTILATION FAN EFFICACYa FAN LOCATION AIRFLOW RATE MINIMUM (CFM) MINIMUM EFFICACY (CFM/WATT) AIRFLOW RATE MAXIMUM (CFM) HRV or ERV Any 1.2 cfm/watt Any In-line fan Any 3.8 cfm/watt Any Bathroom, utility room 10 2.8 cfm/watt < 90 Bathroom, utility room 90 3.5 cfm/watt Any For SI: 1 cfm/ft = 47.82 W. 1. Airflow shall be tested in accordance with HVI 916 and listed. Efficacy shall be listed or shall be derived from listed power and airflow. Fan efficacy for fully ducted HRV, ERV, balanced and in- line fans shall be determined at a static pressure not less than 0.2 inch w.c. Fan efficacy for ducted range hoods, bathroom and utility room fans shall be determined at a static pressure not less than 0.1 inch w.c. C403.8.6 Fan control. Controls shall be provided for fans in accordance with Section C403.8.6.1 and as required for specific systems provided in Section C403. C403.8.6.1 Fan airflow control. Each cooling system listed in Table C403.8.6.1 shall be designed to vary the indoor fan airflow as a function of load and shall comply with the following requirements: 1. Direct expansion (DX) and chilled water cooling units that control the capacity of the mechanical cooling directly based on space temperature shall have not fewer than two stages of fan control. Low or minimum speed shall not be greater than 66 percent of full speed. At low or minimum speed, the fan system shall draw not more than 40 percent of the fan power at full fan speed. Low or minimum speed shall be used during periods of low cooling load and ventilation-only operation. 2. Other units including DX cooling units and chilled water units that control the space temperature by modulating the airflow to the space shall have modulating fan control. Minimum speed shall be not greater than 50 percent of full speed. At minimum speed the fan system shall draw not more than 30 percent of the power at full fan speed. Low or minimum speed shall be used during periods of low cooling load and ventilation-only operation. 3. Units that include an air-side economizer in accordance with Section C403.5 shall have not fewer than two speeds of fan control during economizer operation. Exceptions: 1. Modulating fan control is not required for chilled water and evaporative cooling units with fan motors of less than 1 hp (0.746 kW) where the units are not used to provide ventilation air and the indoor fan cycles with the load. 2. Where the volume of outdoor air required to comply with the ventilation requirements of the International Mechanical Code at low speed exceeds the air that would be delivered at the speed defined in Section C403.8.6, the minimum speed shall be selected to provide the required ventilation air. TABLE C403.8.6.1 COOLING SYSTEMS COOLING SYSTEM TYPE FAN MOTOR SIZE MECHANICAL COOLING CAPACITY DX cooling Any ≥ 65,000 Btu/h Chilled water and evaporative cooling ≥ 1/4 hp Any For SI: 1 British thermal unit per hour = 0.2931 W; 1 hp = 0.746 kW. C403.9 Large-diameter ceiling fans. Where provided, large-diameter ceiling fans shall be tested and labeled in accordance with AMCA 230. C403.10 Heat rejection equipment. Heat rejection equipment, including air-cooled condensers, dry coolers, opencircuit cooling towers, closed-circuit cooling towers and evaporative condensers, shall comply with this section. Exception: Heat rejection devices where energy usage is included in the equipment efficiency ratings listed in Tables C403.3.2(6) and C403.3.2(7). C403.10.1 Fan speed control. Each fan system powered by an individual motor or array of motors with connected power, including the motor service factor, totaling 5 hp (3.7 kW) or more shall have controls and devices configured to automatically modulate the fan speed to control the leaving fluid temperature or condensing temperature and pressure of the heat rejection device. Fan motor power input shall be not more than 30 percent of design wattage at 50 percent of the design airflow. Exceptions: 1. Fans serving multiple refrigerant or fluid cooling circuits. 2. Condenser fans serving flooded condensers. C403.10.2 Multiple-cell heat rejection equipment. Multiple-cell heat rejection equipment with variable speed fan drives shall be controlled to operate the maximum number of fans allowed that comply with the manufacturer’s requirements for all system components and so that all fans operate at the same fan speed required for the instantaneous cooling duty, as opposed to staged on and off operation. The minimum fan speed shall be the minimum allowable speed of the fan drive system in accordance with the manufacturer’s recommendations. C403.10.3 Limitation on centrifugal fan open-circuit cooling towers. Centrifugal fan open-circuit cooling towers with a combined rated capacity of 1,100 gpm (4164 L/m) or greater at 95°F (35°C) condenser water return, 85°F (29°C) condenser water supply, and 75°F (24°C) outdoor air wet-bulb temperature shall meet the energy efficiency requirement for axial fan open-circuit cooling towers listed in Table C403.3.2(8). Exception: Centrifugal open-circuit cooling towers that are designed with inlet or discharge ducts or require external sound attenuation. C403.10.4 Tower flow turndown. Open-circuit cooling towers used on water-cooled chiller systems that are configured with multiple- or variable-speed condenser water pumps shall be designed so that all open-circuit cooling tower cells can be run in parallel with the larger of the flow that is produced by the smallest pump at its minimum expected flow rate or at 50 percent of the design flow for the cell. C403.10.5 Heat recovery for service water heating. Condenser heat recovery shall be installed for heating or reheating of service hot water provided that the facility operates 24 hours a day, the total installed heat capacity of water-cooled systems exceeds 6,000,000 Btu/hr (1758 kW) of heat rejection, and the design service water heating load exceeds 1,000,000 Btu/h (293 kW). The required heat recovery system shall have the capacity to provide the smaller of the following: 1. Sixty percent of the peak heat rejection load at design conditions. 2. The preheating required to raise the peak service hot water draw to 85°F (29°C). Exceptions: 1. Facilities that employ condenser heat recovery for space heating or reheat purposes with a heat recovery design exceeding 30 percent of the peak water-cooled condenser load at design conditions. 2. Facilities that provide 60 percent of their service water heating from site solar or site recovered energy or from other sources. C403.11 Refrigeration equipment performance. Refrigeration equipment performance shall be determined in accordance with Sections C403.11.1 and C403.11.2 for commercial refrigerators, freezers, refrigerator-freezers, walk-in coolers, walk-in freezers and refrigeration equipment. The energy use shall be verified through certification under an approved certification program or, where a certification program does not exist, the energy use shall be supported by data furnished by the equipment manufacturer. Exception: Walk-in coolers and walk-in freezers regulated under federal law in accordance with Subpart R of DOE 10 CFR 431. C403.11.1 Commercial refrigerators, refrigerator-freezers and refrigeration. Refrigeration equipment, defined in DOE 10 CFR Part 431.62, shall have an energy use in kWh/day not greater than the values of Table C403.11.1 when tested and rated in accordance with AHRI Standard 1200. C403.11.2 Walk-in coolers and walk-in freezers. Walk-in cooler and walk-in freezer refrigeration systems, except for walk- in process cooling refrigeration systems as defined in DOE 10 CFR 431.302, shall meet the requirements of Tables C403.11.2.1(1), C403.11.2.1(2), and C403.11.2.1(3). C403.11.2.1 Performance standards. Walk-in coolers and walk-in freezers shall meet the requirements of Tables C403.11.2.1(1), C403.11.2.1(2) and C403.11.2.1(3). TABLE C403.11.2.1(1) WALK-IN COOLER AND FREEZER DISPLAY DOOR EFFICIENCY REQUIREMENTSa TABLE C403.11.2.1(2) WALK-IN COOLER AND FREEZER NONDISPLAY DOOR EFFICIENCY REQUIREMENTSa TABLE C403.11.2.1(3) WALK-IN COOLER AND FREEZER REFRIGERATION SYSTEM EFFICIENCY REQUIREMENTS TABLE C403.11.1 MINIMUM EFFICIENCY REQUIREMENTS: COMMERCIAL REFRIGERATORS AND FREEZERS AND REFRIGERATION (continued) TABLE C403.11.1—continued MINIMUM EFFICIENCY REQUIREMENTS: COMMERCIAL REFRIGERATORS AND FREEZERS AND REFRIGERATION For SI: 1 square foot = 0.0929 m2, 1 cubic foot = 0.02832 m3, °C = (°F – 32)/1.8. a. The meaning of the letters in this column is indicated in the columns to the left. b. Ice cream freezer is defined in DOE 10 CFR 431.62 as a commercial freezer that is designed to operate at or below -5 °F and that the manufacturer designs, markets or intends for the storing, displaying or dispensing of ice cream. c. Equipment class designations consist of a combination [in sequential order separated by periods (AAA).(BB).(C)] of the following: • (AAA)—An equipment family code (VOP = vertical open, SVO = semivertical open, HZO = horizontal open, VCT = vertical closed transparent doors, VCS = vertical closed solid doors, HCT = horizontal closed transparent doors, HCS = horizontal closed solid doors, and SOC = service over counter); • (BB)—An operating mode code (RC = remote condensing and SC = self-contained); and • (C)—A rating temperature code [M = medium temperature (38°F), L = low temperature (0°F), or I = ice cream temperature (-15°F)]. • For example, “VOP.RC.M” refers to the “vertical open, remote condensing, medium temperature” equipment class. d. V is the volume of the case (ft3) as measured in AHRI 1200, Appendix C. e. TDA is the total display area of the case (ft2) as measured in AHRI 1200, Appendix D. C403.11.3 Refrigeration systems. Refrigerated display cases, walk-in coolers or walk-in freezers that are served by remote compressors and remote condensers not located in a condensing unit, shall comply with Sections C403.11.3.1 and C403.11.3.2. Exception: Systems where the working fluid in the refrigeration cycle goes through both subcritical and super-critical states (transcritical) or that use ammonia refrigerant are exempt. C403.11.3.1 Condensers serving refrigeration systems. Fan-powered condensers shall comply with the following: 1. The design saturated condensing temperatures for air-cooled condensers shall not exceed the design dry-bulb temperature plus 10°F (5.6°C) for low-temperature refrigeration systems, and the design dry-bulb temperature plus 15°F (8°C) for medium temperature refrigeration systems where the saturated condensing temperature for blend refrigerants shall be determined using the average of liquid and vapor temperatures as converted from the condenser drain pressure. 2. Condenser fan motors that are less than 1 hp (0.75 kW) shall use electronically commutated motors, permanent split-capacitor-type motors or 3-phase motors. 3. Condenser fans for air-cooled condensers, evaporatively cooled condensers, air or watercooled fluid coolers or cooling towers shall reduce fan motor demand to not more than 30 percent of design wattage at 50 percent of design air volume, and incorporate one of the following continuous variable speed fan control approaches: 3.1. Refrigeration system condenser control for air-cooled condensers shall use variable setpoint control logic to reset the condensing temperature setpoint in response to ambient dry-bulb temperature. 3.2. Refrigeration system condenser control for evaporatively cooled condensers shall use variable setpoint control logic to reset the condensing temperature setpoint in response to ambient wetbulb temperature. 4. Multiple fan condensers shall be controlled in unison. 5. The minimum condensing temperature setpoint shall be not greater than 70°F (21°C). C403.11.3.2 Compressor systems. Refrigeration compressor systems shall comply with the following: 1. Compressors and multiple-compressor system suction groups shall include control systems that use floating suction pressure control logic to reset the target suction pressure temperature based on the temperature requirements of the attached refrigeration display cases or walk-ins. Exception: Controls are not required for the following: 1. Single-compressor systems that do not have variable capacity capability. 2. Suction groups that have a design saturated suction temperature of 30°F (-1.1°C) or higher, suction groups that comprise the high stage of a two-stage or cascade system, or suction groups that primarily serve chillers for secondary cooling fluids. 2. Liquid subcooling shall be provided for all low temperature compressor systems with a design cooling capacity equal to or greater than 100,000 Btu (29.3 kW) with a design-saturated suction temperature of -10°F (-23°C) or lower. The sub-cooled liquid temperature shall be controlled at a maximum temperature setpoint of 50°F (10°C) at the exit of the subcooler using either compressor economizer (interstage) ports or a separate compressor suction group operating at a saturated suction temperature of 18°F (-7.8°C) or higher. 2.1. Insulation for liquid lines with a fluid operating temperature less than 60°F (15.6°C) shall comply with Table C403.11.3. 3. Compressors that incorporate internal or external crankcase heaters shall provide a means to cycle the heaters off during compressor operation. C403.12 Construction of HVAC system elements. Ducts, plenums, piping and other elements that are part of an HVAC system shall be constructed and insulated in accordance with Sections C403.12.1 through C403.12.3.1. C403.12.1 Duct and plenum insulation and sealing. Supply and return air ducts and plenums shall be insulated with not less than R-8 insulation where located in unconditioned spaces and where located outside the building with not less than R-8 insulation in Climate Zones 0 through 4 and not less than R-12 insulation in Climate Zones 5 through 8. Ducts located underground beneath buildings shall be insulated as required in this section or have an equivalent thermal distribution efficiency. Underground ducts utilizing the thermal distribution efficiency method shall be listed and labeled to indicate the R-value equivalency. Where located within a building envelope assembly, the duct or plenum shall be separated from the building exterior or unconditioned or exempt spaces by not less than R-8 insulation in Climate Zones 0 through 4 and not less than R-12 insulation in Climate Zones 5 through 8. Exceptions: 1. Where located within equipment. 2. Where the design temperature difference between the interior and exterior of the duct or plenum is not greater than 15°F (8°C). Ducts, air handlers and filter boxes shall be sealed. Joints and seams shall comply with Section 603.9 of the International Mechanical Code. C403.12.2 Duct construction. Ductwork shall be constructed and erected in accordance with the International Mechanical Code. C403.12.2.1 Low-pressure duct systems. Longitudinal and transverse joints, seams and connections of supply and return ducts operating at a static pressure less than or equal to 2 inches water gauge (w.g.) (498 Pa) shall be securely fastened and sealed with welds, gaskets, mastics (adhesives), mas-tic-plus-embedded fabric systems or tapes installed in accordance with the manufacturer’s instructions. Pressure classifications specific to the duct system shall be clearly indicated on the construction documents in accordance with the International Mechanical Code. Exception: Locking-type longitudinal joints and seams, other than the snap-lock and button-lock types, need not be sealed as specified in this section. C403.12.2.2 Medium-pressure duct systems. Ducts and plenums designed to operate at a static pressure greater than 2 inches water gauge (w.g.) (498 Pa) but less than 3 inches w.g. (747 Pa) shall be insulated and sealed in accordance with Section C403.12.1. Pressure classifications specific to the duct system shall be clearly indicated on the construction documents in accordance with the International Mechanical Code. C403.12.2.3 High-pressure duct systems. Ducts and plenums designed to operate at static pressures equal to or greater than 3 inches water gauge (747 Pa) shall be insulated and sealed in accordance with Section C403.12.1. In addition, ducts and plenums shall be leak tested in accordance with the SMACNA HVAC Air Duct Leakage Test Manual and shown to have a rate of air leakage (CL) less than or equal to 4.0 as determined in accordance with Equation 4-8. CL = F/P0.65 (Equation 4-8) where: F = The measured leakage rate in cfm per 100 square feet (9.3 m2) of duct surface. P = The static pressure of the test. Documentation shall be furnished demonstrating that representative sections totaling not less than 25 percent of the duct area have been tested and that all tested sections comply with the requirements of this section. C403.12.3 Piping insulation. Piping serving as part of a heating or cooling system shall be thermally insulated in accordance with Table C403.12.3. Exceptions: 1. Factory-installed piping within HVAC equipment tested and rated in accordance with a test procedure referenced by this code. 2. Factory-installed piping within room fan-coils and unit ventilators tested and rated according to AHRI 440 (except that the sampling and variation provisions of Section 6.5 shall not apply) and AHRI 840, respectively. 3. Piping that conveys fluids that have a design operating temperature range between 60°F (15°C) and 105°F (41°C). 4. Piping that conveys fluids that have not been heated or cooled through the use of fossil fuels or electric power. 5. Strainers, control valves, and balancing valves associated with piping 1 inch (25 mm) or less in diameter. 6. Direct buried piping that conveys fluids at or below 60°F (15°C). 7. In radiant heating systems, sections of piping intended by design to radiate heat. C403.12.3.1 Protection of piping insulation. Piping insulation exposed to the weather shall be protected from damage, including that caused by sunlight, moisture, equipment maintenance and wind, and shall provide shielding from solar radiation that can cause degradation of the material. Adhesive tape shall not be permitted. C403.13 Mechanical systems located outside of the building thermal envelope. Mechanical systems providing heat or cooling outside of the thermal envelope of a building shall comply with Sections C403.13.1 through C403.13.3. C403.13.1 Heating outside a building. Systems installed to provide heat outside a building the building thermal envelope 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. Controls shall be configured to allow the system to operate for four hours maximum per day C403.13.2 Cooling outside a building. Systems installed to provide cooling outside the building thermal envelope shall be prohibited. C403.13.3 Snow- and ice-melt systems. Snow- and ice-melting systems shall comply with C403.13.3.1 through C403.13.3.3. C403.13.3.1 Snow- and ice-melt systems Controls. Snow- and ice-melting systems shall include automatic controls configured to shut off the system when the pavement temperature of the snow melted surface is above 50°F (10°C) 40°F (4°C) and precipitation is not falling, and an automatic or manual control that is configured to shut off when the outdoor temperature is above 40°F (4°C). Exception: Heat mats controlled by a factory installed thermostat configured to energize the mat when the outdoor temperature is less than 35°F maximum and configured to deenergize the mat when the outdoor temperature is greater than 50°F maximum. C403.13.3.2 Insulation. Minimum R-10 insulation shall be installed under the snow melted surface. Exceptions: 1. Integrated pedestal system products over conditioned space or on above grade decks with minimum R-4 integral insulation plus minimum R-6 insulation under the air space. 2. Heat mats C403.13.3.3 Equipment. Electric resistance and heat pump heaters are permitted. Where condensing boilers are used, the boiler supply water temperature shall be 130°F maximum to allow for efficient boiler operation. C403.13.4 Roof and gutter deicing controls. Roof and gutter deicing systems, including but not limited to self-regulating cable, shall include automatic controls that are configured to shut off the system when the outdoor temperature is above 40°F (4°C) and that include one of the following: 1. A moisture sensor configured to shut off the system in the absence of moisture, or 2. A daylight sensor or other means configured to shut off the system between sunset and sunrise. C403.13.5 Freeze protection system controls. Freeze protection systems, such as heat tracing of outdoor piping and heat exchangers, including self-regulating heat tracing, shall include automatic controls configured to shut off the systems when outdoor air temperatures are above 40°F (4°C) or when the conditions of the protected fluid will prevent freezing. TABLE C403.12.3 MINIMUM PIPE INSULATION THICKNESS (in inches)a, c FLUID OPERATING TEMPERATURE RANGE AND USAGE (°F) INSULATION CONDUCTIVITY NOMINAL PIPE OR TUBE SIZE (inches) Conductivity Btu × in./(h × ft2 × °F)b Mean Rating Temperature, °F < 1 1 to < 11/2 11/2 to < 4 4 to < 8 > 8 > 350 0.32–0.34 250 4.5 5.0 5.0 5.0 5.0 251–350 0.29–0.32 200 3.0 4.0 4.5 4.5 4.5 201–250 0.27–0.30 150 2.5 2.5 2.5 3.0 3.0 141–200 0.25–0.29 125 1.5 1.5 2.0 2.0 2.0 105–140 0.21–0.28 100 1.0 1.0 1.5 1.5 1.5 40–60 0.21–0.27 75 0.5 0.5 1.0 1.0 1.0 < 40 0.20–0.26 50 0.5 1.0 1.0 1.0 1.5 For SI: 1 inch = 25.4 mm, °C = [(°F) – 32]/1.8. a. For piping smaller than 11/2 inches and located in partitions within conditioned spaces, reduction of these thicknesses by 1 inch shall be permitted (before thickness adjustment required in Note b) but not to a thickness less than 1 inch. b. For insulation outside the stated conductivity range, the minimum thickness (T) shall be determined as follows: T = r[(1 + t/r)K/k – 1] where: T = Minimum insulation thickness. r = Actual outside radius of pipe. t = Insulation thickness listed in the table for applicable fluid temperature and pipe size. K = Conductivity of alternate material at mean rating temperature indicated for the applicable fluid temperature (Btu × in/h × ft2 × °F). k = The upper value of the conductivity range listed in the table for the applicable fluid temperature. c. For direct-buried heating and hot water system piping, reduction of these thicknesses by 11/2 inches (38 mm) shall be permitted (before thickness adjustment required in Note b but not to thicknesses less than 1 inch. C403.14 Operable opening interlocking controls. The heating and cooling systems shall have controls that will interlock these mechanical systems to the set temperatures of 90ºF (32ºC) for cooling and 55ºF (12.7ºC) for heating when the conditions of Section C402.5.8 exist. The controls shall configure to shut off the systems entirely when the outdoor temperatures are below 90ºF (32ºC) or above 55ºF (12.7ºC). SECTION C404 SERVICE WATER HEATING C404.1 General. This section covers the minimum efficiency of, and controls for, service water-heating equipment and insulation of service hot water piping. C404.2 Service water-heating equipment performance efficiency. Water-heating equipment and hot water storage tanks shall meet the requirements of Table C404.2. The efficiency shall be verified through data furnished by the manufacturer of the equipment or through certification under an approved certification program. Water-heating equipment intended to be used to provide space heating shall meet the applicable provisions of Table C404.2. C404.2.1 High input service water-heating systems. Gas-fired water-heating equipment installed in new buildings shall be in compliance with this section. Where a singular piece of water-heating equipment serves the entire building and the input rating of the equipment is 1,000,000 Btu/h (293 kW) or greater, such equipment shall have a thermal efficiency, Et, of not less than 92 percent. Where multiple pieces of water-heating equipment serve the building and the combined input rating of the water-heating equipment is 1,000,000 Btu/h (293 kW) or greater, the combined input- capacity-weighted-average thermal efficiency, Et, shall be not less than 90 percent. Exceptions: 1. Where not less than 25 percent of the annual service water-heating requirement is provided by on-site renewable energy or site-recovered energy, the minimum thermal efficiency requirements of this section shall not apply. 2. The input rating of water heaters installed in individual dwelling units shall not be required to be included in the total input rating of service water-heating equipment for a building. 3. The input rating of water heaters with an input rating of not greater than 100,000 Btu/h (29.3 kW) shall not be required to be included in the total input rating of service water-heating equipment for a building. TABLE C404.2 MINIMUM PERFORMANCE OF WATER-HEATING EQUIPMENT EQUIPMENT TYPE SIZE CATEGORY (input) SUBCATEGORY OR RATING CONDITION PERFORMANCE REQUIREDa, b TEST PROCEDURE Water heaters, electric ≤ 12 kWd Tabletope, ≥ 20 gallons and ≤ 120 gallons 0.93 – 0.00132V, EF DOE 10 CFR Part 430 Resistance ≥ 20 gallons and ≤ 55 gallons 0.960 – 0.0003V, EF Grid-enabledf > 75 gallons and ≤ 120 gallons 1.061 – 0.00168V, EF > 12 kW Resistance (0.3 + 27/Vm), %/h ANSI Z21.10.3 ≤ 24 amps and ≤ 250 volts Heat pump > 55 gallons and ≤ 120 gallons 2.057 – 0.00113V, EF DOE 10 CFR Part 430 Storage water heaters, gas ≤ 75,000 Btu/h ≥ 20 gallons and > 55 gallons 0.675 – 0.0015V, EF DOE 10 CFR Part 430 > 55 gallons and ≤ 100 gallons 0.8012 – 0.00078V, EF > 75,000 Btu/h and ≤ 155,000 Btu/h < 4,000 Btu/h/gal 80% Et (Q/800 + 110 V)SL, Btu/h ANSI Z21.10.3 > 155,000 Btu/h < 4,000 Btu/h/gal 80% Et (Q/800 + 110 V)SL, Btu/h Instantaneous water heaters, gas > 50,000 Btu/h and < 200,000 Btu/hc ≥ 4,000 Btu/h/gal and < 2 gal 0.82 – 0.00 19V, EF DOE 10 CFR Part 430 ≥ 200,000 Btu/h ≥ 4,000 Btu/h/gal and < 10 gal 80% Et ANSI Z21.10.3 ≥ 200,000 Btu/h ≥ 4,000 Btu/h/gal and ≥ 10 gal 80% Et (Q/800 + 110 V)SL, Btu/h Storage water heaters, oil ≤ 105,000 Btu/h ≥ 20 gal and ≤ 50 gallons 0.68 – 0.0019V, EF DOE 10 CFR Part 430 ≥ 105,000 Btu/h < 4,000 Btu/h/gal 80% Et (Q/800 + 110 V)SL, Btu/h ANSI Z21.10.3 Instantaneous water heaters, oil ≤ 210,000 Btu/h ≥ 4,000 Btu/h/gal and < 2 gal 0.59 – 0.0019V, EF DOE 10 CFR Part 430 > 210,000 Btu/h ≥ 4,000 Btu/h/gal and < 10 gal 80% Et ANSI Z21.10.3 > 210,000 Btu/h ≥ 4,000 Btu/h/gal and ≥ 10 gal 78% Et (Q/800 + 110 V)SL, Btu/h Hot water supply boilers, gas and oil ≥ 300,000 Btu/h and < 12,500,000 Btu/h ≥ 4,000 Btu/h/gal and < 10 gal 80% Et ANSI Z21.10.3 Hot water supply boilers, gas ≥ 300,000 Btu/h and < 12,500,000 Btu/h ≥ 4,000 Btu/h/gal and ≥ 10 gal 80% Et (Q/800 + 110 V)SL, Btu/h Hot water supply boilers, oil > 300,000 Btu/h and < 12,500,000 Btu/h > 4,000 Btu/h/gal and > 10 gal 78% Et (Q/800 + 110 V)SL, Btu/h Pool heaters, gas and oil All — 82% Et ASHRAE 146 Heat pump pool heaters All — 4.0 COP AHRI 1160 Unfired storage tanks All — Minimum insulation requirement R-12.5 (h × ft2 × °F)/Btu (none) (continued) TABLE C404.2—continued MINIMUM PERFORMANCE OF WATER-HEATING EQUIPMENT For SI: 1 foot = 304.8 mm, 1 square foot = 0.0929 m2, °C = [(°F) – 32]/1.8, 1 British thermal unit per hour = 0.2931 W, 1 gallon = 3.785 L, 1 British thermal unit per hour per gallon = 0.078 W/L. a. Energy factor (EF) and thermal efficiency (Et) are minimum requirements. In the EF equation, V is the rated volume in gallons. b. Standby loss (SL) is the maximum Btu/h based on a nominal 70°F temperature difference between stored water and ambient requirements. In the SL equation, Q is the nameplate input rate in Btu/h. In the equations for electric water heaters, V is the rated volume in gallons and Vm is the measured volume in gallons. In the SL equation for oil and gas water heaters and boilers, V is the rated volume in gallons. c. Instantaneous water heaters with input rates below 200,000 Btu/h shall comply with these requirements where the water heater is designed to heat water to temperatures 180°F or higher. d. Electric water heaters with an input rating of 12 kW (40,950 Btu/h) or less that are designed to heat water to temperatures of 180°F or greater shall comply with the requirements for electric water heaters that have an input rating greater than 12 kW (40,950 Btu/h). e A tabletop water heater is a water heater that is enclosed in a rectangular cabinet with a flat top surface not more than 3 feet in height. f. A grid-enabled water heater is an electric-resistance water heater that meets all of the following: 1. Has a rated storage tank volume of more than 75 gallons. 2. Was manufactured on or after April 16, 2015. 3. Is equipped at the point of manufacture with an activation lock. 4. Bears a permanent label applied by the manufacturer that complies with all of the following: 4.1. Is made of material not adversely affected by water. 4.2. Is attached by means of nonwater-soluble adhesive. 4.3. Advises purchasers and end users of the intended and appropriate use of the product with the following notice printed in 16.5 point Arial Narrow Bold font: “IMPORTANT INFORMATION: This water heater is intended only for use as part of an electric thermal storage or demand response program. It will not provide adequate hot water unless enrolled in such a program and activated by your utility company or another program operator. Confirm the availability of a program in your local area before purchasing or installing this product.” C404.3 Heat traps for hot water storage tanks. Storage tank-type water heaters and hot water storage tanks that have vertical water pipes connecting to the inlet and outlet of the tank shall be provided with integral heat traps at those inlets and outlets or shall have pipe-configured heat traps in the piping connected to those inlets and outlets. Tank inlets and outlets associated with solar water heating system circulation loops shall not be required to have heat traps. C404.4 Insulation of piping. Piping from a water heater to the termination of the heated water fixture supply pipe shall be insulated in accordance with Table C403.12.3. On both the inlet and outlet piping of a storage water heater or heated water storage tank, the piping to a heat trap or the first 8 feet (2438 mm) of piping, whichever is less, shall be insulated. Piping that is heat traced shall be insulated in accordance with Table C403.12.3 or the heat trace manufacturer’s instructions. Tubular pipe insulation shall be installed in accordance with the insulation manufacturer’s instructions. Pipe insulation shall be continuous except where the piping passes through a framing member. The minimum insulation thickness requirements of this section shall not supersede any greater insulation thickness requirements necessary for the protection of piping from freezing temperatures or the protection of personnel against external surface temperatures on the insulation. Exception: Tubular pipe insulation shall not be required on the following: 1. The tubing from the connection at the termination of the fixture supply piping to a plumbing fixture or plumbing appliance. 2. Valves, pumps, strainers and threaded unions in piping that is 1 inch (25 mm) or less in nominal diameter. 3. Piping from user-controlled shower and bath mixing valves to the water outlets. 4. Cold-water piping of a demand recirculation water system. 5. Tubing from a hot drinking-water heating unit to the water outlet. 6. Piping at locations where a vertical support of the piping is installed. 7. Piping surrounded by building insulation with a thermal resistance (R-value) of not less than R-3. C404.5 Heated water supply piping. Heated water supply piping shall be in accordance with Section C404.5.1 or C404.5.2. The flow rate through 1/4-inch (6.4 mm) piping shall be not greater than 0.5 gpm (1.9 L/m). The flow rate through 5/16-inch (7.9 mm) piping shall be not greater than 1 gpm (3.8 L/m). The flow rate through 3/8-inch (9.5 mm) piping shall be not greater than 1.5 gpm (5.7 L/m). C404.5.1 Maximum allowable pipe length method. The maximum allowable piping length from the nearest source of heated water to the termination of the fixture supply pipe shall be in accordance with the following. Where the piping contains more than one size of pipe, the largest size of pipe within the piping shall be used for determining the maximum allowable length of the piping in Table C404.5.1. 1. For a public lavatory faucet, use the “Public lavatory faucets” column in Table C404.5.1. 2. For all other plumbing fixtures and plumbing appliances, use the “Other fixtures and appliances” column in Table C404.5.1. TABLE C404.5.1 PIPING VOLUME AND MAXIMUM PIPING LENGTHS NOMINAL PIPE SIZE (inches) VOLUME (liquid ounces per foot length) MAXIMUM PIPING LENGTH (feet) Public lavatory faucets Other fixtures and appliances 1/4 0.33 6 50 5/16 0.5 4 50 3/8 0.75 3 50 1/2 1.5 2 43 5/8 2 1 32 3/4 3 0.5 21 7/8 4 0.5 16 1 5 0.5 13 11/4 8 0.5 8 11/2 11 0.5 6 2 or larger 18 0.5 4 For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm, 1 liquid ounce = 0.030 L, 1 gallon = 128 ounces. C404.5.2 Maximum allowable pipe volume method. The water volume in the piping shall be calculated in accordance with Section C404.5.2.1. Water heaters, circulating water systems and heat trace temperature maintenance systems shall be considered to be sources of heated water. The volume from the nearest source of heated water to the termination of the fixture supply pipe shall be as follows: 1. For a public lavatory faucet: not more than 2 ounces (0.06 L). 2. For other plumbing fixtures or plumbing appliances; not more than 0.5 gallon (1.89 L). C404.5.2.1 Water volume determination. The volume shall be the sum of the internal volumes of pipe, fittings, valves, meters and manifolds between the nearest source of heated water and the termination of the fixture supply pipe. The volume in the piping shall be determined from the “Volume” column in Table C404.5.1 or from Table C404.5.2.1. The volume contained within fixture shutoff valves, within flexible water supply connectors to a fixture fitting and within a fixture fitting shall not be included in the water volume determination. Where heated water is supplied by a recirculating system or heat-traced piping, the volume shall include the portion of the fitting on the branch pipe that supplies water to the fixture. C404.6 Heated-water circulating and temperature maintenance systems. Heated-water circulation systems shall be in accordance with Section C404.6.1. Heat trace temperature maintenance systems shall be in accordance with Section C404.6.2. Controls for hot water storage shall be in accordance with Section C404.6.3. Automatic controls, temperature sensors and pumps shall be in a location with access. Manual controls shall be in a location with ready access. C404.6.1 Circulation systems. Heated-water circulation systems shall be provided with a circulation pump. The system return pipe shall be a dedicated return pipe or a cold water supply pipe. Gravity and thermo-syphon circulation systems shall be prohibited. Controls for circulating hot water system pumps shall automatically turn off the pump when the water in the circulation loop is at the desired temperature and when there is not a demand for hot water. The controls shall limit the temperature of the water entering the cold water piping to not greater than 104ºF (40°C). C404.6.1.1 Demand recirculation controls. Demand recirculation water systems shall have controls that start the pump upon receiving a signal from the action of a user of a fixture or appliance, sensing the presence of a user of a fixture, or sensing the flow of hot or tempered water to a fixture fitting or appliance. C404.6.2 Heat trace systems. Electric heat trace systems shall comply with IEEE 515.1. Controls for such systems shall be able to automatically adjust the energy input to the heat tracing to maintain the desired water temperature in the piping in accordance with the times when heated water is used in the occupancy. Heat trace shall be arranged to be turned off automatically when there is not a demand for hot water. C404.6.3 Controls for hot water storage. The controls on pumps that circulate water between a water heater and a heated-water storage tank shall limit operation of the pump from heating cycle startup to not greater than 5 minutes after the end of the cycle. TABLE C404.5.2.1 INTERNAL VOLUME OF VARIOUS WATER DISTRIBUTION TUBING OUNCES OF WATER PER FOOT OF TUBE Nominal Size (inches) Copper Type M Copper Type L Copper Type K CPVC CTS SDR 11 CPVC SCH 40 CPVC SCH 80 PE-RT SDR 9 Composite ASTM F1281 PEX CTS SDR 9 3/8 1.06 0.97 0.84 N/A 1.17 — 0.64 0.63 0.64 1/2 1.69 1.55 1.45 1.25 1.89 1.46 1.18 1.31 1.18 3/4 3.43 3.22 2.90 2.67 3.38 2.74 2.35 3.39 2.35 1 5.81 5.49 5.17 4.43 5.53 4.57 3.91 5.56 3.91 11/4 8.70 8.36 8.09 6.61 9.66 8.24 5.81 8.49 5.81 11/2 12.18 11.83 11.45 9.22 13.20 11.38 8.09 13.88 8.09 2 21.08 20.58 20.04 15.79 21.88 19.11 13.86 21.48 13.86 For SI: 1 foot = 304.8 mm, 1 inch = 25.4 mm, 1 liquid ounce = 0.030 L, 1 oz/ft2 = 305.15 g/m2. N/A = Not Available. C404.7 Drain water heat recovery units. Drain water heat recovery units shall comply with CSA B55.2. Potable waterside pressure loss shall be less than 10 psi (69 kPa) at maxi- mum design flow. For Group R occupancies, the efficiency of drain water heat recovery unit efficiency shall be in accordance with CSA B55.1. C404.8 Energy consumption of pools and permanent spas. The energy consumption of pools and permanent spas shall be controlled by the requirements in of APSP 15 and Sections C404.8.1 through C404.8.4. C404.8.1 Heaters. The electric power to all heaters shall be controlled by an on-off switch that is an integral part of the heater, mounted on the exterior of the heater, or external to and within 3 feet (914 mm) of the heater in a location with ready access. Operation of such switch shall not change the setting of the heater thermostat. Such switches shall be in addition to a circuit breaker for the power to the heater. Gas-fired heaters shall not be equipped with continuously burning ignition pilots. C404.8.2 Time switches. Time switches or other control methods shall be installed for heaters and pump motors that are configured to can automatically turn off and on and/or vary speed of heaters and pump motors according to a preset schedule to save energy use shall be installed for heaters and pump motors. Heaters and pump motors that have built-in time switches shall be in compliance with this section. Exceptions: 1. Where public health standards require 24-hour pump operation. 2. Pumps that operate solar and waste-heat recovery pool heating systems. C404.8.3 Covers. Outdoor heated pools and outdoor permanent spas shall be provided with a vapor-retardant cover with minimum insulation value of R-2.or other approved vapor-retardant means. Exception: Where more than 75 percent of the energy for heating, computed over an operating season of not fewer than 3 calendar months, is from a heat pump or an on-site renewable energy system, covers or other vapor-retardant means shall not be required. C404.8.4 Insulation. Swimming pools and permanent spas shall have insulation on the sides and bottom surfaces located on the exterior. The type of insulation shall be impermeable and impervious to water logging or saturation and unaffected by water, mold, mildew, and have capability to resist compression. The insulation value shall be a minimum of R-15. C404.9 Portable spas. The energy consumption of electric powered portable spas shall be controlled by the requirements of APSP 14. C409.1 Covers. Portable spas shall be provided with a cover with a minimum insulation value of R-12. SECTION C405 ELECTRICAL POWER AND LIGHTING SYSTEMS C405.1 General. Electrical power, lighting, generation, and storage systems Lighting system controls, the maximum lighting power for interior and exterior applications, and electrical energy consumption shall comply with this section. Sleeping units shall comply with Section C405.2.4 and with either Section C405.1.1 or C405.3. General lighting shall consist of all lighting included when calculating the total connected interior lighting power in accordance with Section C405.3.1 and which does not require specific application controls in accordance with Section C405.2.4. Transformers, uninterruptable power supplies, motors and electrical power processing equipment in data center systems shall comply with Section 8 of ASHRAE 90.4 in addition to this code. C405.1.1 Lighting for dwelling units. No less than 90 percent of the Permanently installed lighting serving sleeping units and dwelling units, excluding kitchen appliance lighting, shall be provided by lamps with an efficacy of not less than 65 lm/W or luminaires with an efficacy of not less than 45 lm/W, or shall comply with Sections C405.2.5 and C405.3. C405.2 Lighting controls. Lighting systems shall be provided with controls that comply with one of the following. 1. Lighting controls as specified in Sections C405.2.1 through C405.2.7. 2. Luminaire level lighting controls (LLLC) and lighting controls as specified in Sections C405.2.1, C405.2.5 and C405.2.6. The LLLC luminaire shall be independently capable of: 2.1. Monitoring occupant activity to brighten or dim lighting when occupied or unoccupied, respectively. 2.2. Monitoring ambient light, both electric light and daylight, and brighten or dim artificial light to maintain desired light level. 2.3. For each control strategy, configuration and reconfiguration of performance parameters including; bright and dim setpoints, timeouts, dimming fade rates, sensor sensitivity adjustments, and wireless zoning configurations. Exceptions: Lighting controls are not required for the following: 1. Areas designated as security or emergency areas that are required to be continuously lighted. 2. Interior exit stairways, interior exit ramps and exit passageways. 3. Emergency egress lighting that is normally off. C405.2.1 Occupant sensor controls. Occupant sensor controls shall be installed to control lights in the following space types: 1. Classrooms/lecture/training rooms. 2. Conference/meeting/multipurpose rooms. 3. Copy/print rooms. 4. Lounges/breakrooms. 5. Enclosed offices. 6. Open plan office areas. 7. Restrooms. 8. Storage rooms. 9. Locker rooms. 10. Corridors. 11. Warehouse storage areas. 12. Other spaces 300 square feet (28 m2) or less that are enclosed by floor-to-ceiling height partitions. Exception: Luminaires that are required to have specific application controls in accordance with Section C405.2.5. C405.2.1.1 Occupant sensor control function. Occupant sensor controls in warehouses shall comply with Section C405.2.1.2. Occupant sensor controls in open plan office areas shall comply with Section C405.2.1.3. Occupant sensor controls in corridors shall comply with Section C405.2.1.4. Occupant sensor controls for all other spaces specified in Section C405.2.1 shall comply with the following: 1. They shall automatically turn off lights within 20 minutes after all occupants have left the space. 2. They shall be manual on or controlled to automatically turn on the lighting to not more than 50-percent power. 3. They shall incorporate a manual control to allow occupants to turn off lights. Exception: Full automatic-on controls with no manual control shall be permitted in corridors, interior parking areas, stairways, restrooms, locker rooms, lobbies, library stacks and areas where manual operation would endanger occupant safety or security. C405.2.1.2 Occupant sensor control function in warehouse storage areas. Lighting in warehouse storage areas shall be controlled as follows: 1. Lighting in each aisleway shall be controlled independently of lighting in all other aisleways and open areas. 2. Occupant sensors shall automatically reduce lighting power within each controlled area to an occupied setpoint of not more than 50 percent within 20 minutes after all occupants have left the controlled area. 3. Lights that are not turned off by occupant sensors shall be turned off by time-switch control complying with Section C405.2.2.1. 4. A manual control shall be provided to allow occupants to turn off lights in the space. C405.2.1.3 Occupant sensor control function in open plan office areas. Occupant sensor controls in open plan office spaces less than 300 square feet (28 m2) in area shall comply with Section C405.2.1.1. Occupant sensor controls in all other open plan office spaces shall comply with all of the following: 1. The controls shall be configured so that general lighting can be controlled separately in control zones with floor areas not greater than 600 square feet (55 m2) within the open plan office space. 2. General lighting in each control zone shall be permitted to automatically turn on upon occupancy within the control zone. General lighting in other unoccupied zones within the open plan office space shall be permitted to turn on to not more than 20 percent of full power or remain unaffected. 3. The controls shall automatically turn off general lighting in all control zones within 20 minutes after all occupants have left the open plan office space. Exception: Where general lighting is turned off by time-switch control complying with Section C405.2.2.1. 4. General lighting in each control zone shall turn off or uniformly reduce lighting power to an unoccupied setpoint of not more than 20 percent of full power within 20 minutes after all occupants have left the control zone. C405.2.1.4 Occupant sensor control function in corridors. Occupant sensor controls in corridors shall uniformly reduce lighting power to not more than 50 percent of full power within 20 minutes after all occupants have left the space. Exception: Corridors provided with less than two footcandles of illumination on the floor at the darkest point with all lights on. C405.2.2 Time-switch controls. Each area of the building that is not provided with occupant sensor controls complying with Section C405.2.1.1 shall be provided with time-switch controls complying with Section C405.2.2.1. Exceptions: 1. Luminaires that are required to have specific application controls in accordance with Section C405.2.4. 2. Spaces where patient care is directly provided. 3. Spaces where an automatic shutoff would endanger occupant safety or security. 4. Lighting intended for continuous operation. 5. Shop and laboratory classrooms. C405.2.2.1 Time-switch control function. Time- switch controls shall comply with all of the following: 1. Automatically turn off lights when the space is scheduled to be unoccupied. 2. Have a minimum 7-day clock. 3. Be capable of being set for seven different day types per week. 4. Incorporate an automatic holiday “shutoff” feature, which turns off all controlled lighting loads for not fewer than 24 hours and then resumes normally scheduled operations. 5. Have program backup capabilities, which prevent the loss of program and time settings for not fewer than 10 hours, if power is interrupted. 6. Include an override switch that complies with the following: 6.1. The override switch shall be a manual control. 6.2. The override switch, when initiated, shall permit the controlled lighting to remain on for not more than 2 hours. 6.3. Any individual override switch shall control the lighting for an area not larger than 5,000 square feet (465 m2). Exception: Within mall concourses, auditoriums, sales areas, manufacturing facilities and sports arenas: 1. The time limit shall be permitted to be greater than 2 hours, provided that the switch is a captive key device. 2. The area controlled by the override switch shall not be limited to 5,000 square feet (465 m2) provided that such area is less than 20,000 square feet (1860 m2). C405.2.3 Light-reduction controls. Where not provided with occupant sensor controls complying with Section C405.2.1.1, general lighting shall be provided with light- reduction controls complying with Section C405.2.3.1. Exceptions: 1. Luminaires controlled by daylight responsive controls complying with Section C405.2.4. 2. Luminaires controlled by special application controls complying with Section C405.2.5. 3. Where provided with manual control, the following areas are not required to have light-reduction control: 3.1. Spaces that have only one luminaire with a rated power of less than 60 watts. 3.2. Spaces that use less than 0.45 watts per square foot (4.9 W/m²). 3.3. Corridors, lobbies, electrical rooms and/or mechanical rooms. C405.2.3.1 Light-reduction control function. Spaces required to have light-reduction controls shall have a manual control that allows the occupant to reduce the connected lighting load by not less than 50 percent in a reasonably uniform illumination pattern with an inter-mediate step in addition to full on or off, or with continuous dimming control, using one of the following or another approved method: 1. Continuous dimming of all luminaires from full output to less than 20 percent of full power. 2. Switching all luminaires to a reduced output of not less than 30 percent and not more than 70 percent of full power. 3. Switching alternate luminaires or alternate rows of luminaires to achieve a reduced output of not less than 30 percent and not more than 70 percent of full power. C405.2.4 Daylight-responsive controls. Daylight-responsive controls complying with Section C405.2.4.1 shall be provided to control the general lighting within daylight zones in the following spaces: 1. Spaces with a total of more than 150 watts of general lighting within primary sidelit daylight zones complying with Section C405.2.4.2. 2. Spaces with a total of more than 300 watts of general lighting within sidelit daylight zones complying with Section C405.2.4.2. 3. Spaces with a total of more than 150 watts of general lighting within toplit daylight zones complying with Section C405.2.4.3. Exceptions: Daylight responsive controls are not required for the following: 1. Spaces in health care facilities where patient care is directly provided. 2. Sidelit daylight zones on the first floor above grade in Group A-2 and Group M occupancies. 3. New buildings where the total connected lighting power calculated in accordance with Section C405.3.1 is not greater than the adjusted interior lighting power allowance (LPAadj) calculated in accordance with Equation 4-9. LPAadj = [LPAnorm × (1.0 - 0.4 × UDZFA / TBFA)] (Equation 4-9) where: LPAadj = Adjusted building interior lighting power allowance in watts. LPAnorm = Normal building lighting power allowance in watts calculated in accordance with Section C405.3.2 and reduced in accordance with Section C406.3 where Option 2 of Section C406.1 is used to comply with the requirements of Section C406. UDZFA = Uncontrolled daylight zone floor area is the sum of all sidelit and toplit zones, calculated in accordance with Sections C405.2.4.2 and C405.2.4.3, that do not have daylight responsive controls. TBFA = Total building floor area is the sum of all floor areas included in the lighting power allowance calculation in Section C405.3.2. C405.2.4.1 Daylight-responsive control function. Where required, daylight-responsive controls shall be provided within each space for control of lights in that space and shall comply with all of the following: 1. Lights in toplit daylight zones in accordance with Section C405.2.4.3 shall be controlled independently of lights in sidelit daylight zones in accordance with Section C405.2.4.2. 2. Lights in the primary sidelit daylight zone shall be controlled independently of lights in the secondary sidelit daylight zone. 3. Daylight responsive controls within each space shall be configured so that they can be calibrated from within that space by authorized personnel. 4. Calibration mechanisms shall be in a location with ready access. 5. Daylight responsive controls shall dim lights continuously from full light output to 15 percent of full light output or lower. 6. Daylight responsive controls shall be configured to completely shut off all controlled lights. 7. When occupant sensor controls have reduced the lighting power to an unoccupied setpoint in accordance with Sections C405.2.1.2 through C405.2.1.4, daylight responsive controls shall continue to adjust electric light levels in response to available daylight, but shall be configured to not increase the lighting power above the specified unoccupied setpoint. 8. Lights in sidelit daylight zones in accordance with Section C405.2.4.2 facing different cardi- nal orientations [within 45 degrees (0.79 rad) of due north, east, south, west] shall be controlled independently of each other. Exceptions: 1. Within each space, up to 150 watts of lighting within the primary sidelit daylight zone is permitted to be controlled together with lighting in a primary sidelit daylight zone facing a different cardinal orientation. 2. Within each space, up to 150 watts of lighting within the secondary sidelit daylight zone is permitted to be controlled together with lighting in a secondary sidelit daylight zone facing a different cardinal orientation. C405.2.4.2 Sidelit daylight zone. The sidelit daylight zone is the floor area adjacent to vertical fenestration that complies with all of the following: 1. Where the fenestration is located in a wall, the sidelit daylight zone shall extend laterally to the nearest full-height wall, or up to 1.0 times the height from the floor to the top of the fenestration, and longitudinally from the edge of the fenestration to the nearest full-height wall, or up to 0.5 times the height from the floor to the top of the fenestration, whichever is less, as indicated in Figure C405.2.4.2(1). 2. Where the fenestration is located in a rooftop monitor, the sidelit daylight zone shall extend laterally to the nearest obstruction that is taller than 0.7 times the ceiling height, or up to 1.0 times the height from the floor to the bottom of the fenestration, whichever is less, and longitudinally from the edge of the fenestration to the nearest obstruction that is taller than 0.7 times the ceiling height, or up to 0.25 times the height from the floor to the bottom of the fenestration, whichever is less, as indicated in Figures C405.2.4.2(2) and C405.2.4.2(3). 3. The secondary sidelit daylight zone is directly adjacent to the primary sidelit daylight zone and shall extend laterally to 2.0 times the height from the floor to the top of the fenestration or to the nearest full height wall, whichever is less, and longitudinally from the edge of the fenestration to the nearest full height wall, or up to 2 feet, whichever is less, as indicated in Figure C405.2.4.2(1). The area of secondary sidelit zones shall not be considered in the calculation of the daylight zones in Section C402.4.1.1. 4. The area of the fenestration is not less than 24 square feet (2.23 m2). 5. The distance from the fenestration to any building or geological formation that would block access to daylight is greater than one-half of the height from the bottom of the fenestration to the top of the building or geologic formation. 6. The visible transmittance of the fenestration is not less than 0.20. 7. The projection factor (determined in accordance with Equation 4-5) for any overhanging projection that is shading the fenestration is not greater than 1.0 for fenestration oriented 45 degrees or less from true north and not greater than 1.5 for all other orientations. FIGURE C405.2.4.2(1) PRIMARY AND SECONDARY SIDELIT DAYLIGHT ZONES FIGURE C405.2.4.2(2) DAYLIGHT ZONE UNDER A ROOFTOP MONITOR FIGURE C405.2.4.2(3) DAYLIGHT ZONE UNDER A SLOPED ROOFTOP MONITOR C405.2.4.3 Toplit daylight zone. The toplit daylight zone is the floor area underneath a roof fenestration assembly that complies with all of the following: 1. The toplit daylight zone shall extend laterally and longitudinally beyond the edge of the roof fenestration assembly to the nearest obstruction that is taller than 0.7 times the ceiling height, or up to 0.7 times the ceiling height, whichever is less, as indicated in Figure C405.2.4.3. 2. Direct sunlight is not blocked from hitting the roof fenestration assembly at the peak solar angle on the summer solstice by buildings or geological formations. 3. The product of the visible transmittance of the roof fenestration assembly and the area of the rough opening of the roof fenestration assembly divided by the area of the toplit zone is not less than 0.008. C405.2.4.4 Atriums. Daylight zones at atrium spaces shall be established at the top floor surrounding the atrium and at the floor of the atrium space, and not on intermediate floors, as indicated in Figure C405.2.4.4. FIGURE C405.2.4.3 TOPLIT DAYLIGHT ZONE C405.2.4.4 DAYLIGHT ZONES AT A MULTISTORY ATRIUM C405.2.5 Specific application controls. Specific application controls shall be provided for the following: 1. The following lighting shall be controlled by an occupant sensor complying with Section C405.2.1.1 or a time- switch control complying with Section C405.2.2.1. In addition, a manual control shall be provided to control such lighting separately from the general lighting in the space: 1.1. Luminaires for which additional lighting power is claimed in accordance with Section C405.3.2.2.1. 1.2. Display and accent. 1.3. Lighting in display cases. 1.4. Supplemental task lighting, including permanently installed under-shelf or under-cabinet lighting. 1.5. Lighting equipment that is for sale or demonstration in lighting education. 1.6. Display lighting for exhibits in galleries, museums and monuments that is in addition to general lighting. 2. Sleeping units shall have control devices or systems that are configured to automatically switch off all permanently installed luminaires and switched receptacles within 20 minutes after all occupants have left the unit. Exceptions: 1. Lighting and switched receptacles controlled by card key controls. 2. Spaces where patient care is directly provided. 3. Permanently installed luminaires within dwelling units shall be provided with controls complying with Section C405.2.1.1 or C405.2.3.1. 4. Lighting for nonvisual applications, such as plant growth and food warming, shall be controlled by a time switch control complying with Section C405.2.2.1 that is independent of the controls for other lighting within the room or space. 5. Task lighting for medical and dental purposes that is in addition to general lighting shall be provided with a manual control. C405.2.6 Manual controls. Where required by this code, manual controls for lights shall comply with the following: 1. They shall be in a location with ready access to occupants. 2. They shall be located where the controlled lights are visible, or shall identify the area served by the lights and indicate their status. C405.2.7 Exterior lighting controls. Exterior lighting systems shall be provided with controls that comply with Sections C405.2.7.1 through C405.2.7.4. Exceptions: 1. Lighting for covered vehicle entrances and exits from buildings and parking structures where required for eye adaptation. 2. Lighting controlled from within dwelling units. C405.2.7.1 Daylight shutoff. Lights shall be automatically turned off when daylight is present and satisfies the lighting needs. C405.2.7.2 Building facade and landscape lighting. Building facade and landscape lighting shall automati- cally shut off from not later than 1 hour after business closing to not earlier than 1 hour before business opening. C405.2.7.3 Lighting setback. Lighting that is not controlled in accordance with Section C405.2.7.2 shall comply with the following: 1. Be controlled so that the total wattage of such lighting is automatically reduced by not less than 50 percent by selectively switching off or dimming luminaires at one of the following times: 1.1. From not later than midnight to not earlier than 6 a.m. 1.2. From not later than one hour after busi- ness closing to not earlier than one hour before business opening. 1.3. During any time where activity has not been detected for 15 minutes or more. 2. Luminaires serving outdoor parking areas and having a rated input wattage of greater than 78 watts and a mounting height of 24 feet (7315 mm) or less above the ground shall be controlled so that the total wattage of such lighting is automatically reduced by not less than 50 percent during any time where activity has not been detected for 15 minutes or more. Not more than 1,500 watts of lighting power shall be controlled together. C405.2.7.4 Exterior time-switch control function. Time-switch controls for exterior lighting shall comply with the following: 1. They shall have a clock capable of being programmed for not fewer than 7 days. 2. They shall be capable of being set for seven different day types per week. 3. They shall incorporate an automatic holiday setback feature. 4. They shall have program backup capabilities that prevent the loss of program and time settings for a period of not less than 10 hours in the event that power is interrupted. C405.2.8 Parking garage lighting control. Parking garage lighting shall be controlled by an occupant sensor complying with Section C405.2.1.1 or a time-switch control complying with Section C405.2.2.1. Additional lighting controls shall be provided as follows: 1. Lighting power of each luminaire shall be automatically reduced by not less than 30 percent when there is no activity detected within a lighting zone for 20 minutes. Lighting zones for this requirement shall be not larger than 3,600 square feet (334.5 m2). Exception: Lighting zones provided with less than 1.5 footcandles of illumination on the floor at the darkest point with all lights on are not required to have automatic light-reduction controls. 2. Where lighting for eye adaptation is provided at covered vehicle entrances and exits from buildings and parking structures, such lighting shall be separately controlled by a device that automatically reduces lighting power by at least 50 percent from sunset to sunrise. 3. The power to luminaires within 20 feet (6096 mm) of perimeter wall openings shall automatically reduce in response to daylight by at least 50 percent. Exceptions: 1. Where the opening-to-wall ratio is less than 40 percent as viewed from the interior and encompassing the vertical distance from the driving surface to the lowest structural element. 2. Where the distance from the opening to any exterior daylight blocking obstruction is less than one-half the height from the bottom of the opening or fenestration to the top of the obstruction. 3. Where openings are obstructed by permanent screens or architectural elements restricting daylight entering the interior space. C405.3 Interior lighting power requirements. A building complies with this section where its total connected interior lighting power calculated under Section C405.3.1 is not greater than the interior lighting power allowance calculated under Section C405.3.2. C405.3.1 Total connected interior lighting power. The total connected interior lighting power shall be determined in accordance with Equation 4-10. TCLP = [LVL + BLL + LED + TRK + Other] (Equation 4-10) where: TCLP = Total connected lighting power (watts). LVL = For luminaires with lamps connected directly to building power, such as line voltage lamps, the rated wattage of the lamp. BLL = For luminaires incorporating a ballast or transformer, the rated input wattage of the ballast or transformer when operating that lamp. LED = For light-emitting diode luminaires with either integral or remote drivers, the rated wattage of the luminaire. TRK = For lighting track, cable conductor, rail conductor, and plug-in busway systems that allow the addition and relocation of luminaires without rewiring, the wattage shall be one of the following: 1. The specified wattage of the luminaires, but not less than 8 W per linear foot (25 W/lin m). 2. The wattage limit of the permanent current-limiting devices protecting the system. 3. The wattage limit of the transformer supplying the system. Other = The wattage of all other luminaires and lighting sources not covered previously and associated with interior lighting verified by data supplied by the manufacturer or other approved sources. The connected power associated with the following lighting equipment and applications is not included in calculating total connected lighting power. 1. Television broadcast lighting for playing areas in sports arenas. 2. Emergency lighting automatically off during normal building operation. 3. Lighting in spaces specifically designed for use by occupants with special lighting needs, including those with visual impairment and other medical and age-related issues. 4. Casino gaming areas. 5. Mirror lighting in dressing rooms. 6. Task lighting for medical and dental purposes that is in addition to general lighting. 7. Display lighting for exhibits in galleries, museums and monuments that is in addition to general lighting. 8. Lighting for theatrical purposes, including performance, stage, film production and video production. 9. Lighting for photographic processes. 10. Lighting integral to equipment or instrumentation and installed by the manufacturer. 11. Task lighting for plant growth or maintenance. 12. Advertising signage or directional signage. 13. Lighting for food warming. 14. Lighting equipment that is for sale. 15. Lighting demonstration equipment in lighting education facilities. 16. Lighting approved because of safety considerations. 17. Lighting in retail display windows, provided that the display area is enclosed by ceiling-height partitions. 18. Furniture-mounted supplemental task lighting that is controlled by automatic shutoff. 19. Exit signs. 20. Antimicrobial lighting used for the sole purpose of disinfecting a space. C405.3.2 Interior lighting power allowance. The total interior lighting power allowance (watts) for an entire building shall be determined according to Table C405.3.2(1) using the Building Area Method or Table C405.3.2(2) using the Space-by-Space Method. The inte- rior lighting power allowance for projects that involve only portions of a building shall be determined according to Table C405.3.2(2) using the Space-by-Space Method. Buildings with unfinished spaces shall use the Space-by- Space Method. TABLE C405.3.2(1) INTERIOR LIGHTING POWER ALLOWANCES: BUILDING AREA METHOD BUILDING AREA TYPE LPD (watts/ft2) Automotive facility 0.75 Convention center 0.64 Courthouse 0.79 Dining: bar lounge/leisure 0.80 Dining: cafeteria/fast food 0.76 Dining: family 0.71 Dormitorya, b 0.53 Exercise center 0.72 Fire stationa 0.56 Gymnasium 0.76 Health care clinic 0.81 Hospitala 0.96 Hotel/Motela, b 0.56 Library 0.83 Manufacturing facility 0.82 Motion picture theater 0.44 Multiple-familyc 0.45 Museum 0.55 Office 0.64 (continued) TABLE C405.3.2(1)—continued INTERIOR LIGHTING POWER ALLOWANCES: BUILDING AREA METHOD BUILDING AREA TYPE LPD (watts/ft2) Parking garage 0.18 Penitentiary 0.69 Performing arts theater 0.84 Police station 0.66 Post office 0.65 Religious building 0.67 Retail 0.84 School/university 0.72 Sports arena 0.76 Town hall 0.69 Transportation 0.50 Warehouse 0.45 Workshop 0.91 For SI: 1 watt per square foot = 10.76 w/m2. a. Where sleeping units are excluded from lighting power calculations by application of Section R404.1, neither the area of the sleeping units nor the wattage of lighting in the sleeping units is counted. b. Where dwelling units are excluded from lighting power calculations by application of Section R404.1, neither the area of the dwelling units nor the wattage of lighting in the dwelling units is counted. c. Dwelling units are excluded. Neither the area of the dwelling units nor the wattage of lighting in the dwelling units is counted. TABLE C405.3.2(2) INTERIOR LIGHTING POWER ALLOWANCES: SPACE-BY-SPACE METHOD COMMON SPACE TYPESa LPD (watts/ft²) Atrium Less than 40 feet in height 0.48 Greater than 40 feet in height 0.60 Audience seating area In an auditorium 0.61 In a gymnasium 0.23 In a motion picture theater 0.27 In a penitentiary 0.67 In a performing arts theater 1.16 In a religious building 0.72 In a sports arena 0.33 Otherwise 0.33 Banking activity area 0.61 Breakroom (See Lounge/breakroom) Classroom/lecture hall/training room In a penitentiary 0.89 Otherwise 0.71 Computer room, data center 0.94 Conference/meeting/multipurpose room 0.97 Copy/print room 0.31 (continued) TABLE C405.3.2(2)—continued INTERIOR LIGHTING POWER ALLOWANCES: SPACE-BY-SPACE METHOD (continued) TABLE C405.3.2(2)—continued INTERIOR LIGHTING POWER ALLOWANCES: SPACE-BY-SPACE METHOD COMMON SPACE TYPESa LPD (watts/ft²) Seating area, general 0.23 Stairwell 0.49 Storage room 0.38 Vehicular maintenance area 0.60 Workshop 1.26 BUILDING TYPE SPECIFIC SPACE TYPESa LPD (watts/ ft²) Automotive (see Vehicular maintenance area) Convention Center—exhibit space 0.61 Dormitory—living quartersc, d 0.50 Facility for the visually impairedb In a chapel (and not used primarily by the staff) 0.70 In a recreation room (and not used primarily by the staff) 1.77 Fire Station—sleeping quartersc 0.23 Gymnasium/fitness center In an exercise area 0.90 In a playing area 0.85 Healthcare facility In an exam/treatment room 1.40 In an imaging room 0.94 In a medical supply room 0.62 In a nursery 0.92 In a nurse’s station 1.17 In an operating room 2.26 In a patient roomc 0.68 In a physical therapy room 0.91 In a recovery room 1.25 Library In a reading area 0.96 In the stacks 1.18 Manufacturing facility In a detailed manufacturing area 0.80 In an equipment room 0.76 In an extra-high-bay area (greater than 50 feet floor-to-ceiling height) 1.42 In a high-bay area (25–50 feet floor-to- ceiling height) 1.24 In a low-bay area (less than 25 feet floor-to-ceiling height) 0.86 Museum In a general exhibition area 0.31 In a restoration room 1.10 Performing arts theater—dressing room 0.41 Post office—sorting area 0.76 (continued) TABLE C405.3.2(2)—continued INTERIOR LIGHTING POWER ALLOWANCES: SPACE-BY-SPACE METHOD COMMON SPACE TYPESa LPD (watts/ft²) Religious buildings In a fellowship hall 0.54 In a worship/pulpit/choir area 0.85 Retail facilities In a dressing/fitting room 0.51 In a mall concourse 0.82 Sports arena—playing area For a Class I facilitye 2.94 For a Class II facilityf 2.01 For a Class III facilityg 1.30 For a Class IV facilityh 0.86 Transportation facility At a terminal ticket counter 0.51 In a baggage/carousel area 0.39 In an airport concourse 0.25 Warehouse—storage area For medium to bulky, palletized items 0.33 For smaller, hand-carried items 0.69 For SI: 1 foot = 304.8 mm, 1 watt per square foot = 10.76 w/m2. a. In cases where both a common space type and a building area specific space type are listed, the building area specific space type shall apply. b. A ‘Facility for the Visually Impaired’ is a facility that is licensed or will be licensed by local or state authorities for senior long-term care, adult daycare, senior support or people with special visual needs. c. Where sleeping units are excluded from lighting power calculations by application of Section R404.1, neither the area of the sleeping units nor the wattage of lighting in the sleeping units is counted. d. Where dwelling units are excluded from lighting power calculations by application of Section R404.1, neither the area of the dwelling units nor the wattage of lighting in the dwelling units is counted. e. Class I facilities consist of professional facilities; and semiprofessional, collegiate, or club facilities with seating for 5,000 or more spectators. f. Class II facilities consist of collegiate and semiprofessional facilities with seating for fewer than 5,000 spectators; club facilities with seating for between 2,000 and 5,000 spectators; and amateur league and high school facilities with seating for more than 2,000 spectators. g. Class III facilities consist of club, amateur league and high school facili- ties with seating for 2,000 or fewer spectators. h. Class IV facilities consist of elementary school and recreational facilities; and amateur league and high school facilities without provision for spectators. C405.3.2.1 Building Area Method. For the Building Area Method, the interior lighting power allowance is calculated as follows: 1. For each building area type inside the building, determine the applicable building area type and the allowed lighting power density for that type from Table C405.3.2(1). For building area types not listed, select the building area type that most closely represents the use of that area. For the purposes of this method, an “area” shall be defined as all contiguous spaces that accommodate or are associated with a single building area type. 2. Determine the floor area for each building area type listed in Table C405.3.2(1) and multiply this area by the applicable value from Table C405.3.2(1) to determine the lighting power (watts) for each building area type. 3. The total interior lighting power allowance (watts) for the entire building is the sum of the lighting power from each building area type. C405.3.2.2 Space-by-Space Method. Where a build- ing has unfinished spaces, the lighting power allowance for the unfinished spaces shall be the total connected lighting power for those spaces, or 0.2 watts per square foot (10.76 w/m2), whichever is less. For the Space-by-Space Method, the interior lighting power allowance is calculated as follows: 1. For each space enclosed by partitions that are not less than 80 percent of the ceiling height, determine the applicable space type from Table C405.3.2(2). For space types not listed, select the space type that most closely represents the proposed use of the space. Where a space has multiple functions, that space may be divided into separate spaces. 2. Determine the total floor area of all the spaces of each space type and multiply by the value for the space type in Table C405.3.2(2) to deter- mine the lighting power (watts) for each space type. 3. The total interior lighting power allowance (watts) shall be the sum of the lighting power allowances for all space types. C405.3.2.2.1 Additional interior lighting power. Where using the Space-by-Space Method, an increase in the interior lighting power allowance is permitted for specific lighting functions. Additional power shall be permitted only where the specified lighting is installed and controlled in accordance with Section C405.2.4. This additional power shall be used only for the specified luminaires and shall not be used for any other purpose. An increase in the interior lighting power allowance is permitted in the following cases: 1. For lighting equipment to be installed in sales areas specifically to highlight merchandise, the additional lighting power shall be determined in accordance with Equation 4-11. Additional interior lighting power allowance = 1000 W + (Retail Area 1 × 0.45 W/ft2) + (Retail Area 2 × 0.45W/ft2) + (Retail Area 3 × 1.05 W/ft2) + (Retail Area 4 × 1.87 W/ft2) For SI units: Additional interior lighting power allowance = 1000 W + (Retail Area 1 × 4.8 W/m2) + (Retail Area 2 × 4.84 W/m2) + (Retail Area 3 × 11 W/m2) + (Retail Area 4 × 20 W/m2) (Equation 4-11) where: Retail Area 1 = The floor area for all products not listed in Retail Area 2, 3 or 4. Retail Area 2 = The floor area used for the sale of vehicles, sporting goods and small electronics. Retail Area 3 = The floor area used for the sale of furniture, clothing, cosmetics and artwork. Retail Area 4 = The floor area used for the sale of jewelry, crystal and china. Exception: Other merchandise categories are permitted to be included in Retail Areas 2 through 4, provided that justification documenting the need for additional lighting power based on visual inspection, contrast or other critical display is approved by the code official. 2. For spaces in which lighting is specified to be installed in addition to the general lighting for the purpose of decorative appearance or for highlighting art or exhibits, provided that the additional lighting power shall be not more than 0.9 W/ft2 (9.7 W/m2) in lobbies and not more than 0.75 W/ft2 (8.1 W/m2) in other spaces. C405.4 Lighting for plant growth and maintenance. Not less than 95 percent of the permanently installed luminaires used for plant growth and maintenance shall have a photon efficiency of not less than 1.6 μmol/J as defined in accordance with ANSI/ASABE S640. C405.5 Exterior lighting power requirements. The total connected exterior lighting power calculated in accordance with Section C405.5.1 shall be not greater than the exterior lighting power allowance calculated in accordance with Section C405.5.2. C405.5.1 Total connected exterior building exterior lighting power. The total exterior connected lighting power shall be the total maximum rated wattage of all lighting that is powered through the energy service for the building. Exception: Lighting used for the following applications shall not be included. 1. Lighting approved because of safety considerations. 2. Emergency lighting automatically off during normal business operation. 3. Exit signs. 4. Specialized signal, directional and marker lighting associated with transportation. 5. Advertising signage or directional signage. 6. Integral to equipment or instrumentation and installed by its manufacturer. 7. Theatrical purposes, including performance, stage, film production and video production. 8. Athletic playing areas. 9. Temporary lighting. 10. Industrial production, material handling, transportation sites and associated storage areas. 11. Theme elements in theme/amusement parks. 12. Used to highlight features of art, public monuments and the national flag. 13. Lighting for water features and swimming pools. 14. Lighting controlled from within dwelling units, where the lighting complies with Section R404.1. C405.5.2 Exterior lighting power allowance. The exterior lighting power allowance (watts) is calculated as follows: 1. Determine the Lighting Zone (LZ) for the building according to Table C405.5.2(1), unless otherwise specified by the code official. 2. For each exterior area that is to be illuminated by lighting that is powered through the energy service for the building, determine the applicable area type from Table C405.5.2(2). For area types not listed, select the area type that most closely represents the proposed use of the area. 3. Determine the total area or length of each area type and multiply by the value for the area type in Table C405.5.2(2) to determine the lighting power (watts) allowed for each area type. 4. The total exterior lighting power allowance (watts) is the sum of the base site allowance deter- mined according to Table C405.5.2(2), plus the watts from each area type. TABLE C405.5.2(1) EXTERIOR LIGHTING ZONES LIGHTING ZONE DESCRIPTION 1 Developed areas of national parks, state parks, forest land, and rural areas 2 Areas predominantly consisting of residential zoning, neighborhood business districts, light industrial with limited nighttime use and residential mixed-use areas 3 All other areas not classified as lighting zone 1, 2 or 4 4 High-activity commercial districts in major metropolitan areas as designated by the local land use planning authority TABLE C405.5.2(2) LIGHTING POWER ALLOWANCES FOR BUILDING EXTERIORS LIGHTING ZONES Zone 1 Zone 2 Zone 3 Zone 4 Base Site Allowance 350 W 400 W 500 W 900 W Uncovered Parking Areas Parking areas and drives 0.03 W/ft2 0.04 W/ft2 0.06 W/ft2 0.08 W/ft2 Building Grounds Walkways and ramps less than 10 feet wide 0.50 W/linear foot 0.50 W/linear foot 0.60 W/linear foot 0.70 W/linear foot Walkways and ramps 10 feet wide or greater, plaza areas, special feature areas 0.10 W/ft2 0.10 W/ft2 0.11 W/ft2 0.14 W/ft2 Dining areas 0.65 W/ft2 0.65 W/ft2 0.75 W/ft2 0.95 W/ft2 Stairways 0.60 W/ft2 0.70 W/ft2 0.70 W/ft2 0.70 W/ft2 Pedestrian tunnels 0.12 W/ft2 0.12 W/ft2 0.14 W/ft2 0.21 W/ft2 Landscaping 0.03 W/ft2 0.04 W/ft2 0.04 W/ft2 0.04 W/ft2 Building Entrances and Exits Pedestrian and vehicular entrances and exits W/linear foot of opening W/linear foot of opening W/linear foot of opening W/linear foot of opening Entry canopies 0.20 W/ft2 0.25 W/ft2 0.40 W/ft2 0.40 W/ft2 Loading docks 0.35 W/ft2 0.35 W/ft2 0.35 W/ft2 0.35 W/ft2 Sales Canopies Free-standing and attached 0.40 W/ft2 0.40 W/ft2 0.60 W/ft2 0.70 W/ft2 Outdoor Sales Open areas (including vehicle sales lots) 0.20 W/ft2 0.20 W/ft2 0.35 W/ft2 0.50 W/ft2 Street frontage for vehicle sales lots in addition to “open area” allowance No allowance 7 W/linear foot 7 W/linear foot 21 W/linear foot For SI: 1 foot = 304.8 mm, 1 watt per square foot = W/0.0929 m2. W = watts. TABLE C405.5.2(3) INDIVIDUAL LIGHTING POWER ALLOWANCES FOR BUILDING EXTERIORS LIGHTING ZONES Zone 1 Zone 2 Zone 3 Zone 4 Building facades No allowance 0.075 W/ft2 of gross above-grade wall area 0.113 W/ft2 of gross above-grade wall area 0.15 W/ft2 of gross above-grade wall area Automated teller machines (ATM) and night depositories 135 W per location plus 45 W per additional ATM per location Uncovered entrances and gate- house inspection stations at guarded facilities 0.50 W/ft2 of area Uncovered loading areas for law enforcement, fire, ambulance and other emergency service vehicles 0.35 W/ft2 of area Drive-up windows and doors 200 W per drive through Parking near 24-hour retail entrances. 400 W per main entry For SI: For SI: 1 watt per square foot = W/0.0929 m2. W = watts. C405.5.2.1 Additional exterior lighting power. Additional exterior lighting power allowances are available for the specific lighting applications listed in Table C405.5.2(3). These additional power allowances shall be used only for the luminaires serving these specific applications and shall not be used to increase any other lighting power allowance. C405.5.3 Gas lighting. Gas-fired lighting appliances shall not be permitted equipped with continuously burning pilot ignition systems. C405.6 Dwelling electrical meter. Each dwelling unit located in a Group R-2 building shall have a separate electrical meter. C405.7 Electrical transformers. Low-voltage dry-type distribution electric transformers shall meet the minimum efficiency requirements of Table C405.7 as tested and rated in accordance with the test procedure listed in DOE 10 CFR 431. The efficiency shall be verified through certification under an approved certification program or, where a certifi- cation program does not exist, the equipment efficiency ratings shall be supported by data furnished by the trans- former manufacturer. Exceptions: The following transformers are exempt: 1. Transformers that meet the Energy Policy Act of 2005 exclusions based on the DOE 10 CFR 431 definition of special purpose applications. 2. Transformers that meet the Energy Policy Act of 2005 exclusions that are not to be used in general purpose applications based on information provided in DOE 10 CFR 431. 3. Transformers that meet the Energy Policy Act of 2005 exclusions with multiple voltage taps where the highest tap is not less than 20 percent more than the lowest tap. 4. Drive transformers. 5. Rectifier transformers. 6. Auto-transformers. 7. Uninterruptible power system transformers. 8. Impedance transformers. 9. Regulating transformers. 10. Sealed and nonventilating transformers. 11. Machine tool transformers. 12. Welding transformers. 13. Grounding transformers. 14. Testing transformers. TABLE C405.7 MINIMUM NOMINAL EFFICIENCY LEVELS FOR DOE 10 CFR 431 LOW-VOLTAGE DRY-TYPE DISTRIBUTION TRANSFORMERS SINGLE-PHASE TRANSFORMERS THREE-PHASE TRANSFORMERS kVAa Efficiency (%)b kVAa Efficiency (%)b 15 97.70 15 97.89 25 98.00 30 98.23 37.5 98.20 45 98.40 50 98.30 75 98.60 75 98.50 112.5 98.74 100 98.60 150 98.83 167 98.70 225 98.94 250 98.80 300 99.02 333 98.90 500 99.14 — — 750 99.23 — — 1000 99.28 a. kiloVolt-Amp rating. b. Nominal efficiencies shall be established in accordance with the DOE 10 CFR 431 test procedure for low-voltage dry- type transformers. C405.8 Electric motors. Electric motors shall meet the minimum efficiency requirements of Tables C405.8(1) through C405.8(4) when tested and rated in accordance with the DOE 10 CFR 431. The efficiency shall be verified through certification under an approved certification program or, where a certification program does not exist, the equipment efficiency ratings shall be supported by data furnished by the motor manufacturer. Exception: The standards in this section shall not apply to the following exempt electric motors: 1. Air-over electric motors. 2. Component sets of an electric motor. 3. Liquid-cooled electric motors. 4. Submersible electric motors. 5. Inverter-only electric motors. C405.9 Vertical and horizontal transportation systems and equipment. Vertical and horizontal transportation systems and equipment shall comply with this section. C405.9.1 Elevator cabs. For the luminaires in each elevator cab, not including signals and displays, the sum of the lumens divided by the sum of the watts shall be not less than 35 lumens per watt. Ventilation fans in elevators that do not have their own air-conditioning system shall not consume more than 0.33 watts/cfm at the maximum rated speed of the fan. Controls shall be provided that will de-energize ventilation fans and lighting systems when the elevator is stopped, unoccupied and with its doors closed for over 15 minutes. C405.9.2 Escalators and moving walks. Escalators and moving walks shall comply with ASME A17.1/CSA B44 and shall have automatic controls that reduce speed as permitted in accordance with ASME A17.1/CSA B44 and applicable local code. Exception: A variable voltage drive system that reduces operating voltage in response to light loading conditions is an alternative to the reduced speed function. C405.9.2.1 Energy recovery. Escalators shall be designed to recover electrical energy when resisting overspeed in the down direction. The escalator shall be designed to recover, on average, more power than is consumed by the power recovery feature of its motor controller system. C405.10 Voltage drop. The total voltage drop across the combination of customer-owned service conductors, feeder conductors and branch circuit conductors shall not exceed 5 percent. C405.11 Automatic receptacle control. The following shall have automatic receptacle control complying with Section C405.11.1: 1. At least 50 percent of all 125V, 15- and 20-amp receptacles installed in enclosed offices, conference rooms, rooms used primarily for copy or print functions, breakrooms, classrooms and individual workstations, including those installed in modular partitions and module office workstation systems. 2. At least 25 percent of branch circuit feeders installed for modular furniture not shown on the construction documents. C405.11.1 Automatic receptacle control function. Automatic receptacle controls shall comply with the following: 1. Either split controlled receptacles shall be provided with the top receptacle controlled, or a controlled receptacle shall be located within 12 inches (304.8 mm) of each uncontrolled receptacle. 2. One of the following methods shall be used to provide control: 2.1. A scheduled basis using a time-of-day operated control device that turns receptacle power off at specific programmed times and can be programmed separately for each day of the week. The control device shall be configured to provide an independent schedule for each portion of the building of not more than 5,000 square feet (464.5 m2) and not more than one floor. The occupant shall be able to manually override an area for not more than 2 hours. Any individual override switch shall control the receptacles of not more than 5,000 feet (1524 m). 2.2. An occupant sensor control that shall turn off receptacles within 20 minutes of all occupants leaving a space. 2.3. An automated signal from another control or alarm system that shall turn off receptacles within 20 minutes after determining that the area is unoccupied. 3. All controlled receptacles shall be permanently marked in accordance with NFPA 70 and be uniformly distributed throughout the space. 4. Plug-in devices shall not comply. Exceptions: Automatic receptacle controls are not required for the following: 1. Receptacles specifically designated for equipment requiring continuous operation (24 hours per day, 365 days per year). 2. Spaces where an automatic control would endanger the safety or security of the room or building occupants. 3. Within a single modular office workstation, noncontrolled receptacles are permitted to be located more than 12 inches (304.8 mm), but not more than 72 inches (1828 mm) from the controlled receptacles serving that workstation. TABLE C405.8(1) MINIMUM NOMINAL FULL-LOAD EFFICIENCY FOR NEMA DESIGN A, NEMA DESIGN B, AND IEC DESIGN N MOTORS (EXCLUDING FIRE PUMP) ELECTRIC MOTORS AT 60 HZa, b MOTOR HORSEPOWER (STANDARD KILOWATT EQUIVALENT) NOMINAL FULL-LOAD EFFICIENCY (%) AS OF JUNE 1, 2016 2 Pole 4 Pole 6 Pole 8 Pole Enclosed Open Enclosed Open Enclosed Open Enclosed Open 1 (0.75) 77.0 77.0 85.5 85.5 82.5 82.5 75.5 75.5 1.5 (1.1) 84.0 84.0 86.5 86.5 87.5 86.5 78.5 77.0 2 (1.5) 85.5 85.5 86.5 86.5 88.5 87.5 84.0 86.5 3 (2.2) 86.5 85.5 89.5 89.5 89.5 88.5 85.5 87.5 5 (3.7) 88.5 86.5 89.5 89.5 89.5 89.5 86.5 88.5 7.5 (5.5) 89.5 88.5 91.7 91.0 91.0 90.2 86.5 89.5 10 (7.5) 90.2 89.5 91.7 91.7 91.0 91.7 89.5 90.2 15 (11) 91.0 90.2 92.4 93.0 91.7 91.7 89.5 90.2 20 (15) 91.0 91.0 93.0 93.0 91.7 92.4 90.2 91.0 25 (18.5) 91.7 91.7 93.6 93.6 93.0 93.0 90.2 91.0 30 (22) 91.7 91.7 93.6 94.1 93.0 93.6 91.7 91.7 40 (30) 92.4 92.4 94.1 94.1 94.1 94.1 91.7 91.7 50 (37) 93.0 93.0 94.5 94.5 94.1 94.1 92.4 92.4 60 (45) 93.6 93.6 95.0 95.0 94.5 94.5 92.4 93.0 75 (55) 93.6 93.6 95.4 95.0 94.5 94.5 93.6 94.1 100 (75) 94.1 93.6 95.4 95.4 95.0 95.0 93.6 94.1 125 (90) 95.0 94.1 95.4 95.4 95.0 95.0 94.1 94.1 150 (110) 95.0 94.1 95.8 95.8 95.8 95.4 94.1 94.1 200 (150) 95.4 95.0 96.2 95.8 95.8 95.4 94.5 94.1 250 (186) 95.8 95.0 96.2 95.8 95.8 95.8 95.0 95.0 300 (224) 95.8 95.4 96.2 95.8 95.8 95.8 — — 350 (261) 95.8 95.4 96.2 95.8 95.8 95.8 — — 400 (298) 95.8 95.8 96.2 95.8 — — — — 450 (336) 95.8 96.2 96.2 96.2 — — — — 500 (373) 95.8 96.2 96.2 96.2 — — — — a. Nominal efficiencies shall be established in accordance with DOE 10 CFR 431. b. For purposes of determining the required minimum nominal full-load efficiency of an electric motor that has a horsepower or kilowatt rating between two horsepower or two kilowatt ratings listed in this table, each such motor shall be deemed to have a listed horsepower or kilowatt rating, determined as follows: 1. A horsepower at or above the midpoint between the two consecutive horsepowers shall be rounded up to the higher of the two horsepowers. 2. A horsepower below the midpoint between the two consecutive horsepowers shall be rounded down to the lower of the two horsepowers. 3. A kilowatt rating shall be directly converted from kilowatts to horsepower using the formula: 1 kilowatt = (1/0.746) horsepower. The conversion should be calculated to three significant decimal places, and the resulting horsepower shall be rounded in accordance with No. 1 or No. 2 above, as applicable. TABLE C405.8(2) MINIMUM NOMINAL FULL-LOAD EFFICIENCY FOR NEMA DESIGN C AND IEC DESIGN H MOTORS AT 60 HZa, b MOTOR HORSEPOWER (STANDARD KILOWATT EQUIVALENT) NOMINAL FULL-LOAD EFFICIENCY (%) AS OF JUNE 1, 2016 4 Pole 6 Pole 8 Pole Enclosed Open Enclosed Open Enclosed Open 1 (0.75) 85.5 85.5 82.5 82.5 75.5 75.5 1.5 (1.1) 86.5 86.5 87.5 86.5 78.5 77.0 2 (1.5) 86.5 86.5 88.5 87.5 84.0 86.5 3 (2.2) 89.5 89.5 89.5 88.5 85.5 87.5 5 (3.7) 89.5 89.5 89.5 89.5 86.5 88.5 7.5 (5.5) 91.7 91.0 91.0 90.2 86.5 89.5 10 (7.5) 91.7 91.7 91.0 91.7 89.5 90.2 15 (11) 92.4 93.0 91.7 91.7 89.5 90.2 20 (15) 93.0 93.0 91.7 92.4 90.2 91.0 25 (18.5) 93.6 93.6 93.0 93.0 90.2 91.0 30 (22) 93.6 94.1 93.0 93.6 91.7 91.7 40 (30) 94.1 94.1 94.1 94.1 91.7 91.7 50 (37) 94.5 94.5 94.1 94.1 92.4 92.4 60 (45) 95.0 95.0 94.5 94.5 92.4 93.0 75 (55) 95.4 95.0 94.5 94.5 93.6 94.1 100 (75) 95.4 95.4 95.0 95.0 93.6 94.1 125 (90) 95.4 95.4 95.0 95.0 94.1 94.1 150 (110) 95.8 95.8 95.8 95.4 94.1 94.1 200 (150) 96.2 95.8 95.8 95.4 94.5 94.1 b. Nominal efficiencies shall be established in accordance with DOE 10 CFR 431. c. For purposes of determining the required minimum nominal full-load efficiency of an electric motor that has a horsepower or kilowatt rating between two horsepower or two kilowatt ratings listed in this table, each such motor shall be deemed to have a listed horsepower or kilowatt rating, determined as follows: 1. A horsepower at or above the midpoint between the two consecutive horsepowers shall be rounded up to the higher of the two horsepowers. 2. A horsepower below the midpoint between the two consecutive horsepowers shall be rounded down to the lower of the two horsepowers. 3. A kilowatt rating shall be directly converted from kilowatts to horsepower using the formula: 1 kilowatt = (1/0.746) horsepower. The conversion should be calculated to three significant decimal places, and the resulting horsepower shall be rounded in accordance with No. 1 or No. 2 above, as applicable. TABLE C405.8(3) MINIMUM AVERAGE FULL-LOAD EFFICIENCY POLYPHASE SMALL ELECTRIC MOTORSa MOTOR HORSEPOWER OPEN MOTORS Number of Poles 2 4 6 Synchronous Speed (RPM) 3600 1800 1200 0.25 — 65.6 69.5 67.5 0.33 — 69.5 73.4 71.4 0.50 — 73.4 78.2 75.3 0.75 — 76.8 81.1 81.7 1 — 77.0 83.5 82.5 1.5 — 84.0 86.5 83.8 2 — 85.5 86.5 N/A 3 — 85.5 86.9 N/A N/A = Not Applicable. a. Average full-load efficiencies shall be established in accordance with DOE 10 CFR 431. TABLE C405.8(4) MINIMUM AVERAGE FULL-LOAD EFFICIENCY FOR CAPACITOR-START CAPACITOR-RUN AND CAPACITOR-START INDUCTION-RUN SMALL ELECTRIC MOTORSa MOTOR HORSEPOWER OPEN MOTORS Number of Poles 2 4 6 Synchronous Speed (RPM) 3600 1800 1200 0.25 — 66.6 68.5 62.2 0.33 — 70.5 72.4 66.6 0.50 — 72.4 76.2 76.2 0.75 — 76.2 81.8 80.2 1 — 80.4 82.6 81.1 1.5 — 81.5 83.8 N/A 2 — 82.9 84.5 N/A 3 — 84.1 N/A N/A N/A = Not Applicable. a. Average full-load efficiencies shall be established in accordance with DOE 10 CFR 431. C405.12 Energy monitoring. New Buildings with a gross conditioned floor area of 25,000 square feet (2322 m2) or larger shall be equipped to measure, monitor, record and report energy consumption data in compliance with Sections C405.12.1 through C405.12.5. A plan for quantifying annual energy type and use disclosure in compliance with Sections C405.12.1 through C405.12.8 shall be submitted with the construction documents. Exceptions: 1. Buildings less than 10,000 5,000 square feet (929 m2). 2. Existing buildings shall not be required to comply with Sections C405.12.1 through C405.12.8. 3. R-2 occupancies with less than 10,000 square feet (929 m2) of common area. and individual tenant spaces are not required to comply with this section provided that the space has its own utility services and meters and has less than 5,000 square feet (464.5 m2) of conditioned floor area. 4. Individual tenant spaces less than 5,000 square feet (464.5 m2) with their own utility service and meter. C405.12.1 Electrical energy metering. For all electrical energy supplied to the building and its associated site, including but not limited to site lighting, parking, recreational facilities and other areas that serve the building and its occupants, meters or other measurement devices shall be provided to collect energy consumption data for each end- use category required by Section C405.12.2. C405.12.2 End-use electric metering categories. Meters or other approved measurement devices shall be provided to collect energy use data for each end-use category indicated in Table C405.12.2. Where multiple meters are used to measure any end-use category, the data acquisition system shall total all of the energy used by that category. Not more than 5 percent of the measured load for each of the end-use categories indicated in Table C405.12.2 shall be permitted to be from a load that is not within that category. Exceptions: 1. HVAC and water heating equipment serving only an individual dwelling unit shall not require end-use metering. 2. End-use metering shall not be required for fire pumps, stairwell pressurization fans or any system that operates only during testing or emergency. 3. End-use metering shall not be required for an individual tenant space having a floor area not greater than 2,500 square feet (232 m2) where a dedicated source meter complying with Section C405.12.3 is provided. TABLE C405.12.2 ELECTRICAL ENERGY USE CATEGORIES LOAD CATEGORY DESCRIPTION OF ENERGY USE Total HVAC system Heating, cooling and ventilation, including but not limited to fans, pumps, boilers, chillers and water heating. Energy used by 120-volt equipment, or by 208/120-volt equipment that is located in a building where the main service is 480/277-volt power, is permitted to be excluded from total HVAC system energy use. Interior lighting Lighting systems located within the building. Exterior lighting Lighting systems located on the building site but not within the building. Plug loads Devices, appliances and equipment connected to convenience receptacle outlets. Process load Any single load that is not included in an HVAC, lighting or plug load category and that exceeds 5 percent of the peak connected load of the whole building, including but not limited to data centers, manufacturing equipment and commercial kitchens. Electric vehicle charging Electric vehicle charging loads. Building operations and other miscellaneous loads The remaining loads not included elsewhere in this table, including but not limited to vertical transportation systems, automatic doors, motorized shading systems, ornamental fountains, ornamental fireplaces, swimming pools, in- ground spas and snow- melt systems. Electric hot water heating Electricity used to generate hot water. Exception: Electric water heating with design capacity that is less than 10 percent of building service rating Snowmelt Electricity used to melt snow Pools and permanent spas Electricity used to heat pools and permanent spas C405.12.3 Electrical Meters. Meters or other measurement devices required by this section shall be configured to automatically communicate energy consumption data to the data acquisition system required by Section C405.12.4. Source meters shall be allowed to be any digital-type meter. Lighting, HVAC or other building systems that can self- monitor their energy consumption shall be permitted instead of meters. Current sensors shall be permitted, provided that they have a tested accuracy of ±2 percent. Required metering systems and equipment shall have the capability to provide at least hourly data that is fully integrated into the data acquisition system and graphical energy report in accordance with Sections C405.12.4 and C405.12.5. Non-intrusive load monitoring (NILM) packages that extract energy consumption data from detailed electric waveform analysis can be substituted for individual meters if the equivalent data can be made available for collection in Section C405.12.4 and reporting in Section C405.12.5. C405.12.4 Electrical energy data acquisition system. A data acquisition system shall have the capability to store the data from the required meters and other sensing devices for a minimum of 36 months. The data acquisition system shall have the capability to store real-time energy consumption data and provide hourly, daily, monthly and yearly logged data for each end-use category required by Section C405.12.2. The data acquisition system shall have the capability of providing building total peak electric demand and the time(s) of day and time(s) of year at which the peak occurs. Peak demand shall be integrated over the same time period as the underlying meter reading rate, which is typically 15 minutes but shall be no longer than one hour. C405.12.5 Graphical energy report. A permanent and readily accessible reporting mechanism shall be provided in the building that is accessible by building operation and management personnel. The reporting mechanism shall have the capability to graphically provide the electrical energy consumption for each end-use category required by Section C405.12.2 at least every hour, day, month and year for the previous 36 months. The graphical report shall also incorporate natural gas interval data or the ability to enter gas utility bills into the report. C405.12.6 Non-electrical energy Consumption of non-electrical energy such as gas, district heating or cooling, unregulated fuel sources, or other non-renewable energy shall be automatically metered or a method developed for usage calculation annually or more frequently from energy bills. Natural gas usage shall be monitored through on site interval metering or from utility interval data. C405.12.7 Renewable energy The ability to measure the production of on-site renewable energy shall be provided with the same or greater frequency as metered systems. C405.12.8 Plan for disclosure The plan for annual energy use data gathering and disclosure shall include the following: 1. Property information including building type, total gross floor area, year built or year planned for construction completion, and occupancy type. 2. Total annual building site energy use per unit area (square foot) of gross floor area as collected or documented through Section C405.12.5 (electrical) and Section C405.12.6 (non-electrical) sources, separated by energy type (electric, gas, district cooling or heating, unregulated fuel sources etc.). Electrical energy shall be further broken down by load type as identified in Table C405.12.2. 4. Annual site generated renewable energy per unit area (square foot) of gross floor area. 5. Peak electric demand per unit area (square foot) of gross floor area, with an estimate of relative building system contribution to that peak, and the time and date of the peak. C405.12.9 Energy Reporting Requirements: Buildings shall be subject to Section 8.60 – Building IQ of the Aspen Municipal Code and shall follow the requirements for a “Non-City Covered Property.” Group R-2 buildings shall comply with the requirements of the Multi-Family Residential properties category in the nearest applicable square footage category. All other occupancy group buildings shall comply with the requirements of the Commercial properties category in the nearest applicable square footage category. This requirement shall supersede the applicability statements in Section 8.60.030 and the exceptions listed in Section 8.60.020.M, as amended. C405.13 Electric Vehicle Power Transfer Infrastructure. New parking facilities shall be provided with electric vehicle power transfer infrastructure in compliance with Sections C405.13.1 through C405.13.6. C405.13.1 Quantity. The number of required DCFC EVSE spaces, EVSE spaces, EV ready spaces and EV capable spaces shall be determined in accordance with this Section and Table C405.13.1 based on the total number of automobile parking spaces and shall be rounded up to the nearest whole number. For R2 buildings, the Table requirements shall be based on the total number of dwelling units or the total number of automobile parking spaces, whichever is less. 1. Where more than one parking facility is provided on a building site, the number of required automobile parking spaces required to have EV power transfer infrastructure shall be calculated separately for each parking facility. 2. Where one shared parking facility serves multiple building occupancies, the required number of spaces shall be determined proportionally based on the floor area of each building occupancy. 3. Installed EVSE spaces that exceed the minimum requirements of this section may be used to meet minimum requirements for EV ready spaces and EV capable spaces. 4. Installed EV ready spaces that exceed the minimum requirements of this section may be used to meet minimum requirements for EV capable spaces. 5. Requirements for a Group S-2 parking garage shall be determined by the occupancies served by that parking garage. Where new automobile spaces do not serve specific occupancies, the values for Group S-2 parking garage in Table C405.13.1 shall be used. 6. Direct Current Fast Charging. a. For Groups A, B, E, I, M and S-2 Occupancies with 5 or more parking spaces, the first required EVSE Installed Space shall be a DCFC EVSE. b. The number of EVSE Installed Spaces for Groups A, B, E, I, M and S-2 Occupancies may be reduced by up to ten per DCFC EVSE provided that the building includes not less than one parking space equipped with a DCFC EVSE and not less than one EV Ready space. A maximum of fifty spaces may be reduced from the total number of EVSE Installed spaces. 7. In addition to the quantities required elsewhere in this section, 20% of accessible parking spaces shall be EVSE spaces. Where van-accessible parking spaces are provided, they shall be EVSE spaces contributing to the 20%. All other accessible parking spaces shall be EV Capable. Table C405.13.1 REQUIRED EV POWER TRANSFER INFRASTRUCTURE OCCUPANCY EVSE SPACES EV READY SPACES EV CAPABLE SPACES GROUP A 10% 0% 25% GROUP B 15% 0% 30% GROUP E 2% 0% 5% GROUP F 2% 0% 5% GROUP H 1% 0% 0% GROUP I 2% 0% 5% GROUP M 10% 0% 25% GROUP R-1 20% 5% 75% GROUP R-2 0% 100% 0% GROUP R-4 2% 0% 5% GROUP S exclusive of parking garages 1% 0% 0% GROUP S-2 parking garages 10% 0% 30% C405.13.2 EV Capable Spaces. Each EV capable space used to meet the requirements of Section C405.13.1 shall comply with all of the following: 1. A continuous raceway or cable assembly shall be installed between an enclosure or outlet located within 3 feet (914 mm) of the EV capable space and a suitable panelboard or other onsite electrical distribution equipment. 2. Installed raceway or cable assembly shall be sized and rated to supply an minimum circuit capacity in accordance with C405.13.5 3. The electrical distribution equipment to which the raceway or cable assembly connects shall have sufficient dedicated space and spare electrical capacity for a 2-pole circuit breaker or set of fuses. 4. The electrical enclosure or outlet and the electrical distribution equipment directory shall be marked: "For future electric vehicle supply equipment (EVSE)." C405.13.3 EV Ready Spaces. Each branch circuit serving EV ready spaces used to meet the requirements of Section C405.13.1 shall comply with all of the following: 1. Terminate at a receptacle outlet, located within 3 feet (914 mm) of each EV ready space it serves. 2. Have a minimum electrical distribution system and circuit capacity in accordance with Section C405.13.5. 3. The panelboard or other electrical distribution equipment directory shall designate the branch circuit as "For electric vehicle supply equipment (EVSE)" and the outlet or enclosure shall be marked "For electric vehicle supply equipment (EVSE)." C405.13.4 EVSE Spaces. An installed EVSE with multiple output connections shall be permitted to serve multiple EVSE spaces. Each EVSE installed to meet the requirements of Section C405.13.1, serving either a single EVSE space or multiple EVSE spaces, shall comply with all of the following: 1. Be served by an electrical distribution system in accordance with Section C405.13.5. Exception: DCFC EVSE spaces 2. Have a minimum nameplate charging capacity of 6.2 kVA (or 30A at 208/240V) per EVSE space served. Exception: DCFC EVSE spaces 3. Be located within 3 feet (914 mm) of each EVSE space it serves. 4. Be installed in accordance with Section C405.13.4.1. C405.13.4.1 EVSE Installation EVSE shall be installed in accordance with NFPA 70 and shall be listed and labeled in accordance with UL 2202 or UL 2594. EVSE shall be accessible in accordance with International Building Code Section 1107. C405.13.5 Electrical distribution system capacity. The electrical distribution system serving each EV capable space, EV ready space, and EVSE space used to comply with Section C405.13.1 shall comply with one of the following: 1. Sized for a calculated EV charging load of not less than 6.2 kVA for each EV ready space or EVSE space it serves. 2. The requirements of Section C405.13.5.1. C405.13.5.1 Capacity Management for EV loads. The capacity of each branch circuit serving multiple EVSE spaces, EV ready spaces or EV capable spaces designed to be controlled by an energy management system providing load management in accordance with NFPA 70, shall comply with one of the following: 1. Be sized for a minimum calculated load of 3.3 kVA per EVSE, EV ready or EV capable space. 2. Where all (100%) of the automobile spaces are EVSE or EV ready spaces, be sized for a minimum calculated load of 2.1 kVA per EVSE or EV ready space. Where an energy management system is used to control EV charging loads for the purposes of this section, it shall not be configured to turn off electrical power to EVSE or EV ready spaces used to comply with Section C405.13.1. C405.14 Renewable energy infrastructure. A solar-ready zone shall be located on the roof of buildings that are oriented between 110 degrees and 270 degrees of true north or have low-slope roofs. Solar-ready zones shall comply with Sections C405.14.1 through C405.14.6. Exceptions: 1. A building with a permanently installed, on-site renewable energy system. 2. A building with a solar-ready zone that is shaded for more than 70 percent of daylight hours annually. 3. Any building where more than 50 percent of roof area would be shaded from direct-beam sunlight by existing natural objects or by structures that are not part of the building for more than 2500 annual hours between 8:00 a.m. and 4:00 p.m. 4. A building where the licensed design professional certifies that the incident solar radiation available to the building is not suitable for a solar-ready zone. 5. A building where the licensed design professional certifies that the solar zone area required by Section CB103.3 cannot be met because of extensive rooftop equipment, skylights, vegetative roof areas or other obstructions. C405.14.1 Construction document requirements for a solar-ready zone. Construction documents shall indicate the solar-ready zone. C405.14.2 Solar-ready zone area. The total solar-ready zone area shall be not less than 40 percent of the roof area calculated as the horizontally projected gross roof area less the area covered by skylights, occupied roof decks, vegetative roof areas and mandatory access or set back areas as required by the International Fire Code. The solar- ready zone shall be a single area or smaller, separated sub-zone areas. Each sub-zone shall be not less than 5 feet (1524 mm) in width in the narrowest dimension. C405.14.3 Obstructions. Solar ready zones shall be free from obstructions, including pipes, vents, ducts, HVAC equipment, skylights and roof-mounted equipment. C405.14.4 Roof loads and documentation. A collateral dead load of not less than 5 pounds per square foot (5 psf) (24.41 kg/m2) shall be included in the gravity and lateral design calculations for the solar-ready zone. The structural design loads for roof dead load and roof live load shall be indicated on the construction documents. C405.14.5 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. The reserved spaces shall be positioned at the end of the panel that is opposite from the panel supply conductor connection. C405.14.6 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. C405.15 Electrical energy storage system ready. Each building shall have one or more reserved ESS-ready areas to accommodate future electrical storage complying with the following: 1. Energy storage system rated energy capacity (kWH) ≥ Gross conditioned floor area of the three largest stories (sqft) x 0.0008 kWh/sqft 2. Energy storage system rated power capacity (kW) ≥ Gross conditioned floor area of three largest stories (sqft) x 0.0002 kW/sqft Exception: Dwellings with an installed Energy Storage System (ESS) sized in accordance with this section. C405.15.1 ESS-ready location. Each ESS-ready area shall be located in accordance with Section 1207 of the International Fire Code. C405.15.2 ESS-ready minimum area requirements. Each ESS-ready area shall be sized in accordance with the spacing requirements of Section 1207 of the International Fire Code and the UL9540 or UL9540a designated rating of the planned system. Where rated to UL9540a, the area shall be sized in accordance with the manufacturer's instructions. C405.15.3 Electrical distribution equipment. The onsite electrical distribution equipment shall have sufficient capacity, rating, and space to allow installation of overcurrent devices and circuit wiring in accordance with NFPA 70 for future electrical ESS installation complying with the capacity criteria of Section C405.15.2. C405.16 Inverters. Direct-current-to-alternating-current inverters serving on-site renewable energy systems or on-site electrical energy storage systems shall be compliant with IEEE 1547-2018a and UL 1741-2021. C405.17 Additional electric infrastructure. Buildings that contain combustion equipment shall be required to install electric infrastructure in accordance with this section. C405.17.1 Residential combustion cooking. Spaces containing cooking equipment not designated as commercial cooking appliances shall be provided with a dedicated branch circuit in compliance with NFPA 70 Section 422.10. The branch circuit shall terminate within 6 feet (1829 mm) of fossil fuel ranges, cooktops and ovens and be accessible with no obstructions. Both ends of the branch circuit shall be labeled with the words “For Future Electric Cooking Equipment” and be electrically isolated. C405.17.2 Combustion clothes drying. Spaces containing combustion equipment for clothes drying shall comply with either C405.17.4.1 or C405.17.4.2 C405.17.2.1 Commercial drying. Spaces containing clothes drying equipment, and end-uses for commercial laundry applications shall be provided with conduit that is continuous between a junction box located within 3 feet (914 mm) of the equipment and an electrical panel. The junction box, conduit and bus bar in the electrical panel shall be rated and sized to accommodate a branch circuit with sufficient capacity for an equivalent electric equipment with an equivalent equipment capacity. The electrical junction box and electrical panel shall have labels stating, “For Future Electric Clothes Drying Equipment.” C405.17.2.2 Residential drying. Spaces containing clothes drying equipment, appliances, and end-uses serving dwelling units or sleeping areas with a capacity less than or equal to 9.2 cubic feet shall be provided with a dedicated 240-volt branch circuit with a minimum capacity of 30 amps shall terminate within 6 feet (1829 mm) of fossil fuel 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 Equipment” and be electrically isolated. SECTION C406 ADDITIONAL EFFICIENCY REQUIREMENTS C406.1 Additional energy efficiency credit requirements. New buildings shall achieve a total of 10 credits from Tables C406.1(1) through C406.1(5) where the table is selected based on the use group of the building and from credit calculations as specified in relevant subsections of Section C406. Where a building contains multiple-use groups, credits from each use group shall be weighted by floor area of each group to determine the weighted average building credit. Credits from the tables or calculation shall be achieved where a building complies with one or more of the following: 1. More efficient HVAC performance in accordance with Section C406.2. 2. Reduced lighting power in accordance with Section C406.3. 3. Enhanced lighting controls in accordance with Section C406.4. 4. On-site supply of renewable energy in accordance with Section C406.5. 5. Provision of a dedicated outdoor air system for certain HVAC equipment in accordance with Section C406.6. 6. High-efficiency service water heating in accordance with Section C406.7. 7. Enhanced envelope performance in accordance with Section C406.8. 8. Reduced air infiltration in accordance with Section C406.9 9. Where not required by Section C405.12, include an energy monitoring system in accordance with Section C406.10. 10. Where not required by Section C403.2.3, include a fault detection and diagnostics (FDD) system in accordance with Section C406.11. 11. Efficient kitchen equipment in accordance with Section C406.12. C406.1.1 Tenant spaces. Tenant spaces shall comply with sufficient options from Tables C406.1(1) through C406.1(5) to achieve a minimum number of 5 credits, where credits are selected from Section C406.2, C406.3, C406.4, C406.6, C406.7 or C406.10. Where the entire building complies using credits from Section C406.5, C406.8 or C406.9, tenant spaces shall be deemed to comply with this section. Exception: Previously occupied tenant spaces that comply with this code in accordance with Section C501. C406.2 More efficient HVAC equipment performance. Equipment shall exceed the minimum efficiency requirements listed in the tables in Section C403.3.2. Variable refrigerant flow systems listed in the energy efficiency provisions of ANSI/ASHRAE/IES 90.1 in accordance with Section C406.2.1, C406.2.2, C406.2.3 or C406.2.4 shall also meet applicable requirements of Section C403. Energy efficiency credits for heating shall be selected from Section C406.2.1 or C406.2.3 and energy efficiency credits for cooling shall be selected from Section C406.2.2, C406.2.4 or C406.2.5. Selected credits shall include a heating or cooling energy efficiency credit or both. Equipment not listed in Tables C403.3.2(1) through C403.3.2(9) and variable refrigerant flow systems not listed in the energy efficiency provisions of ANSI/ASHRAE/IES 90.1 shall be limited to 10 percent of the total building system capacity for heating equipment where selecting Section C406.2.1 or C406.2.3 and cooling equipment where selecting Section C406.2.2, C406.2.4 or C406.2.5. C406.2.1 Five-percent heating efficiency improvement. Equipment shall exceed the minimum heating efficiency requirements by 5 percent. C406.2.2 Five-percent cooling efficiency improvement. Equipment shall exceed the minimum cooling and heat rejection efficiency requirements by 5 percent. Where multiple cooling performance requirements are provided, C406.2.3 Ten-percent heating efficiency improvement. Equipment shall exceed the minimum heating efficiency requirements by 10 percent. C406.2.4 Ten-percent cooling efficiency improvement. Equipment shall exceed the minimum cooling and heat rejection efficiency requirements by 10 percent. Where multiple cooling performance requirements are provided, the equipment shall exceed the annual energy requirement, including IEER, SEER and IPLV. C406.2.5 More than 10-percent cooling efficiency improvement. Where equipment exceeds the minimum annual cooling and heat rejection efficiency requirements by more than 10 percent, energy efficiency credits for cooling may be determined using Equation 4-12, rounded to the nearest whole number. Where multiple cooling performance requirements are provided, the equipment shall exceed the annual energy requirement, including IEER, SEER and IPLV. the equipment shall exceed the annual energy require- ment, including IEER, SEER and IPLV. EECHEC= EEC10[1 + ((CEI – 10 percent) ÷ 10 percent)] (Equation 4-12) TABLE C406.1(1) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP B OCCUPANCIES SECTION CLIMATE ZONE 0A & 1A 0B & 1B 2A 2B 3A 3B 3C 4A 4B 4C 5A 5B 5C 6A 6B 7 8 C406.2.1: 5% heating efficiency improvement NA NA NA NA NA NA NA NA NA NA 1 NA NA 1 1 NA 1 C406.2.2: 5% cooling efficiency improvement 6 6 5 5 4 4 3 3 3 2 2 2 1 2 2 2 1 C406.2.3: 10% heating efficiency improvement NA NA NA NA NA NA NA NA NA NA 2 1 1 2 2 NA 1 C406.2.4: 10% cooling efficiency improvement 11 12 10 9 7 7 6 5 6 4 4 5 3 4 3 3 3 C406.3: Reduced lighting power 9 8 9 9 9 9 10 8 9 9 7 8 8 6 7 7 6 C406.4: Enhanced digital lighting controls 2 2 2 2 2 2 2 2 2 2 2 2 2 1 2 1 1 C406.5: On-site renewable energy 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 9 C406.6: Dedicated outdoor air 4 4 4 4 4 3 2 5 3 2 5 3 2 7 4 5 3 C406.7.2: Recovered or renewable water heating NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA C406.7.3: Efficient fossil fuel water heater NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA C406.7.4: Heat pump water heater NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA C406.8: Enhanced envelope performance 1 4 2 4 4 3 NA 7 4 5 10 7 6 11 10 14 16 C406.9: Reduced air infiltration 2 1 1 2 4 1 NA 8 2 3 11 4 1 15 8 11 6 C406.10: Energy monitoring 4 4 4 4 3 3 3 3 3 3 2 3 2 2 2 2 2 C406.11: Fault detection and diagnostics system 2 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 NA = Not Applicable. where: EECHEC = Energy efficiency credits for cooling efficiency improvement. EEC10 = Section C406.2.4 credits from Tables C406.1(1) through C406.1(5). CEI = The lesser of: the improvement above minimum cooling and heat rejection efficiency requirements or 15 percent. C406.3 Reduced lighting power by more than 10 percent. Buildings shall comply with Section C406.3.1 or C406.3.2, and dwelling units and sleeping units within the building shall comply with Section C406.3.3. C406.3.1 Reduced lighting power by more than 10 percent. The total connected interior lighting power calculated in accordance with Section C405.3.1 shall be less than 90 percent of the total lighting power allowance calculated in accordance with Section C405.3.2. C406.3.2 Reduced lighting power by more than 15 percent. Where the total connected interior lighting power calculated in accordance with Section C405.3.1 is less than 85 percent of the total lighting power allowance calculated in accordance with Section C405.3.2, additional energy efficiency credits shall be determined based on Equation 4-13, rounded to the nearest whole number. AEECLPA = AEEC10 × 10 × (LPA – LPD) / LPA where: AEECLPA = Section C406.3.2 additional energy efficiency credits. AEEC10 = Section C406.3.1 credits from Tables C406.1(1) through C406.1(5). LPA = Total lighting power allowance calculated in accordance with Section C405.3.2. LPD = Total connected interior lighting power calculated in accordance with Section C405.3.1. (Equation 4-13) C406.3.3 Lamp efficacy. Not less than 95 percent of the permanently installed lighting, excluding kitchen appliance light fixtures, serving dwelling units and sleeping units shall be provided by lamps with an efficacy of not less than 65 lumens per watt or luminaires with an efficacy of not less than 45 lumens per watt. TABLE C406.1(2) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP R AND I OCCUPANCIES SECTION CLIMATE ZONE 0A & 1A 0B & 1B 2A 2B 3A 3B 3C 4A 4B 4C 5A 5B 5C 6A 6B 7 8 C406.2.1: 5% heating efficiency improvement NA NA NA NA 1 NA NA 1 NA 1 1 1 1 2 1 2 2 C406.2.2: 5% cooling efficiency improvement 3 3 2 2 1 1 1 1 1 NA 1 1 NA 1 1 1 NA C406.2.3: 10% heating efficiency improvement NA NA NA NA 1 NA NA 1 1 1 2 2 1 3 2 3 4 C406.2.4: 10% cooling efficiency improvement 5 5 4 3 2 3 1 2 2 1 1 1 1 1 1 1 1 C406.3: Reduced lighting power 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 C406.4: Enhanced digital lighting controls NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA C406.5: On-site renewable energy 8 8 8 8 7 8 8 7 7 7 7 7 7 7 7 7 7 C406.6: Dedicated outdoor air system 3 4 3 3 4 2 NA 6 3 4 8 5 5 10 7 11 12 C406.7.2: Recovered or renewable water heating 10 9 11 10 13 12 15 14 14 15 14 14 16 14 15 15 15 C406.7.3: Efficient fossil fuel water heater 5 5 6 6 8 7 8 8 8 9 9 9 10 10 9 10 11 C406.7.4: Heat pump water heater 6 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 C406.8: Enhanced envelope performance 3 6 3 5 4 4 1 4 3 3 4 5 3 5 4 6 6 C406.9: Reduced air infiltration 6 5 3 11 6 4 NA 7 3 3 9 5 1 13 6 8 3 C406.10: Energy monitoring 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 C406.11: Fault detection and diagnostics system 1 1 1 1 1 1 NA 1 1 NA 1 1 NA 1 1 1 1 NA = Not Applicable. C406.4 Enhanced digital lighting controls. Interior general lighting in the building shall have the following enhanced lighting controls that shall be located, scheduled and operated in accordance with Sections C405.2.1 through C405.2.3. 1. Luminaires shall be configured for continuous dimming. 2. Luminaires shall be addressed individually. Where individual addressability is not available for the luminaire class type, a controlled group of not more than four luminaries shall be allowed. 3. Not more than eight luminaires shall be controlled together in a daylight zone. 4. Fixtures shall be controlled through a digital control system that includes the following function: 4.1. Control reconfiguration based on digital addressability. 4.2. Load shedding. 4.3. Occupancy sensors shall be capable of being reconfigured through the digital control system. 5. Construction documents shall include submittal of a Sequence of Operations, including a specification outlining each of the functions in Item 4. 6. Functional testing of lighting controls shall comply with Section C408. C406.5 On-site renewable energy. Buildings shall comply with Section C406.5.1 or C406.5.2. On-site renewable energy systems installed in accordance with this section shall not receive credit in the REMP appendix. C406.5.1 Basic renewable credit. The total minimum ratings of on-site renewable energy systems, not including systems used for credits under Sections C406.7.2, shall be one of the following: 1. Not less than 0.86 Btu/h per square foot (2.7 W/m2) or 0.25 watts per square foot (2.7 W/m2) of conditioned floor area. 2. Not less than 2 percent of the annual energy used within the building for building mechanical and service water-heating equipment and lighting regulated in Section C405. TABLE C406.1(3) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP E OCCUPANCIES SECTION CLIMATE ZONE 0A & 1A 0B & 1B 2A 2B 3A 3B 3C 4A 4B 4C 5A 5B 5C 6A 6B 7 8 C406.2.1: 5% heating efficiency improvement NA NA NA NA 1 1 1 1 1 2 1 2 1 2 2 3 4 C406.2.2: 5% cooling efficiency improvement 4 4 3 3 2 2 2 2 1 1 1 1 NA 1 1 1 NA C406.2.3: 10% heating efficiency improvement NA NA NA 1 1 1 1 2 3 4 3 4 3 4 3 5 7 C406.2.4: 10% cooling efficiency improvement 7 8 7 6 5 4 3 4 3 1 2 2 1 2 2 2 1 C406.3: Reduced lighting power 8 8 8 9 8 9 9 8 9 9 8 9 8 7 8 7 7 C406.4: Enhanced digital lighting controls 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 1 C406.5: On-site renewable energy 6 6 6 6 6 6 6 6 6 6 6 6 6 6 6 5 5 C406.6: Dedicated outdoor air system NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA C406.7.2: Recovered or renewable water heatinga 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 C406.7.3: Efficient fossil fuel water heatera NA 1 1 1 1 1 1 2 2 3 2 3 2 3 3 3 5 C406.7.4: Heat pump water heatera NA NA NA NA NA NA NA 1 NA NA 1 1 NA 1 1 1 1 C406.8: Enhanced envelope performance 3 7 3 4 2 4 1 1 3 1 2 3 NA 4 3 6 9 C406.9: Reduced air infiltration 1 1 1 2 NA NA NA NA NA NA 1 NA NA 4 1 4 3 C406.10: Energy monitoring 3 3 3 3 3 3 3 3 3 2 2 3 2 2 2 2 2 C406.11: Fault detection and diagnostics system 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 NA = Not Applicable. b. For schools with showers or full-service kitchens. C406.5.2 Enhanced renewable credit. Where the total minimum ratings of on-site renewable energy systems exceeds the rating in Section C406.5.1, additional energy efficiency credits shall be determined based on Equation 4-14, rounded to the nearest whole number. AEECRRa= AEEC2.5× RRa/RR1 where: AEECRRa= Section C406.5.2 additional energy efficiency credits. AEEC2.5 = Section C406.5 credits from Tables C406.1(1) through C406.1(5). RRa = Actual total minimum ratings of on-site renewable energy systems (in Btu/h, watts per square foot or W/m2). RR1 = Minimum ratings of on-site renewable energy systems required by Section C406.5.1 (in Btu/h, watts per square foot or W/m2). (Equation 4-14) C406.6 Dedicated outdoor air system. Buildings containing equipment or systems regulated by Section C403.3.4, C403.4.3, C403.4.4, C403.4.5, C403.6, C403.8.4, C403.8.6, C403.8.6.1, C403.10.1, C403.10.2, C403.10.3 or C403.10.4 shall be equipped with an independent ventilation system designed to provide not less than the minimum 100-percent outdoor air to each individual occupied space, as specified by the International Mechanical Code. The ventilation system shall be capable of total energy recovery. The HVAC system shall include supply-air temperature controls that automatically reset the supply-air temperature in response to representative building loads or to outdoor air temperatures. The controls shall reset the supply-air temperature not less than 25 percent of the difference between the design supply- air temperature and the design room-air temperature. TABLE C406.1(4) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR GROUP M OCCUPANCIES SECTION CLIMATE ZONE 0A & 1A 0B & 1B 2A 2B 3A 3B 3C 4A 4B 4C 5A 5B 5C 6A 6B 7 8 C406.2.1: 5% heating efficiency improvement NA NA NA NA 1 1 NA 1 1 2 2 2 2 3 2 3 4 C406.2.2: 5% cooling efficiency improvement 5 6 4 4 3 3 1 2 2 1 1 2 NA 1 1 1 NA C406.2.3: 10% heating efficiency improvement NA NA NA 1 1 1 1 2 2 4 3 4 5 5 3 6 8 C406.2.4: 10% cooling efficiency improvement 9 12 9 8 6 6 3 4 4 2 3 NA 2 2 2 1 C406.3: Reduced lighting power 13 13 15 14 16 14 17 15 15 14 12 14 14 16 16 14 12 C406.4: Enhanced digital lighting controls 3 3 4 3 4 3 4 4 4 3 3 3 3 4 4 3 3 C406.5: On-site renewable energy 8 8 8 8 8 8 8 8 8 7 7 7 7 7 7 7 6 C406.6: Dedicated outdoor air system 3 4 3 3 3 3 1 3 2 2 2 3 2 4 3 4 4 C406.7.2: Recovered or renewable water heating NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA C406.7.3: Efficient fossil fuel water heater NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA C406.7.4: Heat pump water heater NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA C406.8: Enhanced envelope performance 4 6 3 4 3 3 1 6 4 4 4 5 4 6 5 8 9 C406.9: Reduced air infiltration 1 1 1 2 1 1 NA 3 1 1 3 2 1 7 3 6 3 C406.10: Energy monitoring 4 5 5 5 5 4 4 4 4 3 3 4 3 4 4 4 3 C406.11: Fault detection and diagnostics system 2 2 2 2 1 1 1 1 1 1 1 1 1 1 1 2 2 NA = Not Applicable. C406.7 Reduced energy use in service water heating. Buildings shall comply with Section C406.7.1 and Section C406.7.2, C406.7.3 or C406.7.4. C406.7.1 Building type. To qualify for this credit, the building shall contain one of the following use groups, and the additional energy efficiency credit shall be prorated by conditioned floor area of the portion of the building comprised of the following use groups: 1. Group R-1: Boarding houses, hotels or motels. 2. Group I-2: Hospitals, psychiatric hospitals and nursing homes. 3. Group A-2: Restaurants and banquet halls or buildings containing food preparation areas. 4. Group F: Laundries. 5. Group R-2. 6. Group A-3: Health clubs and spas. 7. Group E: Schools with full-service kitchens or locker rooms with showers. 8. Buildings showing a service hot water load of 10 percent or more of total building energy loads, as shown with an energy analysis as described in Section C407. C406.7.2 Recovered or renewable water heating. The building service water-heating system shall have one or more of the following that are sized to provide not less than 30 percent of the building’s annual hot water requirements, or sized to provide 70 percent of the building’s annual hot water requirements if the building is required to comply with Section C403.10.5: 1. Waste heat recovery from service hot water, heat- recovery chillers, building equipment or process equipment. 2. On-site renewable energy water-heating systems. TABLE C406.1(5) ADDITIONAL ENERGY EFFICIENCY CREDITS FOR OTHERa OCCUPANCIES SECTION CLIMATE ZONE 0A & 1A 0B & 1B 2A 2B 3A 3B 3C 4A 4B 4C 5A 5B 5C 6A 6B 7 8 C406.2.1: 5% heating efficiency improvement NA NA NA NA 1 1 1 1 1 2 1 2 1 2 2 3 3 C406.2.2: 5% cooling efficiency improvement 5 5 4 4 3 3 2 2 2 1 1 2 1 1 1 1 1 C406.2.3: 10% heating efficiency improvement NA NA NA 1 1 1 1 2 2 3 3 3 3 4 3 5 5 C406.2.4: 10% cooling efficiency improvement 8 9 8 7 5 5 3 4 4 2 2 3 2 2 2 2 2 C406.3: Reduced lighting power 8 8 9 9 9 9 10 8 9 9 7 8 8 8 8 8 7 C406.4: Enhanced digital lighting controls 2 2 2 2 2 2 2 2 2 2 2 3 2 2 2 2 1 C406.5: On-site renewable energy 8 8 8 8 8 8 8 8 8 7 7 7 7 7 7 7 7 C406.6: Dedicated outdoor air system 3 4 3 3 4 3 2 5 3 3 5 4 3 7 5 7 6 C406.7.2: Recovered or renewable water heatingb 10 9 11 10 13 12 15 14 14 15 14 14 16 14 15 15 15 C406.7.3: Efficient fossil fuel water heaterb 5 5 6 6 8 7 8 8 8 9 9 9 10 10 9 10 11 C406.7.4: Heat pump water heaterb 6 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 C406.8: Enhanced envelope performance 3 6 3 4 3 4 1 5 4 3 5 5 4 7 6 9 10 C406.9: Reduced air infiltration 3 2 2 4 4 2 NA 6 2 2 6 4 1 10 5 7 4 C406.10: Energy monitoring 3 3 3 3 3 3 3 3 3 3 2 3 2 2 2 3 2 C406.11: Fault detection and diagnostics system 2 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 NA = Not Applicable. a. Other occupancy groups include all groups except Groups B, E, I, M and R. b. For occupancy groups listed in Section C406.7.1. C406.7.3 Efficient fossil fuel water heater. The combined input-capacity weighted-average equipment rating of all fossil fuel water-heating equipment in the building shall be not less than 95 percent Et or 0.95 EF. This option shall receive only half the listed credits for buildings required to comply with Section C404.2.1. C406.7.4 Heat pump water heater. Where electric resistance water heaters are allowed, all service hot water system heating requirements shall be met using heat pump technology with a combined input-capacity weighted-average EF of 3.0. Air-source heat pump water heaters shall not draw conditioned air from within the building, except exhaust air that would otherwise be exhausted to the exterior. C406.8 Enhanced envelope performance. The total UA of the building thermal envelope as designed shall be not less than 15 percent below the total UA of the building thermal envelope in accordance with Section C402.1.5. C406.9 Reduced air infiltration. Air infiltration shall be verified by whole-building pressurization testing conducted in accordance with ASTM E779 or ASTM E1827 by an independent third party. The measured air-leakage rate of the building envelope shall not exceed 0.25 cfm/ft2 (2.0 L/s × m2) under a pressure differential of 0.3 inches water column (75 Pa), with the calculated surface area being the sum of the above- and below-grade building envelope. A report that includes the tested surface area, floor area, air by volume, stories above grade, and leakage rates shall be submitted to the code official and the building owner. Exception: For buildings having over 250,000 square feet (25 000 m2) of conditioned floor area, air leakage testing need not be conducted on the whole building where testing is conducted on representative above-grade sections of the building. Tested areas shall total not less than 25 percent of the conditioned floor area and shall be tested in accordance with this section. C406.10 Energy monitoring. Buildings shall be equipped to measure, monitor, record and report energy consumption data in compliance with Sections C406.10.1 through C406.10.5. C406.10.1 Electrical energy metering. For all electrical energy supplied to the building and its associated site, including but not limited to site lighting, parking, recreational facilities, and other areas that serve the building and its occupants, meters or other measurement devices shall be provided to collect energy consumption data for each end-use category required by Section C406.10.2. C406.10.2 End-use metering categories. Meters or other approved measurement devices shall be provided to collect energy use data for each end-use category listed in Table 406.10.2. These meters shall have the capability to collect energy consumption data for the whole building or for each separately metered portion of the building. Where multiple meters are used to measure any end-use category, the data acquisition system shall total all of the energy used by that category. Not more than 5 percent of the measured load for each of the end-use categories listed in Table 406.10.2 is permitted to be from a load not within the category. Exceptions: 1. HVAC and water-heating equipment serving only an individual dwelling unit does not require end-use metering. 2. End-use metering is not required for fire pumps, stairwell pressurization fans or any system that operates only during testing or emergency. TABLE C406.10.2 ENERGY USE CATEGORIES LOAD CATEGORY DESCRIPTION OF ENERGY USE Total HVAC system Heating, cooling and ventilation, including but not limited to fans, pumps, boilers, chillers and water heating. Energy used by 120-volt equipment, or by 208/120-volt equipment that is located in a building where the main service is 480/277-volt power, is permitted to be excluded from total HVAC system energy use. Interior lighting Lighting systems located within the building. Exterior lighting Lighting systems located on the building site but not within the building. Plug loads Devices, appliances and equipment connected to convenience receptacle outlets. Process loads Any single load that is not included in an HVAC, lighting or plug load category and that exceeds 5 percent of the peak connected load of the whole building, including but not limited to data centers, manufacturing equipment and commer- cial kitchens. Building operations and other miscellaneous loads The remaining loads not included elsewhere in this table, including but not limited to vertical transportation systems and automatic doors. C406.10.3 Meters. Meters or other measurement devices required by this section shall be configured to automatically communicate energy consumption data to the data acquisition system required by Section C406.10.4. Source meters shall be allowed to be any digital-type meter. Lighting, HVAC or other building systems that can monitor their energy consumption shall be permitted instead of meters. Current sensors shall be permitted, provided that they have a tested accuracy of ±2 percent. Required metering systems and equipment shall have the capability to provide at least hourly data that is fully integrated into the data acquisition system and graphical energy report in accordance with Sections C406.10.4 and C406.10.5. C406.10.4 Data acquisition system. A data acquisition system shall have the capability to store the data from the required meters and other sensing devices for a minimum of 36 months. The data acquisition system shall have the capability to store real-time energy consumption data and provide hourly, daily, monthly and yearly logged data for each end-use category required by Section C406.10.2. C406.10.5 Graphical energy report. A permanent and readily accessible reporting mechanism shall be provided in the building that is accessible by building operation and management personnel. The reporting mechanism shall have the capability to graphically provide the energy consumption for each end-use category required by Section C406.10.2 at least every hour, day, month and year for the previous 36 months. C406.11 Fault detection and diagnostics system. A fault detection and diagnostics system shall be installed to monitor the HVAC system’s performance and automatically identify faults. The system shall do all of the following: 1. Include permanently installed sensors and devices to monitor the HVAC system’s performance. 2. Sample the HVAC system’s performance at least once every 15 minutes. 3. Automatically identify and report HVAC system faults. 4. Automatically notify authorized personnel of identified HVAC system faults. 5. Automatically provide prioritized recommendations for repair of identified faults based on analysis of data collected from the sampling of the HVAC system performance. 6. Be capable of transmitting the prioritized fault repair recommendations to remotely located authorized personnel. C406.12 Efficient kitchen equipment. For buildings and spaces designated as Group A-2 or facilities that include a commercial kitchen with at least one gas or electric fryer, all fryers, dishwashers, steam cookers and ovens shall comply with all of the following: 1. Achieve performance levels in accordance with the equipment specifications listed in Tables C406.12(1) through C406.12(4) when rated in accordance with the applicable test procedure. 2. Be installed prior to the issuance of the Certificate of Occupancy. 3. Have associated performance levels listed on the construction documents submitted for permitting. Energy efficiency credits for efficient kitchen equipment shall be independent of climate zone and determined based on Equation 4-15, rounded to the nearest whole number. AEECK = 20 × AreaK/AreaB where: AEECK= Section C406.12 additional energy efficiency credits. AreaK= Floor area of full-service kitchen (ft² or m²). AreaB = Gross floor area of building (ft² or m²). (Equation 4-15) TABLE C406.12(1) MINIMUM EFFICIENCY REQUIREMENTS: COMMERCIAL FRYERS FRYER TYPE HEAVY-LOAD COOKING ENERGY EFFICIENCY IDLE ENERGY RATE TEST PROCEDURE Standard open deep-fat gas fryers ≥ 50% ≤ 9,000 Btu/h ASTM F1361 Standard open deep-fat electric fryers ≥ 83% ≤ 800 watts Large-vat open deep-fat gas fryers ≥ 50% ≤ 12,000 Btu/h ASTM F2144 Large-vat open deep-fat electric fryers ≥ 80% ≤ 1,100 watts For SI: 1 Btu/h = 0.293/W. TABLE C406.12(2) MINIMUM EFFICIENCY REQUIREMENTS: COMMERCIAL STEAM COOKERS FUEL TYPE PAN CAPACITY COOKING ENERGY EFFICIENCYa IDLE ENERGY RATE TEST PROCEDURE Electric steam 3-pan 50% — ASTM F1484 4-pan 50% — 5-pan 50% — 6-pan and larger 50% — Gas steam 3-pan 38% — 4-pan 38% — 5-pan 38% — 6-pan and larger 38% — a. Cooking energy efficiency is based on heavy load (potato) cooking capacity. TABLE C406.12(3) MINIMUM EFFICIENCY REQUIREMENTS: COMMERCIAL DISHWASHERS MACHINE TYPE HIGH-TEMPERATURE EFFICIENCY REQUIREMENTS LOW-TEMPERATURE EFFICIENCY REQUIREMENTS TEST PROCEDURE Idle energy ratea Water consumptionb Idle energy ratea Water consumptionb Under counter ≤ 50 kW ≤ 0.86 GPR ≤ 0.50 kW ≤ 1.19 GPR ASTM F1696 ASTM F1920 Stationary single- tank door ≤ 70 kW ≤ 0.89 GPR ≤ 0.60 kW ≤ 1.18 GPR Pot, pan and utensil ≤ 1.20 kW ≤ 0.58 GPR ≤ 1.00 kW ≤ 0.58 GPSF Single-tank conveyor ≤ 1.50 kW ≤ 0.70 GPR ≤ 1.50 kW ≤ 0.79 GPR Multiple-tank conveyor ≤ 2.25 kW ≤ 0.54 GPR ≤ 2.00 kW ≤ 0.54 GPR Single-tank flight Reported GPH ≤ 2.975x + 55.00 Reported GPH ≤ 2.975x + 55.00 Multiple-tank flight Reported GPH ≤ 4.96x + 17.00 Reported GPH ≤ 4.96x + 17.00 a. Idle results shall be measured with the door closed and represent the total idle energy consumed by the machine, including all tank heaters and controls. Booster heater (internal or external) energy consumption shall not be part of this measurement unless it cannot be separately monitored. b. GPR = gallons per rack, GPSF = gallons per square foot of rack, GPH = gallons per hour, x = maximum conveyer belt speed (feet/minute) × conveyer belt width (feet). TABLE C406.12(4) MINIMUM EFFICIENCY REQUIREMENTS: COMMERCIAL OVENS FUEL TYPE CLASSIFICATION IDLE RATE COOKING-ENERGY EFFICIENCY, % TEST PROCEDURE Convection ovens Gas Full-size ≤ 12,000 Btu/h ≥ 46 ASTM F1496 Electric Half-size ≤ 1.0 Btu/h ≥ 71 Full-size ≤ 1.60 Btu/h Combination ovens Gas Steam mode ≤ 200Pa + 6,511 Btu/h ≥ 41 ASTM F2861 Convection mode ≤ 150Pa + 5,425 Btu/h ≥ 56 Electric Steam mode ≤ 0.133Pa + 0.6400 kW ≥ 55 Convection mode ≤ 0.080Pa + 0.4989 kW ≥ 76 Rack ovens Gas Single ≤ 25,000 Btu/h ≥ 48 ASTM F2093 Double ≤ 30,000 Btu/h ≥ 52 For SI: 1 Btu/h = 0.293/W. a. P = Pan Capacity: the number of steam table pans the combination oven is able to accommodate in accordance with ASTM F1495. SECTION C407 TOTAL BUILDING PERFORMANCE Section C407 is deleted in its entirety. Refer to Section C401.2.2 of this code. SECTION C408 MAINTENANCE INFORMATION AND SYSTEM COMMISSIONING C408.1 General. This section covers the provision of maintenance information and the commissioning of, and the functional testing requirements for, building systems. C408.1.1 Building operations and maintenance information. The building operations and maintenance documents shall be provided to the owner and shall consist of manufacturers’ information, specifications and recommendations; programming procedures and data points; narratives; and other means of illustrating to the owner how the building, equipment and systems are intended to be installed, maintained and operated. Required regular maintenance actions for equipment and systems shall be clearly stated on a readily visible label. The label shall include the title or publication number for the operation and maintenance manual for that particular model and type of product. 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-heating systems in buildings where the total mechanical equipment capacity is less than 480,000 60,000 Btu/h (140.7 kW) cooling capacity and or 600,000 250,000 Btu/h (175.8 kW) combined service water-heating and space-heating capacity. 2. Systems included in Section C403.5 that serve individual dwelling units and sleeping units. 3. Systems in existing buildings where the area of work is less than 10,000 square feet. C408.2.1 Commissioning plan. A commissioning plan shall be developed by a registered design professional or approved agency and shall include the following items: 1. A narrative description of the activities that will be accomplished during each phase of commissioning, including the personnel intended to accomplish each of the activities. 2. A listing of the specific equipment, appliances or systems to be tested and a description of the tests to be performed. 3. Functions to be tested including, but not limited to, calibrations and economizer controls. 4. Conditions under which the test will be performed. Testing shall affirm winter and summer design conditions and full outside air conditions. 5. Measurable criteria for performance. C408.2.2 Systems adjusting and balancing. HVAC systems shall be balanced in accordance with generally accepted engineering standards. Air and water flow rates shall be measured and adjusted to deliver final flow rates within the tolerances provided in the product specifications. Test and balance activities shall include air system and hydronic system balancing. C408.2.2.1 Air systems balancing. Each supply air outlet and zone terminal device shall be equipped with means for air balancing in accordance with the requirements of Chapter 6 of the International Mechanical Code. Discharge dampers used for air-system balancing are prohibited on constant-volume fans and variable volume fans with motors 10 hp (18.6 kW) and larger. Air systems shall be balanced in a manner to first minimize throttling losses then, for fans with system power of greater than 1 hp (0.746 kW), fan speed shall be adjusted to meet design flow conditions. Exception: Fans with fan motors of 1 hp (0.74 kW) or less are not required to be provided with a means for air balancing. C408.2.2.2 Hydronic systems balancing. Individual hydronic heating and cooling coils shall be equipped with means for balancing and measuring flow. Hydronic systems shall be proportionately balanced in a manner to first minimize throttling losses, then the pump impeller shall be trimmed or pump speed shall be adjusted to meet design flow conditions. Each hydronic system shall have either the capability to measure pressure across the pump, or test ports at each side of each pump. Exception: The following equipment is not required to be equipped with a means for balancing or measuring flow: 1. Pumps with pump motors of 5 hp (3.7 kW) or less. 2. Where throttling results in not greater than 5 percent of the nameplate horsepower draw above that required if the impeller were trimmed. C408.2.3 Functional performance testing. Functional performance testing specified in Sections C408.2.3.1 through C408.2.3.3 shall be conducted. C408.2.3.1 Equipment. Equipment functional performance testing shall demonstrate the installation and operation of components, systems and system-to- system interfacing relationships in accordance with approved plans and specifications such that operation, function and maintenance serviceability for each of the commissioned systems are confirmed. Testing shall include all modes and sequence of operation, including under full-load, part-load and the following emergency conditions: 1. All modes as described in the sequence of operation. 2. Redundant or automatic back-up mode. 3. Performance of alarms. 4. Mode of operation upon a loss of power and restoration of power. Exception: Unitary or packaged HVAC equipment listed in the tables in Section C403.3.2 that do not require supply air economizers. C408.2.3.2 Controls. HVAC and service water-heating control systems shall be tested to document that control devices, components, equipment and systems are calibrated and adjusted and operate in accordance with approved plans and specifications. Sequences of operation shall be functionally tested to document they operate in accordance with approved plans and specifications. C408.2.3.3 Economizers. Air economizers shall undergo a functional test to determine that they operate in accordance with manufacturer’s specifications. C408.2.4 Preliminary commissioning report. A preliminary report of commissioning test procedures and results shall be completed and certified by the registered design professional or approved agency and provided to the building owner or owner’s authorized agent. The report shall be organized with mechanical and service hot water findings in separate sections to allow independent review. The report shall be identified as “Preliminary Commissioning Report,” shall include the completed Commissioning Compliance Checklist, Figure C408.2.4, and shall identify: 1. Itemization of deficiencies found during testing required by this section that have not been corrected at the time of report preparation. 2. Deferred tests that cannot be performed at the time of report preparation because of climatic conditions. 3. Climatic conditions required for performance of the deferred tests. 4. Results of functional performance tests. 5. Functional performance test procedures used during the commissioning process, including measurable criteria for test acceptance. FIGURE C408.2.4 COMMISSIONING COMPLIANCE CHECKLIST C408.2.4.1 Acceptance of report. Buildings, or portions thereof, shall not be considered as acceptable for a final inspection pursuant to Section C105.2.6 until the code official has received the Preliminary Commissioning Report from the building owner or owner’s authorized agent. C408.2.4.2 Copy of report. The code official shall be permitted to require that a copy of the Preliminary Commissioning Report be made available for review by the code official. C408.2.5 Documentation requirements. The construction documents shall specify that the documents described in this section be provided to the building owner or owner’s authorized agent within 90 days of the date of receipt of the certificate of occupancy. C408.2.5.1 System balancing report. A written report describing the activities and measurements completed in accordance with Section C408.2.2. C408.2.5.2 Final commissioning report. A report of test procedures and results identified as “Final Commissioning Report” shall be delivered to the building owner or owner’s authorized agent. The report shall be organized with mechanical system and service hot water system findings in separate sections to allow independent review. The report shall include the following: 1. Results of functional performance tests. 2. Disposition of deficiencies found during testing, including details of corrective measures used or proposed. 3. Functional performance test procedures used during the commissioning process including measurable criteria for test acceptance, provided herein for repeatability. Exception: Deferred tests that cannot be performed at the time of report preparation due to climatic conditions. C408.3 Functional testing of lighting controls. Automatic lighting controls required by this code shall comply with this section. C408.3.1 Functional testing. Prior to passing final inspection, the registered design professional or approved agency shall provide evidence that the lighting control systems have been tested to ensure that control hardware and software are calibrated, adjusted, programmed and in proper working condition in accordance with the construction documents and manufacturer’s instructions. Functional testing shall be in accordance with Sections C408.3.1.1 through C408.3.1.3 for the applicable control type. C408.3.1.1 Occupant sensor controls. Where occupant sensor controls are provided, the following procedures shall be performed: 1. Certify that the occupant sensor has been located and aimed in accordance with manufacturer recommendations. 2. For projects with seven or fewer occupant sensors, each sensor shall be tested. 3. For projects with more than seven occupant sensors, testing shall be done for each unique combination of sensor type and space geometry. Where multiples of each unique combination of sensor type and space geometry are provided, not less than 10 percent and in no case fewer than one, of each combination shall be tested unless the code official or design professional requires a higher percentage to be tested. Where 30 percent or more of the tested controls fail, all remaining identical combinations shall be tested. For occupant sensor controls to be tested, verify the following: 3.1. Where occupant sensor controls include status indicators, verify correct operation. 3.2. The controlled lights turn off or down to the permitted level within the required time. 3.3. For auto-on occupant sensor controls, the lights turn on to the permitted level when an occupant enters the space. 3.4. For manual-on occupant sensor controls, the lights turn on only when manually activated. 3.5. The lights are not incorrectly turned on by movement in adjacent areas or by HVAC operation. C408.3.1.2 Time-switch controls. Where time-switch controls are provided, the following procedures shall be performed: 1. Confirm that the time-switch control is programmed with accurate weekday, weekend and holiday schedules. 2. Provide documentation to the owner of time- switch controls programming including week- day, weekend, holiday schedules, and set-up and preference program settings. 3. Verify the correct time and date in the time switch. 4. Verify that any battery back-up is installed and energized. 5. Verify that the override time limit is set to not more than 2 hours. 6. Simulate occupied condition. Verify and document the following: 6.1. All lights can be turned on and off by their respective area control switch. 6.2. The switch only operates lighting in the enclosed space in which the switch is located. 7. Simulate unoccupied condition. Verify and document the following: 7.1. Nonexempt lighting turns off. 7.2. Manual override switch allows only the lights in the enclosed space where the override switch is located to turn on or remain on until the next scheduled shut- off occurs. 8. Additional testing as specified by the registered design professional. C408.3.1.3 Daylight responsive controls. Where daylight responsive controls are provided, the following shall be verified: 1. Control devices have been properly located, field calibrated and set for accurate setpoints and threshold light levels. 2. Daylight controlled lighting loads adjust to light level setpoints in response to available daylight. 3. The calibration adjustment equipment is located for ready access only by authorized personnel. C408.3.2 Documentation requirements. The construction documents shall specify that the documents described in this section be provided to the building owner or owner’s authorized agent within 90 days of the date of receipt of the certificate of occupancy. C408.3.2.1 Drawings. Construction documents shall include the location and catalogue number of each piece of equipment. C408.3.2.2 Manuals. An operating and maintenance manual shall be provided and include the following: 1. Name and address of not less than one service agency for installed equipment. 2. A narrative of how each system is intended to operate, including recommended setpoints. 3. Submittal data indicating all selected options for each piece of lighting equipment and lighting controls. 4. Operation and maintenance manuals for each piece of lighting equipment. Required routine maintenance actions, cleaning and recommended relamping shall be clearly identified. 5. A schedule for inspecting and recalibrating all lighting controls. C408.3.2.3 Report. A report of test results shall be provided and include the following: 1. Results of functional performance tests. 2. Disposition of deficiencies found during testing, including details of corrective measures used or proposed. CHAPTER 5 [CE] EXISTING BUILDINGS User note: About this chapter: Many buildings are renovated or altered in numerous ways that could affect the energy use of the building as a whole. Chapter 5 requires the application of certain parts of Chapter 4 in order to maintain, if not improve, the conservation of energy by the renovated or altered building. SECTION C501 GENERAL C501.1 Scope. The provisions of this chapter shall control the alteration, repair, addition and change of occupancy of existing buildings and structures. C501.1.1 Existing buildings. Except as specified in this chapter, this code shall not be used to require the removal, alteration or abandonment of, nor prevent the continued use and maintenance of, an existing building or building system lawfully in existence at the time of adoption of this code. C501.2 Compliance. Additions, alterations, repairs, and changes of occupancy to, or relocation of, existing buildings and structures shall comply with Sections C502, C503, C504 and C505 of this code, as applicable, and with the provisions for alterations, repairs, additions and changes of occupancy or relocation, respectively, in the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, and NFPA 70. Changes where unconditioned space is changed to conditioned space shall comply with Section C502. Exception: Additions, alterations, repairs or changes of occupancy complying with ANSI/ASHRAE/IESNA 90.1. C501.3 Maintenance. Buildings and structures, and parts thereof, shall be maintained in a safe and sanitary condition. Devices and systems required by this code shall be maintained in conformance to the code edition under which they were installed. The owner or the owner’s authorized agent shall be responsible for the maintenance of buildings and structures. The requirements of this chapter shall not provide the basis for removal or abrogation of energy conservation, fire protection and safety systems and devices in existing structures. C501.4 New and replacement materials. Except as otherwise required or permitted by this code, materials permitted by the applicable code for new construction shall be used. Like materials shall be permitted for repairs, provided that hazards to life, health or property are not created. Hazardous materials shall not be used where the code for new construction would not allow use of these materials in buildings of similar occupancy, purpose and location. C501.5 Historic buildings. Provisions of this code relating to the construction, repair, alteration, restoration and movement of structures, and change of occupancy shall not be mandatory for historic buildings provided that a report has been submitted to the code official and signed by a registered design professional, or a representative of the State Historic Preservation Office or the historic preservation authority having jurisdiction, demonstrating that compliance with that provision would threaten, degrade or destroy the historic form, fabric or function of the building. SECTION C502 ADDITIONS C502.1 General. Additions to an existing building, building system or portion thereof shall conform to the provisions of this code as those provisions relate to new construction with- out requiring the unaltered portion of the existing building or building system to comply with this code. Additions shall not create an unsafe or hazardous condition or overload existing building systems. An addition shall be deemed to comply with this code if the addition alone complies or if the existing building and addition comply with this code as a single building. C502.2 Change in space conditioning. Any nonconditioned or low-energy space that is altered to become conditioned space shall be required to comply with Section C502. Exceptions: 1. Where the component performance alternative in Section C402.1.5 is used to comply with this section, the proposed UA shall be not greater than 110 percent of the target UA. 2. Where the total building performance option in Section C407 is used to comply with this section, the annual energy cost of the proposed design shall be not greater than 110 percent of the annual energy cost otherwise permitted by Section C401.2.2 C407.2. C502.3 Compliance. Additions shall comply with Sections C502.3.1 through C502.3.7. C502.3.1 Vertical fenestration area. Additions shall comply with the following: 1. Where an addition has a new vertical fenestration area that results in a total building fenestration area less than or equal to that permitted by Section C402.4.1, the addition shall comply with Section C402.1.5, C402.4.3 or C401.2.2 C407. 2. Where an addition with vertical fenestration that results in a total building fenestration area greater than Section C402.4.1 or an addition that exceeds the fenestration area greater than that permitted by Section C402.4.1, the fenestration shall comply with Section C402.4.1.1 for the addition only. 3. Where an addition has vertical fenestration that results in a total building vertical fenestration area exceeding that permitted by Section C402.4.1.1, the addition shall comply with Section C402.1.5 or C401.2.2 C407. C502.3.2 Skylight area. Skylights shall comply with the following: 1. Where an addition has new skylight area that results in a total building fenestration area less than or equal to that permitted by Section C402.4.1, the addition shall comply with Section C402.1.5 or C401.2.2 C407. 2. Where an addition has new skylight area that results in a total building skylight area greater than permitted by Section C402.4.1 or where additions have skylight area greater than that permitted by Section C402.4.1, the skylight area shall comply with Section C402.4.1.2 for the addition only. 3. Where an addition has skylight area that results in a total building skylight area exceeding that permitted by Section C402.4.1.2, the addition shall comply with Section C402.1.5 or C401.2.2 C407. C502.3.3 Building mechanical systems. New mechanical systems and equipment that are part of the addition and serve the building heating, cooling and ventilation needs shall comply with Sections C403 and C408. C502.3.4 Service water-heating systems. New service water-heating equipment, controls and service water- heating piping shall comply with Section C404. C502.3.5 Pools and inground permanently installed spas. New pools and inground permanently installed spas shall comply with Section C404.9. C502.3.6 Electrical power and Lighting systems. New lighting systems that are installed as part of the addition shall comply with Sections C405 and C408. C502.3.6.1 Interior lighting power. The total interior lighting power for the addition shall comply with Section C405.3.2 for the addition alone, or the existing building and the addition shall comply as a single building. C502.3.6.2 Exterior lighting power. The total exterior lighting power for the addition shall comply with Section C405.5.2 for the addition alone, or the existing building and the addition shall comply as a single building. C502.3.6.3 Renewable energy infrastructure. Additions with a new roof shall comply with section C405.15. Exceptions: 1. Additions where the new roof area is less than less than 600 square feet of roof area oriented between 110 degrees and 270 degrees of true north. 2. Additions that increase the conditioned floor area of the building by less than 10 percent. 3. Additions where an unshaded flat plate collector oriented towards the equator and tilted at an angle from horizontal equal to the latitude receives an annual daily average incident solar radiation less than 3.5 kWh/m²·day (1.1 kBtu/ft²·day). 4. Additions where more than 80 percent of the roof area is covered by any combination of equipment other than for on-site renewable energy systems, planters, vegetated space, skylights, or occupied roof deck. 5. Additions where more than 50 percent of roof area is shaded from direct beam sunlight by natural objects or by structures that are not part of the building for more than 2,500 annual hours between 8:00 AM and 4:00 PM. C502.3.6.4 Electric vehicle charging infrastructure. New parking facilities and new parking spaces added to existing parking facilities shall comply with Section C405.14 based on the number of new parking spaces. C502.3.7 Energy Reporting. Additions shall comply with section C405.12.9. SECTION C503 ALTERATIONS C503.1 General. Alterations to any building or structure shall comply with the requirements of Section C503. Alterations shall be such that the existing building or structure is not less conforming to the provisions of this code than the existing building or structure was prior to the alteration. Alterations to an existing building, building system or portion thereof shall conform to the provisions of this code as those provisions relate to new construction without requiring the unaltered portions of the existing building or building system to comply with this code. Alterations shall not create an unsafe or hazardous condition or overload existing building systems. Exception: The following alterations need not comply with the requirements for new construction, provided that the energy use of the building is not increased: 1. Storm windows installed over existing fenestration. 2. Surface-applied window film installed on existing single-pane fenestration assemblies reducing solar heat gain, provided that the code does not require the glazing or fenestration to be replaced. 3. Roof recover. 4. Roof replacement where roof assembly insulation is integral to or located below the structural roof deck. 5. Air barriers shall not be required for roof recover and roof replacement where the alterations or renovations to the building do not include alterations, renovations or repairs to the remainder of the building envelope. 6. An existing building undergoing alterations that complies with Section C401.2.2 C407. C503.2 Building thermal envelope. Alterations of existing building thermal envelope assemblies shall comply with this section. New building envelope assemblies that are part of the alteration shall comply with Sections C402.1 through C402.5 section C402. An area-weighted average U-factor for new and altered portions of the building thermal envelope shall be permitted to satisfy the U- factor requirements in Table C402.1.4. The existing R-value of insulation shall not be reduced or the U-factor of a building thermal envelope assembly be increased as part of a building thermal envelope alteration except where complying with Section C407. Exception: Where the existing building exceeds the fenestration area limitations of Section C402.4.1 prior to alteration, the building is exempt from Section C402.4.1 provided that there is not an increase in fenestration area. C503.2.1 Roof alterations replacement. Roof replacements shall comply with Section C402.1.3, C402.1.4, C402.1.5 or C407 where the existing roof assembly is part of the building thermal envelope and contains insulation entirely above the roof deck. In no case shall the R-value of the roof insulation be reduced or the U-factor of the roof assembly be increased as part of the roof replacement. Roof alterations shall comply with this section. C503.2.1.1 Roof insulation. Roof insulation complying with Section C402.1 and Section C402.2.1 or an approved design that minimizes deviation from the insulation requirements, shall be provided for the following roof alterations: 1. An alteration to roof-ceiling construction where there is no insulation above conditioned space, 2. Roof replacement for roofs with insulation entirely above deck, 3. Conversion of unconditioned attic space into conditioned space, 4. Replacement of ceiling finishes exposing cavities or surfaces of the roof-ceiling construction to which insulation can be applied. Roofs not constructed to currently adopted snow loads shall provide a report by a registered design professional or other approved source documenting the structure is capable of supporting loads associated with any changes required by this section. Where compliance with Section C402.1 cannot be met due to limiting conditions on an existing roof, the following shall be permitted to demonstrate compliance with the insulation requirements: 1. Construction documents that include a report by a registered design professional or other approved source documenting details of the limiting conditions affecting compliance with the insulation requirements. 2. Construction documents that include a roof design by a registered design professional or other approved source that minimizes deviation from the insulation requirements. C503.2.1.2 Roof and gutter deicing controls. Roof recover and roof replacement alterations with existing or new roof and gutter deicing systems shall have controls complying with C403.13.4 installed. C503.2.2 Vertical fenestration. The addition of vertical fenestration that results in a total building fenestration area less than or equal to that specified in Section C402.4.1 shall comply with Section C402.1.5, C402.4.3 or C401.2.2. C407. The addition of vertical fenestration that results in a total building fenestration area greater than Section C402.4.1 shall comply with Section C402.4.1.1 for the space adjacent to the new fenestration only. Alterations that result in a total building vertical fenestration area exceeding that specified in Section C402.4.1.1 shall comply with Section C402.1.5 or C402.2.2 C407. Provided that the vertical fenestration area is not changed, using the same vertical fenestration area in the standard reference design as the building prior to alteration shall be an alternative to using the vertical fenestration area specified in Table C407.4.1(1) ASHRAE 90.1 Appendix G. C503.2.2.1 Application to replacement fenestration products. Where some or all of an existing fenestration unit is replaced with a new fenestration product, including sash and glazing, the replacement fenestration unit shall meet the applicable requirements for U-factor and SHGC in Table C402.4. Exception: An area-weighted average of the U-factor of replacement fenestration products being installed in the building for each fenestration product category listed in Table C402.4 shall be permitted to satisfy the U-factor requirements for each fenestration product category listed in Table C402.4. Individual fenestration products from different product categories listed in Table C402.4 shall not be combined in calculating the area-weighted average U-factor. C503.2.3 Skylight area. New skylight area that results in a total building skylight area less than or equal to that specified in Section C402.4.1 shall comply with Section C402.1.5, C402.4 or C401.2.2 C407. The addition of skylight area that results in a total building skylight area greater than Section C402.4.1 shall comply with Section C402.4.1.2 for the space adjacent to the new skylights. Alterations that result in a total building skylight area exceeding that specified in Section C402.4.1.2 shall comply with Section C402.1.5 or C401.2.2 C407. Provided that the skylight area is not changed, using the same skylight area in the standard reference design as the building prior to alteration shall be an alternative to using the skylight area specified in Table C407.4.1(1). C503.2.4 Above-grade wall alterations. Above-grade wall alterations shall comply with the following: 1. Where wall cavities are exposed, the cavity shall be filled with cavity insulation complying with Section C303.1.4. New cavities created shall be insulated in accordance with Section C402.1 or an approved design that minimizes deviation from the insulation requirements. 2. Where exterior wall coverings and fenestration are added or replaced for the full extent of any exterior wall assembly on one or more elevations of the building, insulation shall be provided where required in accordance with one of the following: 2.1. An R-value of continuous insulation not less than that designated in Table C402.1.3 for the applicable above- grade wall type and existing cavity insulation R-value, if any; 2.2. An R-value of not less than that required to bring the above-grade wall into compliance with Table C402.1.2; or, 2.3. An approved design that minimizes deviation from the insulation requirements of Section C402.1. 3. Where Items 1 and 2 apply, the insulation shall be provided in accordance with Section C402.1. Where any of the above requirements are applicable, the above-grade wall alteration shall comply with Sections 1402.2 and 1404.3 of the International Building Code. C503.2.5 Floor alterations. Where an alteration to a floor or floor overhang exposes cavities or surfaces to which insulation can be applied, and the floor or floor overhang is part of the building thermal envelope, the floor or floor overhang shall be brought into compliance with Section C402.1 or an approved design that minimizes deviation from the insulation requirements. This requirement applies to floor alterations where the floor cavities or surfaces are exposed and unobstructed prior to construction. C503.2.6 Below-grade wall alterations. Where unconditioned below-grade space is changed to conditioned space, walls enclosing such conditioned space shall be insulated where required in accordance with Section C402.1. Where the below-grade space is conditioned space and where walls enclosing such space are altered, they shall be insulated where required in accordance with Section C402.1. C503.2.7 Air barrier. Altered building thermal envelope assemblies shall be provided with an air barrier in accordance with Section C402.5.1. Such air barrier need not shall be continuous with unaltered portions of the building thermal envelope to the extent feasible within the scope of work. Testing requirements of Section C402.5.1.2 shall not be required. C503.3 Heating and cooling systems. New heating, cooling and duct systems that are part of the alteration shall comply with Sections C403 and C408. C503.3.1 Economizers. New cooling systems that are part of alteration shall comply with Section C403.5. C503.3.2 Mechanical system acceptance testing. Where an alteration requires compliance with Section C403 or any of its subsections, mechanical systems that serve the alteration shall comply with Sections C408.2.2, C408.2.3 and C408.2.5. C503.4 Service hot water systems. New service hot water systems that are part of the alteration shall comply with Sections C404 and C408. C503.4.1 Service hot water system acceptance testing. Where an alteration requires compliance with Section C404 or any of its subsections, service hot water systems that serve the alteration shall comply with Sections C408.2.3 and C408.2.5. C503.5 Lighting systems. New lighting systems that are part of the alteration shall comply with Sections C405 and C408. Exception: Alterations that replace less than 10 percent of the luminaires in a space, provided that such alterations do not increase the installed interior lighting power. C503.6. New parking facilities. New parking facilities and new parking spaces added to existing parking facilities shall comply with Section C405.14 based on the number of new parking spaces. C503.7 Alterations to parking structure electrical service. Where the electrical service serving a parking garage is replaced, the electrical service shall be sized to provide capacity for the parking garage to meet the requirements of Section C405.14 as a new parking facility. C503.8 Energy Reporting. Level 3 alterations shall comply with section C405.12.9. SECTION C504 REPAIRS C504.1 General. Buildings and structures, and parts thereof, shall be repaired in compliance with Section C501.3 and this section. Work on nondamaged components that is necessary for the required repair of damaged components shall be considered to be part of the repair and shall not be subject to the requirements for alterations in this chapter. Routine maintenance required by Section C501.3, ordinary repairs exempt from permit and abatement of wear due to normal service conditions shall not be subject to the requirements for repairs in this section. Where a building was constructed to comply with ANSI/ASHRAE/IESNA 90.1, repairs shall comply with the standard and need not comply with Sections C402, C403, C404 and C405. C504.2 Application. For the purposes of this code, the following shall be considered to be repairs: 1. Glass-only replacements in an existing sash and frame. 2. Roof repairs. 3. Air barriers shall not be required for roof repair where the repairs to the building do not include alterations, renovations or repairs to the remainder of the building envelope. 4. Replacement of existing doors that separate conditioned space from the exterior shall not require the installation of a vestibule or revolving door, provided that an existing vestibule that separates a conditioned space from the exterior shall not be removed. 5. Repairs where only the bulb, the ballast or both within the existing luminaires in a space are replaced, provided that the replacement does not increase the installed interior lighting power. SECTION C505 CHANGE OF OCCUPANCY OR USE C505.1 General. Spaces undergoing a change in occupancy that would result in an increase in demand for either fossil fuel or electrical energy shall comply with this code. Where the use in a space changes from one use in Table C405.3.2(1) or C405.3.2(2) to another use in Table C405.3.2(1) or C405.3.2(2), the installed lighting wattage shall comply with Section C405.3. Where the space undergoing a change in occupancy or use is in a building with a fenestration area that exceeds the limitations of Section C402.4.1, the space is exempt from Section C402.4.1 provided that there is not an increase in fenestration area. Exceptions: 1. Where the component performance alternative in Section C402.1.5 is used to comply with this section, the proposed UA shall not be greater than 110 percent of the target UA. 2. Where the total building performance option in Section C407 is used to comply with this section, the annual energy cost of the proposed design shall not be greater than 110 percent of the annual energy cost otherwise permitted by Section C407.3. APPENDIX CD: Renewable Energy Mitigation Program (REMP) CD101.1 REMP. Buildings and exterior energy uses shall comply with IECC-Residential Provisions Appendix RD Renewable Energy Mitigation Program (REMP) as applicable. 2021 INTERNATIONAL ENERGY CONSERVATION CODE® CHAPTER 6 [CE] REFERENCED STANDARDS User note: About this chapter: Chapter 6 lists the full title, edition year and address of the promulgator for all standards that are referenced in the code. The section numbers in which the standards are referenced are also listed. This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgat- ing agency of the standard, the standard identification, the effective date and title, and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 108. AAMA American Architectural Manufacturers Association 1827 Walden Office Square Suite 550 Schaumburg, IL 60173-4268 AAMA/WDMA/CSA 101/I.S.2/A C440—17: North American Fenestration Standard/Specifications for Windows, Doors and Unit Skylights Table C402.5.5 AHAM Association of Home Appliance Manufacturers 1111 19th Street NW, Suite 402 Washington, DC 20036 ANSI/AHAM RAC-1—2015: Room Air Conditioners Table C403.3.2(4) AHRI Air-Conditioning, Heating, & Refrigeration Institute 2111 Wilson Blvd, Suite 500 Arlington, VA22201 210/240—2017 and 2023: Performance Rating of Unitary Air-conditioning and Air-source Heat Pump Equipment Table C403.3.2(1), Table C403.3.2(2) 310/380—2017 (CSA-C744-17): Packaged Terminal Air Conditioners and Heat Pumps Table C403.3.2(4) 340/360—2019: Performance Rating of Commercial and Industrial Unitary Air-conditioning and Heat Pump Equipment Table C403.3.2(1), Table C403.3.2(2) 365(I-P)—2009: Commercial and Industrial Unitary Air-conditioning Condensing Units Table C403.3.2(1) 390 (I-P)—2003: Performance Rating of Single Package Vertical Air-conditioners and Heat Pumps Table C403.3.2(3) 400 (I-P)—2015: Performance Rating of Liquid to Liquid Heat Exchangers C403.3.2 440—2008: Performance Rating of Room Fan Coils—with Addendum 1 C403.12.3 460—2005: Performance Rating of Remote Mechanical-draft Air-cooled Refrigerant Condensers Table C403.3.2(7) 550/590 (I-P)—2018: Performance Rating of Water-chilling and Heat Pump Water-heating Packages Using the Vapor Compression Cycle Table C403.3.2(3), Table C403.3.2(15) 560—2018: Absorption Water Chilling and Water Heating Packages Table C403.3.2(3) 910—2014: Performance Rating of Indoor Pool Dehumidifiers Table C403.3.2(11) C6-1 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® AHRI—continued 920—2015: Performance Rating of DX-Dedicated Outdoor Air System Units Table C403.3.2(12) , Table C403.3.2(13) 1160 (I-P) —2014: Performance Rating of Heat Pump Pool Heaters (with Addendum 1) Table C404.2 1200 (I-P)—2013: Performance Rating of Commercial Refrigerated Display Merchandisers and Storage Cabinets Table C403.11.1 1230—2014: Performance Rating of Variable Refrigerant Flow (VRF) Multi-split Air-Conditioning and Heat Pump Equipment (with Addendum 1) Table C403.3.2(9) 1250 (I-P)—2014: Standard for Performance Rating in Walk-in Coolers and Freezers Table C403.11.2.1(3) 1360—2017: Performance Rating of Computer and Data Processing Room Air Conditioners Table C403.3.2(10) , Table C403.3.2(16) ISO/AHRI/ASHRAE 13256-1 (2012): Water-to-Air and Brine-to-Air Heat Pumps—Testing and Rating for Performance Table C403.3.2(14) AMCA Air Movement and Control Association International 30 West University Drive Arlington Heights, IL 60004-1806 208—18: Calculation of the Fan Energy Index C403.8.3 220—19: Laboratory Methods of Testing Air Curtain Units for Aerodynamic Performance Rating C402.5.9 230—15: Laboratory Methods of Testing Air Circulating Fans for Rating and Certification C403.9 500D—18: Laboratory Methods for Testing Dampers for Rating C403.7.7 ANSI American National Standards Institute 25 West 43rd Street, 4th Floor New York, NY 10036 Z21.10.3/CSA 4.3—17: Gas Water Heaters, Volume III—Storage Water Heaters with Input Ratings Above 75,000 Btu per Hour, Circulating Tank and Instantaneous Table C404.2 Z21.47/CSA 2.3—16: Gas-fired Central Furnaces Table C403.3.2(4) Z83.8/CSA 2.6—16: Gas Unit Heaters, Gas Packaged Heaters, Gas Utility Heaters and Gas-fired Duct Furnaces Table C403.3.2(4) APSP Pool & Hot Tub Alliance (formerly the Association of Pool and Spa Professionals 2111 Eisenhower Avenue, Suite 580 Alexandria, VA 22314 14—2019: American National Standard for Portable Electric Spa Energy Efficiency C404.7 ASABE American Society of Agricultural and Biological Engineers 2950 Niles Road St. Joseph, MI 49085 S640—2017: Quantities and Units of Electromagnetic Radiation for Plants (Photosynthetic Organisms) C405.4 C6-2 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® ASHRAE ASHRAE 180 Technology Parkway NW Peachtree Corners, GA 30092 55—2017: Thermal Environmental Conditions for Human Occupancy Table C407.4.1(1) 90.1—2019: Energy Standard for Buildings Except Low-rise Residential Buildings C402.1.4, C406.2 90.4—2016: Energy Standard for Data Centers C403.1.2 , C405.2.4 140—2014: Standard Method of Test for the Evaluation of Building Energy Analysis Computer Programs C407.5.1 146—2011: Testing for Rating Pool Heaters Table C404.2 ANSI/ASHRAE/ACCA Standard 183—(RA2017): Peak Cooling and Heating Load Calculations in Buildings, Except Low-rise Residential Buildings C403.1.1 ASHRAE—2020: HVAC Systems and Equipment Handbook—2020 C403.1.1 ISO/AHRI/ASHRAE 13256-1 (2012): Water-to-Air and Brine-to-Air Heat Pumps—Testing and Rating for Performance Table C403.3.2(14) ISO/AHRI/ASHRAE 13256-2 (2012): Water-to-Water and Brine-to-Water Heat Pumps—Testing and Rating for Performance Table C403.3.2(14) ASME American Society of Mechanical Engineers Two Park Avenue New York, NY 10016-5990 ASME A17.1—2019/CSA B44—19: Safety Code for Elevators and Escalators C405.9.2 ASTM ASTM International 100 Barr Harbor Drive, P.O. Box C700 West Conshohocken, PA 19428-2959 C90—2016A: Specification for Load-bearing Concrete Masonry Units Table C402.1.3 C1363—11: Standard Test Method for Thermal Performance of Building Materials and Envelope Assemblies by Means of a Hot Box Apparatus C303.1.4.1, Table C402.1.4, 402.2.7 C1371—15: Standard Test Method for Determination of Emittance of Materials Near Room Temperature Using Portable Emissometers Table C402.3 C1549—2016: Standard Test Method for Determination of Solar Reflectance Near Ambient Temperature Using a Portable Solar Reflectometer Table C402.3 D1003—13: Standard Test Method for Haze and Luminous Transmittance of Transparent Plastics C402.4.2.2 D8052/D8052M—2017: Standard Test Method for Quantification of Air Leakage in Low-Sloped Membrane Roof Assemblies C402.5.2.1.2 E283—2004(2012): Test Method for Determining the Rate of Air Leakage Through Exterior Windows, Curtain Walls and Doors Under Specified Pressure Differences Across the Specimen C402.5.2.1.2, Table C402.5.5, C402.5.11 E408—13: Test Methods for Total Normal Emittance of Surfaces Using Inspection-meter Techniques Table C402.3 C6-3 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® ASTM—continued E779—10(2018): Standard Test Method for Determining Air Leakage Rate by Fan Pressurization C402.5.3, C402.5.4, C406.9 E903—2012: Standard Test Method Solar Absorptance, Reflectance and Transmittance of Materials Using Integrating Spheres (Withdrawn 2005) Table C402.3 E1677—11: Specification for Air Barrier (AB) Material or Systems for Low-rise Framed Building Walls C402.5.2.1.2 E1827—2011(2017): Standard Test Methods for Determining Airtightness of Building Using an Orifice Blower Door C402.5.3, C402.5.4, C406.9 E1918—06(2016): Standard Test Method for Measuring Solar Reflectance of Horizontal or Low-sloped Surfaces in the Field Table C402.3 E1980—11: Standard Practice for Calculating Solar Reflectance Index of Horizontal and Low-sloped Opaque Surfaces Table C402.3 E2178—13: Standard Test Method for Air Permanence of Building Materials C402.5.2.1.1 E2357—2018: Standard Test Method for Determining Air Leakage of Air Barriers Assemblies C402.5.2.1.2 F1281—2017: Specification for Cross-linked Polyethylene/Aluminum/Cross-linked Polyethylene (PEX-AL_PEX) Pressure Pipe Table C404.5.2.1 F1361—2017: Standard Test Method for Performance of Open Deep Fat Fryers Table C406.12(1) F1484—2018: Standard Test Method for Performance of Steam Cookers Table C406.12(2) F1495—2014a: Standard Specification for Combination Oven Electric or Gas Fired Table C406.12(4) F1496—2013: Standard Test Method for Performance of Convection Ovens Table C406.12(4) F1696—2018: Standard Test Method for Energy Performance of Stationary-Rack, Door-Type Commercial Dishwashing Machines Table C406.12(3) F1920—2015: Standard Test Method for Performance of Rack Conveyor Commercial Dishwashing Machines Table C406.12(3) F2093—2018: Standard Test Method for Performance of Rack Ovens Table C406.12(4) F2144—2017: Standard Test Method for Performance of Large Open Vat Fryers Table C406.12(1) F2861—2017: Standard Test Method for Enhanced Performance of Combination Oven in Various Modes Table C406.12(4) CRRC Cool Roof Rating Council 2435 North Lombard Street Portland, OR 97217 ANSI/CRRC-S100—2020: Standard Test Methods for Determining Radiative Properties of Materials Table C402.3, C402.3.1 CSA CSA Group 8501 East Pleasant Valley Road Cleveland, OH 44131-5516 AAMA/WDMA/CSA 101/I.S.2/A440—17: North American Fenestration Standard/Specification for Windows, Doors and Unit Skylights Table C402.5.5 CSA B55.1—2015: Test Method for Measuring Efficiency and Pressure Loss of Drain Water Heat Recovery Units C404.7 CSA B55.2—2015: Drain Water Heat Recovery Units C404.7 C6-4 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® CTI Cooling Technology Institute P. O. Box 681807 Houston, TX 77268 ATC 105—2019: Acceptance Test Code for Water Cooling Tower Table C403.3.2(7) ATC 105DS—2018: Acceptance Test Code for Dry Fluid Coolers Table C403.3.2(7) ATC 105S—11: Acceptance Test Code for Closed Circuit Cooling Towers Table C403.3.2(7), Table C403.3.2(8) ATC 106—11: Acceptance Test for Mechanical Draft Evaporative Vapor Condensers Table C403.3.2(7), Table C403.3.2(8) CTI STD 201 RS(17): Performance Rating of Evaporative Heat Rejection Equipment Table C403.3.2(7), Table C403.3.2(8) DASMA Door & Access Systems Manufacturers Association, International 1300 Sumner Avenue Cleveland, OH 44115-2851 105—2017: Test Method for Thermal Transmittance and Air Infiltration of Garage Doors and Rolling Doors C303.1.3, Table C402.5.5 DOE US Department of Energy c/o Superintendent of Documents 1000 Independence Avenue SW Washington, DC 20585 10 CFR, Part 430—2015: Energy Conservation Program for Consumer Products: Test Procedures and Certification and Enforcement Requirement for Plumbing Products; and Certification and Enforcement Requirements for Residential Appliances; Final Rule Table C403.3.2(1), Table C403.3.2(2), Table C403.3.2(5), Table C403.3.2(6), Table C403.3.2(14), Table C404.2 10 CFR, Part 431—2015: Energy Efficiency Program for Certain Commercial and Industrial Equipment: Test Procedures and Efficiency Standards; Final Rules Table C403.3.2(6), C403.8.4, C403.11, C403.11.1, Table C403.11.1, C403.11.2, C405.7, Table C405.7, C405.8, Table C405.8(1), Table C405.8(2), Table C405.8(3), Table C405.8(4) ICC International Code Council, Inc. 500 New Jersey Avenue NW 6th Floor Washington, DC 20001 IBC—21: International Building Code® C201.3, C303.2, C402.5.6, C501.2 ICC 500—2020: Standard for the Design and Construction of Storm Shelters C402.4.2 IFC—21: International Fire Code® C201.3, C501.2 IFGC—21: International Fuel Gas Code® C201.3, C501.2 IMC—21: International Mechanical Code® C403.2.2, C403.6, C403.6.6, C403.7.1, C403.7.2, C403.7.4.2, C403.7.5, C403.7.7, C403.12.1, C403.12.2.1, C403.12.2.2, C406.6, C501.2 IPC—21: International Plumbing Code® C201.3, C501.2 IPMC—21: International Property Maintenance Code® C501.2 IPSDC—21: International Private Sewage Disposal Code® C501.2 C6-5 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® IEEE Institute of Electrical and Electronic Engineers 3 Park Avenue, 17th Floor New York, NY 10016 IEEE 515.1—2012: IEE Standard for the Testing, Design, Installation, and Maintenance of Electrical Resistance Trace Heating for Commercial Applications C404.6.2 IES Illuminating Engineering Society 120 Wall Street, 17th Floor New York, NY 10005-4001 ANSI/ASHRAE/IESNA 90.1—2019: Energy Standard for Buildings, Except Low-rise Residential Buildings C401.2, Table C402.1.3, Table C402.1.4, C406.2, C502.1, C503.1, C504.1 ISO International Organization for Standardization Chemin de Blandonnet 8, CP 401, 1214 Vernier Geneva, Switzerland ISO/AHRI/ASHRAE 13256-1(: 2017): Water-to-Air and Brine-to-Air Heat Pumps—Testing and Rating for Performance Table C403.3.2(14) ISO/AHRI/ASHRAE 13256-2(2017): Water-to-Water and Brine-to-Water Heat Pumps—Testing and Rating for Performance Table C403.3.2(14) NEMA National Electrical Manufacturers Association 1300 North 17th Street, Suite 900 Rosslyn, VA 22209 MG1—2016: Motors and Generators C202 NFPA National Fire Protection Association 1 Batterymarch Park Quincy, MA 02169-7471 70—20: National Electrical Code C501.2 NFRC National Fenestration Rating Council, Inc. 6305 Ivy Lane, Suite 140 Greenbelt, MD 20770 100—2020: Procedure for Determining Fenestration Products U-factors C303.1.3, Table 402.1.4, C402.2.1.5, C402.4.1.1 200—2020: Procedure for Determining Fenestration Product Solar Heat Gain Coefficients and Visible Transmittance at Normal Incidence C303.1.3, C402.4.1.1 203—2017: Procedure for Determining Translucent Fenestration Product Visible Transmittance at Normal Incidence C303.1.3 400—2020: Procedure for Determining Fenestration Product Air Leakage Table C402.5.5 SMACNA Sheet Metal and Air Conditioning Contractors’ National Association, Inc. 4021 Lafayette Center Drive Chantilly, VA 20151-1219 SMACNA—2012: HVAC Air Duct Leakage Test Manual Second Edition C403.12.2.3 C6-6 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 REFERENCED STANDARDS 2021 INTERNATIONAL ENERGY CONSERVATION CODE® UL UL LLC 333 Pfingsten Road Northbrook, IL 60062-2096 710—12: Exhaust Hoods for Commercial Cooking Equipment—with Revisions through November 2013 C403.7.5 727—18: Oil-fired Central Furnaces Table C403.3.2(4), Table C403.3.2(5) 731—18: Oil-fired Unit Heaters Table C403.3.2(5) 1784—15: Air Leakage Tests of Door Assemblies—with Revisions through February 2015 C402.5.6, C402.5.7 US-FTC United States-Federal Trade Commission 600 Pennsylvania Avenue NW Washington, DC 20580 CFR Title 16 (2015): R-value Rule C303.1.4 WDMA Window and Door Manufacturers Association 2025 M Street NW, Suite 800 Washington, DC 20036-3309 AAMA/WDMA/CSA 101/I.S.2/A440—17: North American Fenestration Standard/Specification for Windows, Doors and Unit Skylights Table C402.5.5 C6-7 Copyright © 2020 ICC. ALL RIGHTS RESERVED. Accessed by Nick Thompson (nick.thompson@cityofaspen.com), (City of Aspen) Order Number #101028466 on Feb 16, 2021 02:26 PM (PST) pursuant to License Agreement with ICC. No further reproduction, no further reproductions by any third party, or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES THEREUNDER. 101028466 City of Aspen Residential Projects RREMP Calculation Complete and submit this page for Residential projects. Project Address: Permit Number: 1. Energy Use Calculations Application Efficiency % Offset PV kW Payment in lieu 1. Hydronic Snowmelt 100 sq. ft.95.0%8,286,300 1.70 n/a Calculated - Total area of proposed hydronic snowmelt and heat source efficiency. (1a) Exempt Hydronic Snowmelt: 0 sq. ft. 92.0% - 0.00 n/a Enter area of exempt snowmelt (hydronic and/or electric). COA to verify. (1b) Non-Exempt Hydronic Snowmelt: 100 sq. ft. 95.0%8,286,300 1.70 100%1.70 $5,538.86 Enter total area of hydronic snowmelt less the exempt area. 2. Outdoor Spa (APSP-14 compliant):0 sq. ft. 92.0% - 0.00 n/a Calculated - Total area of proposed spa and heat source efficiency. (2a) Exempt Spa: 0 sq. ft. 92.0% - 0.00 n/a Enter total area of exempt spa (64 sq. ft. max) COA to verify. (2b) Non-Exempt Spa: 0 sq. ft. 92.0%- 0.00 100%0.00 $0.00 Enter total area of spa less the exempt area. 3. Outdoor Pool (APSP-14 compliant):0 sq. ft. 92.0%- 0.00 100%0.00 $0.00 Enter total area of proposed pool. 4. Heat Tape:2000 Watts 100.0% 10,665,912 2.08 n/a Calculated - Total watts of proposed heat tape/trace. (4a) Exempt Heat Tape: 1,000 Watts 100.0% 5,332,956 1.04 n/a Enter watts of exempt electrical heat tape/trace (1kw max) COA to verify. (4b) Non-Exempt Heat Tape: 1,000 Watts 100.0%5,332,956 1.04 100%1.04 $3,386.50 Enter total wattage of heat tape/trace less the exempt wattage. 5. Outdoor Electric Heat Mats:0 Watts 100.0% - 0.00 100% Calculated - Total watts of proposed heat mats. (5a) Exempt Heat Tape: 0 Watts 100.0% - 0.00 n/a Enter watts of exempt electrical heat mats COA to verify. (5b) Non-Exempt Heat Tape: Watts 100.0%- 0.00 n/a 0.00 $0.00 Enter total wattage of heat tape/trace less the exempt wattage. 6. Outdoor Electric Heaters:Watts 100.0%- 0.00 100%0.00 $0.00 Enter watts of electricaly powered exterior heaters. 7. Outdoor Gas-Fired Heaters:0 Btu/hr 92.0%- 0.00 100%0.00 $0.00 Enter total gas heater BTUs. 8. Outdoor Gas Fireplaces & Firepits:Btu/hr 92.0%- 0.00 100%0.00 $0.00 Enter total fireplace & firepit BTUs. 9. Indoor Gas Fireplaces:50,000 Btu/hr 92.0%18,200,000 3.87 100%3.87 $12,562.23 Enter total fireplace BTUs. Direct vent - sealed combustion units only. Offset requiredAnnual Use BTU Full Offset kW City of Aspen Commercial Projects CREMP Calculation Complete and submit this page for Residential projects. Project Address: Permit Number: 1. Energy Use Calculations Application Efficiency % Offset PV kW Payment in lieu 1. Hydronic Snowmelt 0 sq. ft.92.0%- 0.00 n/a Calculated - Total area of proposed snowmelt and heat source efficiency. (1a) Exempt Snowmelt: 0 sq. ft. 92.0% - 0.00 n/a Enter area of exempt snowmelt (hydronic and/or electric). COA to verify. (1b) Non-Exempt Hydronic Snowmelt: 0 sq. ft. 100.0%- 0.00 100%0.00 $0.00 Enter total area of hydronic snowmelt less the exempt area. 2. Outdoor Spa (APSP-14 compliant):0 sq. ft. 92.0% - 0.00 n/a Calculated - Total area of proposed spa and heat source efficiency. (2a) Exempt Spa: 0 sq. ft. 92.0% - 0.00 n/a Enter total area of exempt spa (64 sq. ft. max) COA to verify. (2b) Non-Exempt Spa: 0 sq. ft. 92.0%- 0.00 100%0.00 $0.00 Enter total area of spa less the exempt area. 3. Outdoor Pool (APSP-14 compliant):0 sq. ft. 92.0%- 0.00 100%0.00 $0.00 Enter total area of proposed pool. 4. Heat Tape:0 Watts 100.0% - 0.00 n/a Calculated - Total watts of proposed heat tape/trace. (4a) Exempt Heat Tape: 0 Watts 100.0% - 0.00 n/a Enter watts of exempt electrical heat tape/trace (1kw max). (4b) Non-Exempt Heat Tape: 0 Watts 100.0%- 0.00 100%0.00 $0.00 Enter total wattage of heat tape/trace less the exempt wattage. 5. Outdoor Electric Heat Mats:0 Watts 100.0% - 0.00 100% Calculated - Total watts of proposed heat mats. (5a) Exempt Heat Tape: 0 Watts 100.0% - 0.00 n/a Enter watts of exempt electrical heat mats COA to verify. (5b) Non-Exempt Heat Tape: 0 Watts 100.0%- 0.00 n/a 0.00 $0.00 Enter total wattage of heat tape/trace less the exempt wattage. 6. Outdoor Electric Heaters:24,000 Watts 100.0%82,706,880 16.16 100%16.16 $52,520.00 Enter watts of electricaly powered exterior heaters. 7. Outdoor Gas-Fired Heaters:Btu/hr 92.0%- 0.00 100%0.00 $0.00 Enter total gas heater BTUs. 8. Outdoor Gas Fireplaces & Firepits:Btu/hr 92.0%- 0.00 100%0.00 $0.00 Enter total fireplace & firepit BTUs. 9. Indoor Gas Fireplaces:0 Btu/hr 92.0%- 0.00 100%0.00 $0.00 Enter total fireplace BTUs. Direct vent - sealed combustion units only. Total Exterior Annual Energy Use (uncapped):82,706,880 Exterior Energy CREMP Payment Total: 16.16 $52,520.00 Interior Energy CREMP Payment Total: 0.00 $0.00 Annual Use BTU Full Offset kW Offset required City of Aspen Energy Modeling Author: Chris Pearson Reviewed by: August Hasz 2022.12.28 Key Findings: · Increasing insulation, limiting infiltration, and decreasing SHGC of windows is reaching diminishing returns but it does still provide a small reduction in heating and cooling loads. · Providing some or all heating with heat pumps has a significant reduction in energy consumption and emissions. · Limiting AV loads, humidification and large exterior loads (pools, spas, snowmelt) could have significant impact in reducing energy consumption and emissions. · When the global warming potential of natural gas leakage during extraction and transmission is accounted for electric systems are the clear winner in reducing emissions. · As Holy Cross Energy transitions to 100% renewable sources all-electric systems will approach zero emissions. All-electric systems can already achieve near zero emissions by sourcing energy from Aspen Utility today. · A 30% glazing percentage cap would have no effect on either of the buildings modeled in this excercise, but could have an impact on reducing heating and cooling loads for highly glazed buildings. We modeled two example homes which have been or will soon be permitted in the City of Aspen. One is approximately 5500ft2 and the other 7000ft. We modeled these homes with building envelope constructions meeting current 2015 IECC codes as amended by Aspen and again to meet 2021 IECC standards with proposed City of Aspen amendments, including an additional case with a 200,000 kBtuh annual cap on exterior energy usage that only affects to the larger building. Construction Parameter Run #1 - 2015 IECC* Run #2 – 2021 IECC* Roof R-value 49 60 Exterior Wall R-value 20+5ci 20+20ci Basement Wall R-value 13+5ci 13+10ci Window U-value 0.28 0.26 Infiltration ACH 0.15 0.075 Window SHGC Limit 0.4 0.35 * Including City of Aspen amendments Annual energy consumption from each of the model runs were used to estimate eCO2 emissions for the three design cases with varying electrification levels: 1. Gas a. 95% efficient gas boiler for space heating, DHW, pool and spa heating and snowmelt. b. Cooling provided with COP ranging from 2.5 – 4.2 2. Heat Pump & Gas a. Heat Pump used for space heating and cooling with COP ranging from 1.5 – 3.2 in heating and 2.5 – 4.2 in cooling. b. 95% efficient gas boiler for DHW, pool and spa heating and snowmelt. 3. All-Electric a. Heat Pump used for all heating and cooling loads. Average COP of 2.2 assumed for pool, spa and snowmelt. CO2 impacts for Natural Gas and Electricity The EPA reports the CO2 coefficient of natural gas to be 0.0551 kg CO2 per cubic ft of natural gas. This equals 0.117 lbs of CO2 per kBtuh. Accounting for leakage of methane during extraction and transmission of natural gas increases the equivalent CO2 (eCO2). The specific impact of leakage is unknown and varies widely by location. The lowest published value is that of the EPA at 1.4%, with values from other studies ranging as high as 12%. Using the lower end value from the EPA of 1.4% the eCO2 becomes 0.137 lbs of eCO2 per kBtuh. Holy Cross Energy provides 81% of electricity accounts in Aspen with an emissions rate of 0.26 lbs of eCO2 per kBtuh. Holy Cross Energy plans to provide 100% of their energy from clean/renewable energy sources by 2030 so that emissions rate will approach zero as they move towards achieving that goal. The remaining 19% of electricity accounts in Aspen are provided by Aspen Utility, who already has achieved 100% clean/renewable energy sources resulting in a near negligible emissions rate of 0.001 lbs of eCO2 per kBtuh (with emissions coming from landfill gas). Each model and design case has eCO2 emissions estimated for electricity provided from both Holy Cross Energy (HCE) and Aspen Utility (AU). Modeling Results Model #1 Model Details: · 5700 sqft conditioned area · 1000 sqft snowmelt area · No pool or spa · Single family – 4 full time residents (assumed) · 27% above ground window to wall ratio · Standard lighting density 1 W/sqft Figure 1: 5700sqft Model The chart below shows the estimated energy loads for the two different model runs with varying building envelope constructions. With heat pump efficiency applied, the energy consumption is reduced to the levels in the chart below. 58,295 58,295 77,232 49,824 58,467 64,672 40,080 40,080 81,700 81,700 315,774 294,571 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 2015 IECC* 2021 IECC*Energy Load (kBtuh)Energy Load Model #1 - 5700sqft Lights/Appliances Heating Cooling DHW Snowmelt 58,295 58,295 26,484 17,037 13,472 14,998 18,218 18,218 37,136 37,136 153,605 145,684 0 50,000 100,000 150,000 200,000 250,000 2015 IECC* 2021 IECC*Energy Consumption (kBtuh)Energy Consumed w/ HP Model #1 - 5700sqft Lights/Appliances Heating Cooling DHW Snowmelt Estimated eCO2 emissions for the varying electrification levels and electrical utility providers are shown in the chart below. Model #2 Model Details: · 7150 sqft conditioned area · 3500 sqft snowmelt area (limited to 1965sqft by 2021 cap) · 500 sqft pool (eliminated by 2021 cap) · 92 sqft spa · Single family - 4 full time residents (assumed) · 25% above ground window to wall ratio · Standard lighting density 1 W/sqft - 10,000 20,000 30,000 40,000 50,000 60,000 Gas (HCE)Heat Pump & Gas (HCE)All-electric (HCE)Gas (AU)Heat Pump & Gas (AU)All-electric (AU)Gas (HCE)Heat Pump & Gas (HCE)All-electric (HCE)Gas (AU)Heat Pump & Gas (AU)All-electric (AU)2015 IECC*2021 IECC*lbs CO2eCO2 Emissions Model #1 - 5700sqft Lights/Appliances Heating Cooling DHW Snowmelt Figure 2: 7150sqft Model The chart below shows the estimated energy loads for the two different model runs with varying building envelope constructions. A third case is reported with the 2021 IECC* model results including a 200,000 kBtu limit on exterior energy use. The pool is removed and the snowmelt area is reduced to meet the exterior energy use cap for this case. With heat pump efficiency applied, the energy consumption is reduced to the levels in the chart below. 73,387 73,387 73,387 62,184 36,291 36,291 41,274 48,825 48,825 40,080 40,080 40,080 166,000 166,000 0 39,468 39,468 39,468 285,950 285,950 160,532 708,343 690,001 398,583 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 2015 IECC* 2021 IECC* 2021 IECC* (w/ Exterior Energy Cap)Energy Load (kBtuh)Energy Load Model #2 - 7150 sqft Lights/Appliances Heating Cooling DHW Pool Spa Snowmelt 73,387 73,387 73,387 33,724 19,936 19,936 8,331 9,634 9,634 18,218 18,218 18,218 75,455 75,455 0 17,940 17,940 17,940 129,977 129,977 72,969 357,032 344,547 212,084 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 2015 IECC* 2021 IECC* 2021 IECC* (w/ Exterior Energy Cap)Energy Consumption (kBtuh)Energy Consumed w/ HP Model #2 - 7150 sqft Lights/Appliances Heating Cooling DHW Pool Spa Snowmelt Estimated eCO2 emissions for the varying electrification levels and electrical utility providers are shown in the chart below. - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 Gas (HCE)Heat Pump & Gas (HCE)All-electric (HCE)Gas (AU)Heat Pump & Gas (AU)All-electric (AU)Gas (HCE)Heat Pump & Gas (HCE)All-electric (HCE)Gas (AU)Heat Pump & Gas (AU)All-electric (AU)Gas (HCE)Heat Pump & Gas (HCE)All-electric (HCE)Gas (AU)Heat Pump & Gas (AU)All-electric (AU)2015 IECC* 2021 IECC* 2021 IECC* (w/ Exterior Energy Cap)lbs CO2eCO2 Emissions Model #2 - 7150 sqft Lights/Appliances Heating Cooling DHW Pool Spa Snowmelt Window to Wall Ratio Cap: The 7150sqft house was designed with a 25% above ground window to wall ratio. The model was re-run with additional windows added to simulate an identical house with 30% and 40% above ground window to wall ratios. Figure 3: 25% Window to wall ratio Figure 4: 30% Window to wall ratio Figure 5: 40% Window to wall ratio The chart below shows the estimated heating and cooling loads for the model with three different glazing percentages. Modeling Observations: By increasing the insulation value of the building envelope constructions and limiting outside air leakage with a tight envelope the heat loss during cold winter hours is significantly reduced and the peak heat gain during the hottest summer hours are also reduced, as expected. However, our models are showing that the total heat gain over the year is increased so the total energy load over the year is not reduced significantly. In a typical year in the Aspen climate zone the outside air temperature is only greater than 75°F about 4% of the hours of the year so most of the times when cooling is required, the heat loss through windows and outside air infiltration would provide free cooling for the building. This model does not include the effects of ventilation, blinds being closed to block out solar gain, or cooling provided by occupants opening windows when the outside air temperature is cooler than setpoint, all of which would improve the heat gain numbers and increase the benefits of a tighter building envelope and higher insulation values. Heat pumps operate more efficiently in cooling. It is beneficial to shift more of the energy load from heating to cooling as the actual energy consumption of the equipment will be lower when providing high efficiency cooling at times when outside air temperatures are warm rather than low efficiency heating when outside air temperatures are extremely cold. Gas has the highest eCO2 emissions when the global warming potential (GWP) of leakage is accounted for. Conservative values were used for leakage and GWP of methane so the emissions are likely considerably higher for gas than shown in this report. Switching from gas to heat pump results in a small decrease in eCO2 emissions for the buildings modeled, even when power is provided by Holy Cross Energy with their current energy source mix. Switching to heat pump or all-electric will result in significantly lower or near zero CO2 emissions for buildings with power provided by Aspen Utility, and as Holy Cross Energy approaches their goal of 100% clean/renewable energy sources these electric systems should approach zero CO2 emissions as well. 36,291 39,161 45,272 48,825 54,253 67,746 85,116 93,414 113,018 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 25% 30% 40%Energy Load (kBtuh)Above Ground Window to Wall Ratio Energy Load Model #2 - 7150 sqft Heating Cooling Summary of Stakeholder Feedback Events Held • 11/15/22, 11/17/22 Small Group Stakeholder Meetings • 12/14/22 Public Open House • 12/25/22 Building Code Board of Appeals Meeting Attendees • Contractors: Boone Caudill, Sam Barney, Jodi Smith • Architects: Dave Rybak, Scott McHale, Ben Koons, Sarah Broughton, Richard DeCampo, Will Otte, Craig Lawrence, Anne Grice, Whitney Noland, Gert Van Moorsel • Engineers: Taylor Critchlow, Mike Suhrbier, Bill Larson, Brent Schumacher, Brandon Chaulk • Energy Raters: Mark McClain Big picture • Need to focus on reducing loads, especially amenity loads. Offsetting and electrification are not realistic until loads are drastically reduced. Amenity loads like oxygen systems, dehumidification, cooling for A/V and IT systems, etc. are huge- how can they be addressed/reduced? • Keep the process simple keep it simple. Use rewards/incentives rather than punitive measures • Importance of education so the entire development community understands the building science behind the new requirements Glazing • 0.22 glazing too restrictive. Require Triple Pane with low e coating on at least one surface and set a U factor backstop closer to 0.26 or 0.25 • 30% glazing is going to be unpopular and people will want an alternative path. • 30% glazing is still plenty for avant-garde contemporary designs • 30% glazing requirement will save clients money • Unanimous agreement that SHGC should be regulated. 0.35 or 0.40. Otherwise AC is running during the winter, even with 30% glazing. • Consider a modeled alternative path to both the % glazing and the SHGC restrictions that demonstrates equivalent or better UA and heating & cooling loads (passive design). Ventilation/air sealing • Require all fireplaces to be sealed combustion units to eliminate make up air. • Distribute OA to all bedrooms. This will make oxygenation not make sense which will reduce loads. • Asked about dryer makeup air needs with 1.5ach. Didn’t seem concerned. • Find a way to reduce kitchen hood ventilation rates to reduce make up air (reduce tempering load). • Delete duct testing requirement for ducts inside thermal envelope- it’s nearly impossible to do with such big systems. • Get dwelling air testing requirements – not just whole building Electrification • Expedited and phased is a big incentive and will get people to do it • Incentivize GSHP • Should include alterations in incentives • Ok to require cooling to be heat pump for forced air heating but not for in-floor heat. • Multifamily is easy. Just allow common gas preheating. Performance Paths • Hard to trust HERS or other performance calculations with these complicated amenity systems REMP • Cap snowmelt and pools as much as possible. Those loads are so big and so difficult to electrify. Controls are only so good- sensors fail and no one notices. • Reexamine solar hot water credit vs. PV; solar hot water is great for pools and DHW. Solar ready • Give exemptions for tree shading • Include solar hot water; it’s great for pools and DHW. Alterations • Measuring % of thermal envelope replaced is going to be problematic and a burden for all involved. Find a better threshold measurement. • Space heating and water heating are typically the same system- trigger should include them together. Commissioning • Yes to commissioning. Equipment and system efficiencies are really good on paper. We need commissioning to make sure it actually works. • Need ‘functional performance testing’ • This is already common practice for many firms, Mechanical systems can be 30% of total project cost Energy reporting • Submetering amenity loads might be a good start but we already know that these loads are big. Ok as an option, but not ideal as a requirement since it’s a lot of circuits to monitor and therefore very complicated Additional efficiency credits • Give points for not doing something bad o No cooling, no snowmelt, etc. o But what happens when they want to install it later? Do we need to track projects? MEMORANDUM TO: Mayor and City Council FROM: John Barker, Senior Strategy Consultant THROUGH: Alissa Farrell, Administrative Services Director MEMO DATE: January 15, 2023 MEETING DATE: January 24, 2023 RE: Formalization of Grants Steering Committee REQUEST OF COUNCIL: Staff is requesting Council approval of the second reading of Ordinance 2, Series of 2023, formalizing the grants steering committee as an advisory body to Aspen City Council. SUMMARY AND BACKGROUND: On January 10, 2023, staff presented, for first reading, an ordinance and charter that would formalize the role of the grants steering committee. Council did not provide direction to make revisions to these documents, so they are presented here unchanged for second reading. Additional information, included originally with the submittal for first reading, is included below as a reference. On June 1, 2021, staff presented Council with several options for a revised grants administration structure to better ensure that Council’s direction was carried out effectively and with appropriate involvement from the community. During that work session, Council opted to create a steering committee, consisting of resident volunteers, that would act as a liaison between City Council, City staff, and the community. A steering committee was established after the work session with support from Council to primarily be primarily comprised of staff while the charter, grants program philosophy, procedures, criteria, etc. were developed, revised, and implemented. Although the chairperson remained a volunteer along with another grants volunteer, the remaining members have been and currently are, staff. This was intentional in recognition of the extensive workload involved in establishing the framework of the grants program. With a solid framework now implemented, staff are beginning to transition off the Steering Committee and community volunteers are taking their place through a staggered process to help retain legacy knowledge. At this juncture, it is timely to formalize via ordinance the steering committee as stated in the City of Aspen charter. DISCUSSION: If formalized by Council, the steering committee will work to ensure that City Council direction is implemented in the most efficient, fair, and consistent manner possible. The steering committee will work with city staff to implement policy changes that align with Council goals, make funding recommendations to City Council, and set strategic priorities with City Council. Further, the steering committee will, as necessary, create and appoint additional advisory committees of qualified community members to review individual grant applications and advise the steering committee on the merits of each. More information on the role and responsibilities of the steering committee can be found in the committee charter, included as Attachment B. ALTERNATIVES: Council may choose to not formalize the role of the grants steering committee as an advisory body to City Council. Alternatives include the delegation of the responsibilities outlined in the steering committee charter to city staff or for City Council to manage the administration of the grants program independently. FINANCIAL IMPACTS: There are no new financial impacts associated with approval of this ordinance, as the necessary resources are already in place to manage the formalization of the steering committee. ENVIRONMENTAL IMPACTS: None. RECOMMENDATIONS: Staff recommend approval of Ordinance No. 2, Series of 2023, on second reading. CITY MANAGER COMMENTS: ATTACHMENT A – Ordinance No. 2, Series of 2023 ATTACHMENT B – Grant Steering Committee Charter ORDINANCE NO. 2 (Series of 2023) AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, TO CONFIRM THE COMPOSITION OF THE GRANTS STEERING COMMITTEE AND TO ACKNOWLEDGE THEIR POSITION AS AN ADVISORY COMMITTEE OF THE CITY COUNCIL. WHEREAS, the City of Aspen administers several grant programs intended to benefit the community; and WHEREAS, the City Council did determine that a Committee should be formed to advise City Council on matters relating to grants policy and administration during a City Council Work Session dated June 1, 2021; and WHEREAS, a Grants Steering Committee has informally been active since June 1, 2021 and has been assisting City Council with such matters related to its grants programs. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Establishment of the Steering Committee. There is hereby established the Grants Steering Committee for the City of Aspen, Colorado, which serves at the pleasure of the City Council. This board shall also be known as the Grants Steering Committee. Section 2. Composition; Term; Qualification. The Steering Committee shall be constituted as follows: (a) The Steering Committee shall consist of five (5) regular members all of whom shall serve overlapping three (3)-year terms. The Committee shall be appointed by the City Council with all appointees designated as at-large appointees who shall be selected primarily for their knowledge of and experience with grants administration, experience in local non-profits, management, or a related field. (b) Except for the filling of vacancies, all terms of appointment shall be for three-year periods, commencing at the time of appointment. (c) All members of the Steering Committee shall serve at the pleasure of the City Council and may be removed by majority vote thereof. (d) The Steering Committee is declared not to be a permanent board within the meaning of Section 8.2 of the Charter of the City of Aspen and, therefore, there shall be imposed no age or residency requirement for membership on the Steering Committee nor shall candidates for appointment be required to be qualified electors. Section 3. Powers and Duties. Generally, the Steering Committee is empowered to advise City Council on planning and policy related to the administration of the City of Aspen grant programs, guided by the Grant Steering Committee Charter, as may be amended from time to time by the Steering Committee and approved by City Council. These advisement duties shall include the following: (a) Recommend policy changes to all aspects of grants programming with a goal of continuous improvement; and (b) Implement City Council direction regarding the grants program; and (c) Recommend grant funding amounts; and (d) Establish and appoint advisory sub-committees in distinct grant program areas. Section 4. Rules of Procedure. (a) A quorum to transact the business of the Steering Committee shall consist of three (3) members. (b) At its first meeting the Steering Committee shall elect a chairperson and vice- chairperson. (c) The Steering Committee shall establish regular meeting times and days. Special meetings may be called by the chairperson or at the request of any two (2) members on at least twenty-four (24) hours written notice to each member of the Steering Committee, provided that a special meeting may be held on shorter notice if all members of the Steering Committee waive notice in writing. No business shall be transacted at any special meeting unless it has been stated in the notice of such meeting. Notice by email shall be deemed acceptable. (d) All regular and special meetings of the Steering Committee shall be open to the public except for executive (closed door) meetings as are permitted by law. Citizens shall have a reasonable opportunity to be heard and all minutes and other records of action of the Steering Committee shall be made available to the public. (e) The Steering Committee may adopt by-laws for the conduct of its business not inconsistent with this ordinance and the Charter of the City of Aspen and shall adopt such rules of procedures as it deems necessary. Section 5. Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. Section 6. Public Hearing A public hearing on the ordinance shall be held on the 24th day of January 2023, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 10th day of January 2023. Torre, Mayor ATTEST: Nicole Henning, City Clerk FINALLY adopted, passed and ordered published this 24th day of January 2023. Torre, Mayor ATTEST: Nicole Henning, City Clerk 1 Updated Grant Steering Committee Charter The Grants Steering Committee serves as the liaison between Aspen City Council, City staff, and other advisory committees to ensure that City Council direction is being implemented in the most efficient, fair, and consistent manner possible. The Steering Committee works with City staff to implement policy changes that align with Council goals, makes funding recommendations to City Council, and sets strategic priorities in conjunction with City Council. Grants Steering Committee Structure: The Steering Committee selects members as needed for advisory grant review committees such as Arts and Culture Grants; Community Nonprofit Grants; and Health and Human Services (HHS) Grants. In the event that a new advisory review committee is needed, the Steering Committee is authorized to create such a committee. Each Review Committee will have access to a dedicated member of the steering committee as an advisor. Steering Committee Arts and Culture Review Committee Community Nonprofit Review Committee Health and Human Services Review Committee 2 Updated Grants Steering Committee Guiding Principles: Members of the Grants Steering Committee will:  Learn and reflect the needs and priorities of the Aspen community  Work to ensure that grant programs have the greatest community benefit possible  Communicate effectively with the grantee community and the community at-large  Voluntarily disclose and communicate timely conflicts of interest  Value the knowledge and perspectives of fellow committee members  Commit to transparent decision-making  Maintain objectivity Grants Steering Committee Member Terms: The Steering Committee shall consist of five (5) community representatives. The Grants Steering Committee members will be appointed by City Council, per Ordinance No.2, Series of 2023. The Grants Steering Committee will then appoint the Review Committee members. In the initial year, representatives will be appointed to terms of differing lengths.  1 - member will be appointed to a one-year term  2- members will be appointed to two-year terms  2 members will be- appointed to three-year terms Thereafter all members shall be appointed for terms of three years. No member shall serve more than two consecutive full three-year terms. The member appointed to the one-year term may serve two consecutive three-year terms after the initial appointment. The term of office of each member of the Steering Committee shall expire on June 30 of the year of the expiring term. Members shall continue to serve until their respective successors are appointed and qualified. No member shall be eligible for appointment to more than two consecutive full terms of office; but any former member shall be eligible for appointment to the committee one year after that member ceased to serve. Grants Steering Committee Composition, Terms, and Rules of Ethical Conduct The City believes its grant programs can bring the most value when a variety of residents, representative of nonprofit service providers, and subject matter experts are involved with grant programs. In selecting committee members, the City will attempt to involve a rich mix of people whose experiences and background will work synergistically in assessing and awarding grants. The majority of the Grants Steering Committee members will also serve on a Review Committee in an advisory, non-voting role. Each Grants Review Committee will have at least one Grants Steering Committee member. A quorum is met when 50 percent or more of the committee members are in attendance. 3 Updated Grant Steering Committee members shall comply with the provisions of Chapter 2.02. - Rules of Ethical Conduct, of the Aspen Municipal Code. Consistent with or in addition to, Grant Steering Committee members shall not: 1. Disclose or use confidential information acquired as a Committee member in order to further their personal financial interests. 2. Disclose or use confidential information acquired in the course of their membership as an attorney-client communication from the City Attorney or other counsel retained by the City without the consent of the City Council. 3. Participate in or vote on matters before the Committee if the person: a. Has a substantial or financial interest or is affiliated with one or more of the organizations, businesses, or non-profits in the pool of applicants for any given grant fund, b. Has an immediate family member that has a substantial or financial interest or is affiliated with one or more of the of the organizations, businesses, or non-profits in the pool of applicants for any given grant fund. 4. Accept a gift of substantial value or a substantial economic benefit tantamount to a gift of substantial value which would tend to improperly influence a reasonable person in their position to depart from the faithful and impartial discharge of their duties, or a reasonable person should know under the circumstances is primarily the purpose of rewarding them for action he or she has taken as a Committee member.[1] Whenever the provisions of this section require a Committee member to disclose an interest, the procedures set forth in Section 2.02.050 of the City of Aspen Municipal Code shall apply. The officers of the Steering Committee will be comprised of a Chairperson, who shall serve for a period of one year. The Chair shall help City staff prepare the agenda and preside at all meetings. Grants Steering Committee Member Selection Process: The City Council shall appoint the Steering Committee members. The City will offer an invitation to the community and may individually approach prospects who appear to have the aptitude and interest to serve on the Steering Committee. The City will consider all applicants, who will be asked to complete a simple application form. In recruiting members, City Council may delegate the recruitment activities but retains the final decision-making authority on whom to appoint. The City Council, at its sole and absolute discretion, has the authority to ask a committee member to resign or leave the committee or remove any committee member. If there is a vacancy on the Grants Steering Committee, City Council shall appoint a member to fill the term as soon as possible. [1] Gifts of substantial value and substantial economic benefit tantamount to a gift are defined in Section 2.02.030 of the Aspen City Municipal Code 4 Updated Grants Steering Committee Member Qualifications: To be considered for service on the grants steering committee a person must: • A majority of members must reside in the City of Aspen for at least one year prior to appointment. The remaining members must reside in Pitkin County for at least one year prior to appointment. • Demonstrate knowledge of the community and on matters pertaining to at least one of the City’s Grant Programs and objectives. • No member of the City Council, Mayor, or an appointed official shall serve on the committee. Grants Steering Committee Responsibilities: The Steering Committee provides guidance to help assure that strategic grant funding priorities reflect and align with the City’s mission, priorities and desired outcomes. As such, it collaborates closely with City staff and City Council to understand and incorporate those priorities into grant program goals and review criteria. The Steering Committee also selects Grant Review Committee members. It helps solicit potential members, reviews committee member applications, and appoints committee members. Ongoing training will be provided for the Steering Committee on topics relevant to its functioning, such as awareness of overarching city priorities. There will be mandatory orientation training for new members of the Steering Committee. Additionally, regular attendance is required of Steering Committee members. Finally, the Steering Committee may make recommendations to improve the efficiency, effectiveness, and outcomes of the City’s grants programs. The Steering Committee does not assess individual grant applications, except in cases where an appropriate advisory committee does not exist to review such applications. The Steering Committee does work with City staff to aggregate these assessments into appropriate funding recommendations for the consideration of City Council. Page 1 of 3 MEMORANDUM TO: Mayor and City Council FROM: Tara Nelson, Sr. Paralegal THROUGH: Jenn Ooton, Sr. Project Manager | Sara G. Ott, City Manager DATE OF MEMO: January 9, 2023 MEETING DATE: January 24, 2023 RE: City of Aspen’s 2023 Regional, State and Federal Policy Agenda REQUEST OF COUNCIL: This purpose of this item is to present the proposed draft 2023 Regional, State and Federal Policy agenda. PREVIOUS COUNCIL ACTION: Council has not discussed the proposed 2023 version. BACKGROUND: City Council has previously adopted a 2020, 2021 and 2022 policy agenda as a guiding document. DISCUSSION: This agenda aims to become the cornerstone for City Council to make informed decisions for which policy matters are determined. As outlined, the purpose of the Policy Agenda will be used by individual City Council members and city staff to inform city positions taken on specific bills once the legislative session begins. Staff has taken the liberty of reviewing the current adopted 2022 Policy Agenda and further propose the following minimal additions and changes into the proposed 2023 Policy Agenda as follows: Cover Page New adopted date and resolution number Throughout All references to 2022 now changed to 2023 Throughout All references to CAP changed to ASAP – Aspen’s Sustainability Action Plan 1; Inclusion & Equity (Page 3, 5, 10) Title changed from Inclusion & Equity to Diversity, Equity, Inclusion & Accessibility; No text revisions at this time, but DEIA steering committee will review the language and discuss amending this section in the near future 1 Aspen’s Sustainability Action Plan (ASAP) will be brought to City Council for adoption in February 2023. Page 2 of 3 Climate Action and Resource Conservation (Page 13) • Old: Aspen’s local CAP identifies the actions necessary to achieve a sustainable future for our community. Last released and updated in 2017, the CAP maintains our ambitious reduction targets and refocuses our commitment to Aspen’s future. • New: Aspen’s Sustainability Action Plan (ASAP) reflects the city’s new science-based targets for greenhouse gas emissions reductions of 63% by 2030 and zero carbon by 2050, along with the necessary actions to achieve these goals and realize a sustainable future for our community. Updated most recently in February 2023, the ASAP refocuses our commitment to Aspen’s future. Climate Action and Resource Conservation (Page 13) • Old: Aspen is committed to resource conservation through the elimination of single use items, converting organic material into compost, increased recycling education, and diverting construction and demolition materials away from landfills. • New: Aspen is committed to resource conservation through building efficiency, renewable energy sources, zero emissions vehicles, and waste reduction. Regionalism (Page 18) Additional bullet point added: • climate action Transportation (Page 19) additional bullet points added: • transportation/infrastructure programs that support resilient communities and emergency egress • electric vehicle charging infrastructure • Aspen’s support and emphasis on grade separated multi- use trail projects that support alternative transportation and provides bicyclists safer, non-motorized commuter trail platforms Text added to bullet point 4: …. to test emerging services and technologies Legislative Delegation (Page 22) Updated State House Representative of District 57 to: Elizabeth Velasco Legislative Delegation (Page 23) Updated State Senator of District 5 to: Perry Will Page 3 of 3 Once approved, the Policy Agenda will inform and provide authority for the remainder of 2023. Further, the City will be able to utilize the Policy Agenda as a direct advocacy of government officials as well as build coalitions and to attempt to influence positions adopted by the intergovernmental organization we participate with. RECOMMENDED ACTION: Adopt a 2023 Policy Agenda as a guiding document. ALTERNATIVES: Choose not to adopt a formal guiding document 2023 Policy Agenda CITY MANAGER COMMENTS: RESOLUTION # 03 (Series of 2023) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADOPTING A 2023 REGIONAL, STATE AND FEDERAL POLICY AGENDA WHEREAS there has been submitted to the City Council a 2023 Regional, State and Federal Policy Agenda, a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that 2023 Policy Agenda, a copy of which is annexed hereto and incorporated herein and does hereby authorize the Mayor or City Manager to approve said policy agenda on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the _____ day of _____________, 2023. __________________________ TORRE, Mayor I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. __________________________ Nicole Henning, City Clerk Adopted and Approved at the January ___, 2023 regular City Council meeting Resolution #003, Series of 2023 2023 REGIONAL, STATE AND FEDERAL POLICY AGENDA CITY OF ASPEN - 2023 POLICY AGENDACITY OF ASPEN - 2023 POLICY AGENDA 23Sara G. Ott Sara.Ott@aspen.gov (970) 920-5083 CITY MANAGER Torre, Mayor Torre@aspen.gov (970) 948-2023 Skippy Mesirow Skippy.Mesirow@aspen.gov (847) 530-0811 John Doyle John.Doyle@aspen.gov (970) 948-6251 Rachel Richards Rachel.Richards@aspen.gov (970) 710-1038 Ward Hauenstein, Mayor Pro-Tem Ward.Hauenstein@aspen.gov (970) 948-3858 CITY COUNCIL CONTENT Tara Nelson Tara.Nelson@aspen.gov 970-920-5059 SR. PARALEGAL Mailing Address: 427 Rio Grande, Aspen, CO 81611 Website: https://aspen.gov/1276/Policy-Agenda PURPOSE OF THE POLICY AGENDA 4 PRINCIPLES (*not in any particular order of preference)5 DELIVER QUALITY ESSENTIAL SERVICES 6 ENVIRONMENTAL SUSTAINABILITY 6 LANDS & NATURAL RESOURCES 7 HEALTH, HOUSING & HUMAN SERVICES 7 SERVICE INTEGRATION & COLLABORATION 8 LOCAL CONTROL 8 FISCAL RESPONSIBILITY 8 DELIVER ASPEN AREA COMMUNITY PLAN THEMES 9 DIVERSITY, EQUITY, INCLUSION & ACCESSIBILITY 10 ELECTIONS 10 PRIORITIES (*not in any particular order of preference)11 AFFORDABLE HOUSING 12 CLIMATE ACTION AND RESOURCE CONSERVATION 13 PUBLIC LANDS – NATURAL RESOURCES, WILDLIFE, PARKS, RECREATION 14 PUBLIC HEALTH & SAFETY 15 TELECOMMUNICATIONS 16 WATER AVAILABILITY & CONSERVATION 16 RIVER HEALTH 17 EARLY CHILDHOOD 17 RENEWABLE ENERGY 18 REGIONALISM 18 TRANSPORTATION 19 PROCESS 20 WHO'S WHO - OUR LEGISLATORS 20-21 DISTRICT MAPS AND DISTRICT NUMBERS 22-23 PRINCIPALS AT A GLANCE CITY OF ASPEN - 2023 POLICY AGENDA Delivery Quality Essential Services Environmental Sustainability Lands & Natural Resources Health, Housing & Human Services Service Integration & Collaboration Local Control Fiscal Responsibility Deliver Aspen Area Community Plan Themes Diversity, Equity, Inclusion & Accessibility Elections CITY OF ASPEN - 2023 POLICY AGENDA 45The purpose of the City of Aspen’s 2023 Regional, State and Federal Policy Agenda (hereinafter “Policy Agenda”) is to inform city advocacy on policy decisions that have the potential to significantly impact 81611 and surrounding jurisdictional boundaries. This includes legislative decisions that may be made by the Colorado General Assembly or the U.S. Congress. It also includes various non-legislative decisions that can be opined at the federal, state and regional levels, including but not limited to those before Colorado agencies (i.e., Air Quality Control Commission, Public Utilities Commission, Department of Transportation, Department of Regulatory Affairs), federal agencies (i.e., Environmental Protection Agency, Department of Transportation, the Federal Communications Commission), regional governments (i.e., Regional Transportation District) and intergovernmental coalitions (i.e., Colorado Municipal League, Mountain Pact, Colorado Communities for Climate Action, Climate Mayors, Northwest Colorado Council of Governments, Colorado Association of Ski Towns, Water Quality/ Quantity Committee, Elected Officials Transportation Committee) The City offers the Policy Agenda as a guideline to regional, state and federal policy leaders for reference when considering decisions impacting the City of Aspen. This agenda was developed in advance of the 2023 Colorado General Assembly. With the coordination of the Sr. Paralegal, policy team staff and the City Manager, it will be used by individual City Council members and city staff to inform city positions taken on specific bills once these legislative sessions begin. At that point, Council may consider adopting amendments to the Policy Agenda to address specific bills that have been proposed. Council may revisit the Policy Agenda at any point. It may do so as a body or with staff. City Manager has created this position for the purpose of convening on an ad hoc basis as necessary when one or more of the following circumstances exist: 1. There is an immediate need for council members to participate with staff in developing a strategy to advance or defeat a proposed policy which is clearly addressed by the City’s Policy Agenda or other council-approved policy documents, or 2. A decision is expected to be made on regional, state or federal policy that affects a matter which council has previously provided general direction on and that could significantly impact the city, but which council did not provide sufficient specific direction on (either through its Policy Agenda or other approved policy documents) and with timing that will not allow for council direction to be obtained. In these limited situations, the City Manager and Senior Paralegal may discuss such policy proposals so that the city can advocate accordingly. Council is to be informed whenever such direction has been provided and may choose to subsequently revisit such direction. Modifications to this Policy Agenda require consistency, when applicable, with the criteria listed below: 1. Uniformity with current city council goals, community expectations and Aspen Area Community Plan; 2. Impact on our citizens general health, safety & welfare; 3. Expected relevance in the upcoming or present state and federal legislative sessions; 4. Uniqueness of issue or impact to the City of Aspen and/or to our regional partners; 5. Viability or likelihood of achieving goal weighed with importance of beginning to address/highlight critical issues; 6. Opportunity for providing funding for City of Aspen or its community partners; and, 7. Availability of metrics of success that would allow the position to be deleted from future agendas if achieved This policy agenda recognizes circumstances arise wherein a City Council member may be a lone representative of an organization and must address and/or vote on a policy position on the spot. Departures from these criteria are made in unique circumstances as determined by council, such as when adoption of a city position is important to support its regional partners, even while the policy in question is otherwise of limited consequences to the city. Further, departures may broaden our approach for advocacy with policies that align with our values and intention for our state and nation even when they are benign towards Aspen or may disadvantage Aspen for a larger good or shared goal. This policy agenda further recognizes that Aspen may look at how affiliations and like– minded organizations may take position on certain pieces of legislation. Aspen will strive to take position with the recognition that it is unique, and although guidance from interest groups and Colorado Municipal League may be sought, there are times where our position may not be consistent or aligned. The City welcomes the opportunity to discuss the Policy Agenda. Please direct any questions to Tara Nelson. PURPOSE OF THE POLICY AGENDA CITY OF ASPEN - 2023 POLICY AGENDACITY OF ASPEN - 2023 POLICY AGENDA 67Aspen is dedicated to supporting and sustaining healthy communities that strengthen individuals and families while providing reasonable health and human services for anyone who calls the Aspen area home. We will strengthen the quality of life and well-being for all people in our community by practices that provide and promote opportunities in housing through the lens of policy that expands access and aids in inclusion and equity regionally and statewide. We strive to advance the framework for jobs and access to services, such as education, public safety and health through all phases of life. We value a collaborative approach to finding creative, sustainable solutions and are guided by professional, legal and community standards in providing opportunities for people of all ages and abilities to achieve a higher quality of life through: • Self Reliance: We must work together to help each person in our community meet basic needs and remain self-sufficient to the greatest extent possible. • Public Safety: We must continue to ensure that our safety services (police, sheriff, fire, child and adult protection, Mountain Rescue and emergency response, etc.) are efficient, effective, accessible and coordinated. • Health and Well-Being: We must encourage the highest level of personal health for everyone in our community through programs that encourage healthy lifestyles, reduce risks and create access to quality health care regardless of age, income or ability. Local and regional public health agencies, local boards of health, providers and non-profits must work together to ensure community-wide access to a comprehensive set of health services. • Education and Lifelong Learning: We must work together to ensure educational opportunities are available to all members of our community The City of Aspen has established a dynamic natural resource program that encompasses both the urban forest and the surrounding natural resources. With over 1,100 acres of open space being 'locally secured' and protected by taxpayer funded acquisitions situated within a county comprised of thousands of acres of Federal BLM and Forest Service lands, we are committed to preserving and protecting these vital resources as well as enhancing our natural surroundings. We work to preserve open spaces for recreational use, wildlife habitat, scenic view planes and sustainment of our agricultural heritage; protect water sources and ensure a sustainable water supply; protect air quality and water quality to reduce impacts to residents; and support programs and funding for equitable access to public space and services. The City urges Congress and the General Assembly to expand resources for those essential services that serve the city’s most vulnerable, including childcare assistance, access to affordable health care, mental health and addiction services, and protect the community and the environment. As identified in the Aspen Area Community Plan, the City of Aspen’s intent is to ensure a broad visitor base over the long-term, bolstering the sustainability of our visitor-based industry. In addition, this plan calls for more aggressive measures to ensure that the commercial sector provides essential products and services, and to ensure balance between a local-serving and visitor-oriented commercial sector. We foster policy to facilitate the sustainability of essential businesses that provide basic community needs. It is apparent that gaps still exist in the provision of essential services including adequate housing and health care options for all community residents. We value a collaborative approach to finding creative, sustainable solutions. As a principle, we are guided by professional, legal and community standards that provide opportunities for people of all ages and abilities to achieve a higher quality of life through: self-reliance, public safety, health and well- being, education and lifelong learning. The City of Aspen maintains its commitment to promote environmental stewardship and lead climate action efforts throughout the Roaring Fork Valley and beyond. We will continue to advance policy that supports our ability to protect our unique local environment, conserve resources and deliver a sustainable future for all. We will investigate and support efforts and policies that offset and reduce greenhouse gas (GHG) emissions in meaningful and measurable ways as well as those that reduce waste through prevention and diversion. We support policies that reduce pollution from resource extraction activities on public lands that have local and regional impacts to our air quality, water quality and GHG emissions. Aspen’s Aspen Sustainability Action Plan (ASAP) is the community’s roadmap for reducing GHG emissions in Aspen and is used to inform which strategies and policies should be pursued by the City to further the mitigation of climate change. Deliver Quality Essential Services Health, Housing & Human Services Land & Natural ResourcesEnvironmental Sustainability CITY OF ASPEN - 2023 POLICY AGENDACITY OF ASPEN - 2023 POLICY AGENDA 89As a home rule municipality, the City of Aspen believes the authority to address issues that pertain to the city must reside within. Local governments are best suited to identify solutions to local issues particularly regarding the services provided and land use decisions we make. Local authority also includes the flexibility to determine use of funding locally and precludes unfunded mandates from the state or federal government. City of Aspen budgeting reflects a priority on high-quality government services through seven strategic focus areas being: • Community engagement • Fiscal health & economic vitality • Smart customer-focused government • Environmental protection • Safe, lived-in community of choice • Development of publicly funded housing, including broader support and involvement in the creation of non-mitigation affordable housing, public- private partnerships • City of Aspen believes it is critical to the health of our economy to address the state revenue structure that restricts the state’s ability to respond to changing economic conditions, including the Taxpayer Bill of Rights (TABOR), Amendment 23, and the Gallagher Amendment. Fiscal Responsibility City of Aspen aims to ensure effective use of taxpayer funds and successful outcomes through efficient service delivery and integration of public programs and services. To increase efficiency and effectiveness, City of Aspen engages in and strongly supports collaborative efforts within city departments and with partner agencies and organizations in the local community, regionally, and state-wide. Service Integration & Collaboration We are committed to revitalizing and sustaining the underpinning of our thriving community, the Aspen Idea. Our vision, map and plan of action for achieving goals rests with our Aspen Area Community Plan (AACP). We strive to encourage collaboration among non-profit organizations, local government, local businesses and individuals while fostering greater inclusivity and participation in cultural events amongst the spectrum of community residents and visitors while supporting activities and infrastructure, both social and physical, that enable and sustain the Aspen Idea. Implementing the themes of the 2012 AACP will require collaboration and cooperation among public sector agencies, businesses, private non-profits, local institutions and the general public. We are committed to: • Revitalizing and sustaining the Aspen Idea • Achieving sustainable land use practices that support a healthy year-round community and a thriving, vibrant visitor-based economy • West of Castle Creek Corridor area should provide a transition from rural expanses of Pitkin County to urbanized atmosphere of downtown Aspen • Providing an efficient, multi-modal and integrated transportation system that reduces congestion and air pollution • A strong and diverse year-round community and a viable and healthy local workforce are fundamental cornerstones for the sustainability of the Aspen area community • Aspen will be a local, regional, state and national leader in all aspects of environmental stewardship • Preserving our historic resources differentiates us a community and contributes to our long-term cultural awareness and sustainability as a community • Strengthen the quality of life and well-being for all people in our community by providing or promoting opportunities in housing, jobs and access to services, such as education, public safety and health through all phases of life • Supporting programs and policies that promote affordable housing locally, regionally and at the state level Deliver Aspen Area Community Plan Themes Local Control PRIORITIES AT A GLANCE Affordable Housing Climate Action and Resource Conservation Public Lands - Natural Resources, Wildlife, Parks, Recreation Public Health & Safety Telecommunications Water Availability & Conservation River Health Early Childhood Renewable Energy Regionalism Transportation CITY OF ASPEN - 2023 POLICY AGENDA 1011CITY OF ASPEN - 2023 POLICY AGENDA The City of Aspen is committed to creating an inclusive and equitable community. By “inclusive”, we mean that we strive to give all people a place at the table as we engage in the processes to consider policies and make decisions toward our shared future. We will work to ensure that everyone, regardless of identity, feels welcome and is able to contribute to, and enjoy, the vibrancy of the community. By “equitable”, we mean that the outcomes of our inclusive processes aim to create conditions where all people, especially historically marginalized groups, have full and equal access to the opportunities and resources necessary to thrive in the community. We will identify and remove any structural inequities in our city policies, land use regulations, city charter, or other governing documents. In this commitment, we are affirming that our individual and collective diversity in gender, race, ethnicity, religion, national origin, age, sexual orientation, gender identify, citizenship status, education, disability, socio-economic status, or any other identify is a valuable asset to Aspen’s present and future. Accordingly, we will support policies and efforts that have the potential to increase, promote, achieve and foster inclusivity and equity in Aspen and the great Roaring Fork Valley region. Diversity, Equity, Inclusion & Accessibility The City of Aspen conducts municipal elections on the first Tuesday of March in 2019, and biennially thereafter, and special elections as required by the citizen (or Council) initiative process. The City of Aspen has full faith and trust in the elections of Colorado and is committed to conducting a clear, legal and trustworthy city and county election. However, the validity of our vote can be deteriorated by other states when it comes to final selection of the Senate and the Congress. Steps need to be taken to ensure quality civic dialogue. The City supports efforts at a state, regional and national level that strengthen our democracy, including but not limited to, increasing transparency, reducing or eliminating corruption, campaign finance reform, reducing or eliminating money in politics, gerrymandering and redistricting, open primaries, voter enfranchisement, process improvements such as mail-in ballots, steps that encourage voter participation and increase voter choice, and additional mechanisms to protect election integrity. Elections The following are the City of Aspen’s priorities for the 2023 legislative session, NOT including references to legislation that will be introduced in the General Assembly. City staff will closely monitor active legislation introduced in these areas as well as request regional support for bills that pertain and have interest to us. CITY OF ASPEN - 2023 POLICY AGENDACITY OF ASPEN - 2023 POLICY AGENDA 1213Climate change is leaving an indelible mark on Colorado and threatens the quality of life of residents. The City of Aspen’s Climate Action Office identifies our city as one that is dependent on a stable climate and the maintenance of natural resources for a thriving economy. Aspen is committed to reducing GHG emissions through programming and policy in the following categories: low and zero emissions transportation, waste reduction, energy reduction in buildings, and advocating for state and federal regulations that support GHG emissions reductions. We support climate change preparedness, adaptation and resiliency efforts, the Colorado GHG Pollution Reduction Roadmap, as well as more aggressive goals and regulations that would require the state and country as a whole to reduce GHG Emissions. Aspen’s Sustainability Action Plan (ASAP) reflects the city’s new science-based targets for greenhouse gas emissions reductions of 63% by 2030 and zero carbon by 2050, along with the necessary actions to achieve these goals and realize a sustainable future for our community. Updated most recently in February 2023, the ASAP refocuses our commitment to Aspen’s future. The City works in collaboration with Colorado Communities for Climate Action (CC4CA) to address the legislation that the City expects to focus the bulk of its resources and political capital on regarding climate action. CC4CA is a coalition of local governments across the state that work to strengthen state and federal climate policy. The City also engages with other coalitions, such as The Mountain Pact and Climate Mayors, to advance climate change mitigation and resiliency efforts at the regional and federal levels. Aspen is committed to resource conservation through building efficiency, renewable energy sources, zero emissions vehicles, and waste reduction. Per the AACP, Aspen supports policies which will promote resource conversation by these methods. The City of Aspen understands that greenhouse gas emissions, including methane and carbon dioxide, are produced from numerous sources, including those sources and activities not directly controlled by the City of Aspen. One such source of warming causing emissions is abandoned coal mines located across the west. The City of Aspen supports the activities necessary to reduce, capture and eliminate the vast amounts of methane gas that is emitted from regional coal mines and the partners and organizations leading and contributing to that work. Furthermore, we support the preservation and expansion of local governments’ ability to engage in climate action efforts that include local and multi-city commitments. These partnerships and affiliations leverage successes at the state, national, and international level and create further value for our community and others. Climate Action and Resource Conservation This policy area includes deed restricted and free market owner-occupied and rental housing units which house Aspen and Pitkin County residents whose annual income is up to 240% of AMI. Affordable housing is essential to the economic and social health and sustainability of the City of Aspen. The City of Aspen is focused on the provision of quality affordable housing to ensure the continued viability of the community. As such, the City advocates for State and Federal policies and regulations which support its affordable housing program, including: • State laws respecting home-rule authority and permitting municipal government to raise revenue and budget for the development of affordable housing to meet local demand; • State laws which enable local government to acquire or dedicate land for the development of affordable housing; • Increased federal and state funding for affordable housing tax credits, vouchers, subsidies and other financial tools to support the development of affordable housing; • Federal and state funding assistance for housing authorities to support the development and management of affordable housing. • Support for local government's ability to regulate, manage or generate alternative sources of funding for affordable housing, including public-private partnerships Affordable Housing CITY OF ASPEN - 2023 POLICY AGENDACITY OF ASPEN - 2023 POLICY AGENDA 1415Providing for these quality of life factors is one of the core functions of municipal government. Community policing, safe drinking water, clean clear air, and a healthy environment, development regulations, safe transportation, and parks, recreation and open space programs are essential elements of a health community. The City of Aspen is dedicated to providing these community services. The City is focused on advocating for policies and regulations which assist in providing the services essential to a healthy, safe community, including: • Federal and state policies supporting community policing, intervention, prevention, public health, and rehabilitation programs which support local control of public safety and health outcomes; • Financial and policy support for inter-governmental coordination in the provision of public safety and health services and programs; • Local control over land use and development regulations which guarantee Aspen’s ability to implement planning, zoning, and design controls on the built environment, and assess impact fees and other exactions on development activities to deliver community goods and off-set the impacts from development; • Regulatory and financial support for the conservation of lands and provision of recreation services to support public and environmental health; • As members of the Western slope and residents of rural Colorado, a less populated side of Colorado, we would like to see equitable distribution of resources needed to protect our community health and safety • In the event of an epidemic, pandemic, crisis or future public health concern, ensure medical services are equally accessible to everyone. Public Health & Safety Pitkin County is 88% public land. Those lands provide essential resources, landscapes, and recreation opportunities which support the health and sustainability of our community, economy, and ecosystems. The proper management of public lands mitigates community impacts from natural disasters, ensures these lands support ecological health and biodiversity, provides diverse recreation opportunities, and supports commercial and conservation uses. Given Aspen’s proximity to public lands, dependence on those lands for community sustainability, and prioritization of climate and environmental action, the City advocates for policies and regulations which deliver the following: • Proactive forest management and wildfire mitigation which reduces threats from wildfire at the Wildland-Urban Interface and provides resources for wildland fire mitigation and management; • Federal lands management rooted in best practices and which balances recreation development and commercial uses with conservation ensuring the long-term health and biodiversity of public lands; • Federal lands policy and regulatory processes focused on public engagement and input, collaboration, responsiveness, and adaptation to local needs and conditions; • Recreation management focused on habitat preservation, user experience, diversity of travel and access opportunities, and the sustainable management of existing resources. • Extremely limited support for transfer of public lands to the states in cases where public access and public benefit remain unchanged • Adequate funding for Colorado Avalanche Information Center and overall adequate funding for Forest Service and emergency agencies enacting and removing fire fuels, load mitigation, campsite restoration and maintenance Public Lands – Natural Resources, Wildlife, Parks, Recreation CITY OF ASPEN - 2023 POLICY AGENDACITY OF ASPEN - 2023 POLICY AGENDA 1617Providing a safe, legal and reliable water supply to the City’s water customers is necessary for supporting a vibrant community. Water, especially in the West, is a precious resource that must be diligently protected. The City promotes the efficient management of water through: • Long-range planning efforts to identify future water needs and projects; • Legal strategies that protect the city’s water rights; • Conservation programs that promote efficient water use; • Coordinated responses for drought management; • Participation in State-wide efforts to manage water resources to the benefit of Colorado communities, especially on the West Slope; • Recognition of the importance of water storage in providing a reliable water supply. With less than a day’s worth of storage, Aspen is especially vulnerable to disruptions in the water supply. Water Availability & Conservation Like transportation, water, sewer, and energy services, telecommunications infrastructure is an essential public utility. The 21st Century economy relies on fast, reliable, accessible, and affordable telecommunications services. As a rural community, Aspen and its surrounding area are underserved by private telecommunications providers, particularly widely accessible high-speed broadband access. Aspen is focused on ensuring that telecommunications infrastructure is responsibility deployed and managed to mitigate impacts to community aesthetics, public health, and public property while providing accessible, reliable telecommunications utility services. Aspen supports policies and regulations which: • Support the development of municipally owned or managed telecommunications utilities infrastructure and franchises, including cellular and broadband services; • Oppose federal or state preemption of municipal control over access to and regulation of infrastructure and development within public rights-of-way and the preemption of imposition of design controls over utilities infrastructure; • Ensure equitable and affordable access to high-speed, quality mobile and broadband telecommunications services Telecommunications Early childhood education is a pressing issue that has the potential of providing infrastructure for or holding back a thriving economy. When parents who want to work can’t fully participate, we hurt ourselves. Childcare is difficult to find, especially infant care, forcing many families to use less desirable care, work less, delay returning to work, or leave the community. Childcare is expensive, often costing a family more than housing. The rising cost of childcare has dampened women’s employment by 13 % for those with children under age 5. Childcare is a 3-legged stool: a functioning system that supports families and children requires investing in affordability, accessibility and high quality. If a childcare proposal focuses only on bolstering one leg, the others will grow weaker under the pressure. More childcare spots won’t necessarily mean parents can afford them. More money for parents won’t help address quality or access. The City of Aspen advocates for: • An early childhood education comprehensive plan that addresses high quality, access, and affordability. • Paid Family Leave that benefits children, families, and the community • Labor and workforce recognition and support for the needs of families with young children • Workforce development in early care and education field, including scholarships, training programs, and assessment and coaching support Early Childhood Like all of our natural environment, our local rivers are some of the community’s greatest assets and the reason many people choose to visit or make the Aspen area their home. Our rivers provide for a high quality life; support recreational, real estate, and tourism economies; and provide our downstream neighbors with drinking water. The health of these rivers remains of highest importance to our citizens and is identified in several guiding documents for the City, including the Aspen Area Community Plan and the Ecological Bill of Rights. As such, the City is committed to making choices and implementing programs that protect, preserve, and promote river health now and into the future, and is focused on advocating for policies and regulation which deliver the following: • Watershed and water resources protection and/or enhancement; • Local control over water resources projects and regulations that have the potential to impact the quality or quantity of water in the Roaring Fork watershed; • Local control over land use and development regulations which guarantee Aspen’s ability to implement planning, zoning, and design controls on the built environment, and assess impact fees and other exactions on development activities to deliver environmental protection and off-set the impacts from development River Health CITY OF ASPEN - 2023 POLICY AGENDACITY OF ASPEN - 2023 POLICY AGENDA 1819Aspen has long-supported efforts to minimize reliance on fossil fuels. In 2015 the City became the 3rd City in the nation to provide 100% renewable energy to its customers. Aspen continues to support efforts by other communities to reduce reliance on fossil fuels. Aspen should continue to develop and invest in energy resiliency. New and creative options such as storage, local renewable energy generation, and other emerging technologies should be explored to address community needs, enhance energy choices, and respond to emergency preparedness on our local scale. Renewable Energy The City of Aspen is a leader in Transportation Demand Management, actively supporting programs, services and infrastructure that promote the use of transit, cycling, walking and shared mobility over single occupant vehicle travel. We support commuter fringe benefits that encourage transit, bicycle, walk and other non-SOV transportation modes and oppose fringe benefits for parking and others that encourage SOV travel for commute trips. As new transportation technologies and services emerge and evolve (e.g.: dockless mobility, autonomous vehicles, etc.) the City of Aspen supports efforts to maintain the authority for local regulation of these services. The City supports efforts aimed at regulating the shared mobility industry to ensure safety, equity, data sharing, customer privacy and fair treatment of employees. We support new transportation funding for: • projects that maintain existing infrastructure and that are multimodal in design, legislation that encourages “complete streets” that accommodate people using all modes of travel • policies that support increased transportation funding for both ongoing and new transit planning efforts, transit operations, clean transit vehicles and safe transit infrastructure that reduce the reliance on single occupant vehicle travel • innovative multi-modal projects including bicycle, pedestrian and first/ last mile services • for demonstration or “sandbox” projects that provide the opportunity to test emerging services and technologies • resort communities for recognizing that the needs of a commuting public and the importance of a tourism economy are directly tied to transportation improvements and reduction in traffic congestion. • encouragement of a balanced state transportation policy that addresses the need to maintain and expand roadway, bicycle, pedestrian, transit, carpool/ vanpool and demand management options to improve Colorado’s transportation system including preservation of the constitutional requirement that highway user revenues be used for the construction, maintenance and supervision of the public highways and bridges of the state • legislation that enables and encourages the cleanest, most efficient possible technology for both private vehicles as well as public transit vehicles while preserving local control over regulation and local implementation • transportation / infrastructure programs that support resilient communities and emergency agress • electric vehicle charging infrastructure • Aspen’s support and emphasis on grade separated multi-use trail projects that support alternative transportation and provides bicyclists safer, non-motorized commuter trail platforms Transportation By exploring innovative and collaborative ways to close the gaps and meet demands, the City government plays an important leadership role in the ethic of community. Regional and multi-jurisdictional cooperation and collaboration enhances our quality of life. The City of Aspen engages in and strongly supports collaborative efforts within city departments and with partner agencies and organizations in the local community, regionally, and state-wide. The City of Aspen supports statewide legislation that would encourage, but is not limited to: • Cooperation amongst community including affordable housing goals • Proposals that recognize the range of impacts and advocate for reform • around short term rentals in our community • Health and well being • Trails & Open space systems and acquisitions • Adequate funding for Colorado transportation needs • Healthy rivers and streams • Early childhood education funding • Fiscal funding for K-12 education • Emergency Plans / Public Safety / Emergency Response • Public Lands / Forest Management / Wildfire Mitigation • Broadband • Legislation that affects and relates to elections: ensuring enfranchisement, campaign finance reform, increased civic and voter participation, and that elections remain fair, open, accessible and honestly run for all registered voters • Improvement of government transparency and accountability • Climate Action Regionalism CITY OF ASPEN - 2023 POLICY AGENDACITY OF ASPEN - 2023 POLICY AGENDA 2021LEGISLATIVE DELEGATION U.S. CONGRESSWOMAN LAUREN BOEBERT - 3RD DISTRICT Phone: (970) 208-0460 Grand Junction office Mike Curto, General Counsel Mike.Curto@mail.house.gov (202) 870-6151 U.S. SENATOR MICHAEL F. BENNET www.bennet.senate.gov Phone: (970) 243-3936 Grand Junction office Hilary Henry, Regional Rep (970) 782-8020 Hilary_Henry@bennet.senate.gov U.S. SENATOR JOHN HICKENLOOPER Washington , DC 20510 www.hickenlooper.senate.gov Janeth N. Stancle, Regional Rep Phone: (970) 342-3150 Janeth_Stancle@hickenlooper.senate.gov PROCESS To be most effective with our voice it is vital to establish a line of communication with our affiliated district representatives. This direct method will help us be most successful with our pertinent goals and where we can provide the most assistance. CITY OF ASPEN - 2023 POLICY AGENDACITY OF ASPEN - 2023 POLICY AGENDA 2223REP. ELIZABETH VELASCO STATE HOUSE DISTRICT 57 Email: elizabeth.velasco.house@coleg.gov Phone: (303) 866-2949 SENATOR PERRY WILLS - STATE SENATE DISTRICT 5 Email: perry.will.senate@coleg.gov www.aspen.gov 427 Rio Grande Place Aspen, CO 81611 MEMORANDUM TO: Mayor Torre and City Council FROM: Amy Simon, Planning Director THRU: Ben Anderson, Deputy Community Development Director RE: Growth Management Allotment Carry-Forward Resolution #016, Series of 2023 DATE: January 24, 2023 __________________________________________________________________________ SUMMARY: The purpose of this memo is to review the unused Growth Management allotments from 2022 and to seek a Council decision on the amount to carry-forward to the 2023 development year. The Growth Management Quota System (GMQS) outlined in LUC Section 26.470 provides specific annual allotments for various development types in the City. The annual available allotment for each development type is a combination of the standard annual allotment and any carry-forward allotment from the previous year. The City’s Land Use Code specifies the annual allotments in various land use categories as follows. Please note the addition of demolition allotments to this chart as an outcome of the 2022 Residential Building Moratorium code amendments: Development Type Annual Allotment Residential — Free-Market 18 new units Commercial 33,300 additional net leasable square feet Residential — Affordable Housing No annual limit Lodging 112 additional pillows Essential public facility No annual limit SF/DX Demolition 6 35 Year + Local, Demolition 2 2023 annual allotment + discretionary 2022 carry- forward allotment = 2023 total development allotments Page 2 of 3 BACKGROUND: Growth allotments granted in 2022 are summarized in Exhibit A. The 2022 total development allotments included no carry-forward from 2021. The only allotments received or applied for in 2022 was one free-market residential allotment for a new home resulting from the Subdivision of a historic property at 949 W. Smuggler, and full use of the 6 single-family/duplex demolition approvals. No Commercial Net Leasable or lodge pillows were approved, or affordable housing units or Essential Public Facility space, though there is no annual cap on the latter two categories. According to Section 26.470.120.B of the Land Use Code, “The City Council, at its first regular meeting of the growth management year, shall review the prior year’s growth summary, consider a recommendation from the Community Development Director, and shall, via adoption of a resolution, establish the number of unused and unclaimed allotments to be carried forward and added to the annual allotment. There is no limit, other than that implemented by the City Council, on the amount of potential growth that may be carried forward to the next year.” In 2023, City Council may carry-forward from 2022 up to 17 additional free-market residential allotments, 33,300 square feet of additional commercial space, and 112 lodging pillows. The Land Use Code provides criteria for Council to consider in determining whether to carry forward GMQS allotments. The City Council may carry forward any portion of the previous year's unused allotment in any category, including all or none. Land Use Code 26.470.120.B states: “The City Council shall consider the following criteria in determining the allotments to be carried forward: 1. The community's growth rate over the preceding five-year period. 2. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. 3. The expected impact from approved developments that have obtained allotments, but that have not yet been built.” The specific code language, including the above criteria, can be found in Exhibit B. A summary of growth over the last decade is provided as Exhibit C. Any allotments carried forward into the 2023 development year, in addition to the annual allotments prescribed by the Land Use Code, could be used by development in each category. Considering the above criteria, and consistent with Council direction for the past 8 years, staff recommends that none of the remaining 2022 GMQS allotments be carried forward to 2023. During Council discussions in 2020 and 2021, concerns were raised about the effectiveness of the allotments relative to the original intent of the Growth Management Quota System. At Work Sessions in February and April 2021, Council indicated support for meaningful changes to the program. A summary of the direction given to staff is attached as Exhibit D. Council held additional discussions about potential Growth Management code amendments, particularly around affordable housing mitigation, in Fall 2021; and in December 2021 Council enacted a moratorium on certain types of residential development in order to improve or add regulations to achieve community goals. The moratorium has concluded with new requirements for residential mitigation and limits on the demolition of existing homes, among other outcomes. Taking action on the 2022 Growth Management allotments will not prevent future Council action on the GMQS regulations. Page 3 of 3 RECOMMENDATION: Staff recommends City Council approve Resolution #016, Series of 2023, carrying-forward none of the unused 2022 growth management allotments. RECOMMENDED MOTION: “I move to approve Resolution #016, Series of 2023.” ATTACHMENTS: Resolution #016, Series 2023 Exhibit A – Summary of 2022 growth management allotments Exhibit B – GMQS Carry Forward Code Language and Review Criteria Exhibit C – Growth in Aspen over the past decade Exhibit D – Summary of April 2021 Council Work Session on Growth Management Resolution #016, Series 2023 Page 1 of 1 RESOLUTION #016 SERIES OF 2023 A RESOLUTION OF THE ASPEN CITY COUNCIL ESTABLISHING THE “CARRY- FORWARD” GROWTH MANAGEMENT ALLOTMENT FROM 2022 TO 2023 WHEREAS, pursuant to City of Aspen Land Use Code Section 26.470.120, the City Council shall review the prior year's growth summary, consider a recommendation from the Community Development Director, and shall, via adoption of a resolution, establish the number of unused and unclaimed allotments to be carried forward and added to the annual allotment; and, WHEREAS, pursuant to said sections and considering the following criteria, the Community Development Director has provided a recommendation to carry-forward none of the unused growth management allotments from 2022 based on: 1. The community's growth rate over the preceding five-year period. 2. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. 3. The expected impact from approved developments that have obtained allotments, but that have not yet been built; and WHEREAS, on January 24, 2023 the City Council considered the recommendation by the Community Development Director, and the above criteria and approved Resolution #016, Series of 2023, by a ___ to ___ (__ to __) vote; and, WHEREAS, the City Council finds that the decision to carry forward none of the unused growth allotments from 2022 meets or exceeds all applicable standards and is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council carries forward none of the unused growth management allotments from 2022 to be available in 2023. RESOLVED, APPROVED, AND ADOPTED FINALLY this 24th day of January, 2023. Approved as to form: Approved as to content: _______________________________ _______________________________ James R. True, City Attorney Torre, Mayor Attest: _________________________ Nicole Henning, City Clerk City of Aspen Exhibit A - 2022 Annual Allotments Growth Management Quota System - Annual Allotments 2022 SF/DX Demo Jan. 2022 thru Dec. 2022 Annual Allotment 18 33,300 112 6 2 N/A N/A Carry-Forward from previous year 0 0 0 N/A N/A Total Available for Year 18 33,300 112 6 2 N/A N/A LAND USE CASES 1235 E. Cooper - LPA-21-114 5 NOA Rec. # 690278 201 S. Garmisch - LPA-22-075 1 NOA Rec. #691891 628 McSkimming Rd. - LPA-22-089 1 NOA Rec. #691895 1295 Red Butte LPA-22-090 1 NOA Rec. #691890 433 Gillespie LPA-22-091 1 NOA Rec. #691892 707 Gibson LPA-22-092 1 NOA Rec. # 691893 1380 Riverside LPA-22-093 1 NOA Rec. #691894 949 W. Smuggler LPA-22-029 1 Ord. 12, Series of 2022 Remaining Allotments 17 33,300 112 0 2 N/A N/A Source: City of Aspen Community Development Department * Note: Affordable Housing Units and Essential Public Facilities are tracked, but are not subject to code prescribed allotment caps. Free-Market Residential Allotments Commercial (square feet net leasable) Lodge (pillows) Affordable Housing Units* Essential Public Facilities (square feet)* Ordinance/ Resolution 35+ Year Local Demo Exhibit B Growth Management Carry Forward Criteria 26.470.120.B, Yearly Allotment Carry-Forward Procedure: “The City Council may carry forward any portion of the previous year's unused allotment, including all or none. The City Council shall consider the following criteria in determining the allotments to be carried forward:” 1. The community's growth rate over the preceding five-year period. Staff Response: The development counted against Growth Management allotments has remained fairly consistent over the past few years, though very far below the caps anticipated to generate a 2% growth rate (see Exhibit C.) With the 2015-2016 land use moratorium, there was a slight decrease in the number of applications for commercial projects. In 2017, there were a number of affordable housing projects applied for and approved. Though not subject to a cap, Essential Public Facilities have been the largest area of expansion in the past five years, including approvals for St. Mary’s Church, New City Hall, Aspen Institute, and ACEs. City Council has chosen to not roll over leftover allotments from one year to the next since 2014. Staff finds the number of yearly allotments available to be more than sufficient for the current rate of requests and approvals. In fact, staff and Council have discussed the ineffectiveness of the system in tracking growth and are engaged in revisions. 2. The ability of the community to absorb the growth that could result from a proposed development utilizing accumulated allotments, including issues of scale, infrastructure capacity, construction impacts and community character. Staff Response: Prior to the approval of growth management allotments by Council, P&Z or HPC, staff is required to review the availability of public infrastructure and scale of the development proposed. A construction management plan is created and implemented for each project that is approved. Based on current data, staff believes there is adequate infrastructure to accommodate new development within the code-prescribed limits. 3. The expected impact from approved developments that have obtained allotments, but that have not yet been built. Staff Response: Given the number of projects in the pipeline, including Lift One Lodge, Gorsuch Haus, as well as Hotel Aspen, Molly Gibson, Aspen Club, and City Affordable Housing Projects, and the fact that the annual allotments are typically being underutilized, staff does not recommend rolling over any unused 2022 Growth Management allotments. Exhibit C Growth over 5-10 years Year F M Residential units Commercial square feet Lodging Pillows Affordable Housing U nits Essential Public Facility square feet Demo SF/DX Units 35 yr.+ Demo Units GMQS Allotments allowed per year *established in 2008, except Demo established 2022 18 33,300 112 No limit No limit 6 2 Utilized GMQS Allotments 2018 1 4,471 20 9 13,000 2019 1 4,779 0 0 5,372 2020 2 3,056 0 7 8,319 2021 0 0 4 4 866 2022 1 0 0 0 0 6 2 Total GMQS Allotments and Percentage U tilized 2018 -2022 5 of 90 5.6 % 12,306 of 166,500 7.4 % 24 of 560 4.3 % 80 N/A 36,751 N/A 6 100% 0 0% Year Aspen’s Population (U.S. Census Bureau) 2010 6,658 2020 7,004 Total change 2010 -2020 +346/5.2% Average Annual Growth Rate 201 0 - 2020 +0.52% 1 FOLLOW-UP MEMORANDUM CITY COUNCIL WORK SESSION MEETING DATE: April 26, 2021 (continued from 2/22/21) FOLLOW-UP MEMO DATE: May 19, 2021 AGENDA TOPIC: Growth Management Quota System and Affordable Housing PRESENTED BY: Ben Anderson, Community Development COUNCIL MEMBERS PRESENT: All five members were present. _______________________________________________________________________ WORK SESSION DISCUSSION SUMMARY: Staff presented Council with information related to GMQS, particularly the allotment system and affordable housing mitigation. Staff presented the premise that aspects of the GMQS, with origins dating back to the mid-1970’s, are no longer responding to the current development trends as designed in mitigating the real and perceived impacts of growth. 1. Topic: Our current GMQS toolkit does not have the right tools to respond to the trends driving Aspen’s current and future development trends. Council majority consensus. Council agreed with this assertion. 2. Topic: Because affordable housing mitigation is so directly tied to the development types identified within the GMQS allotment system, the provision of affordable housing is not commensurate with real and perceived impacts of growth. Council majority consensus. Council agreed with this assertion. 3. Topic: What should be the appropriate staff response to these issues? Council majority consensus. Council agreed that the status quo was not an acceptable condition moving forward and gave direction to staff to study further, evaluate, and propose responses. Council also agreed that a range of responses were possible: • Targeted policy and code responses to specific development types. • Modifying the current allotment system in response to these issues. • Rethink direct tie between growth and affordable housing mitigation. • A full re-evaluation of GMQS as it relates to current and future “growth” trends. 2 NEXT STEPS: Council and staff agreed that this is an expansive set of topics and that it is important to prioritize and be as specific as possible in directing our efforts and proposed responses. Council offered support for additional staffing and financial resources needed to complete this work in addition to ComDev’s existing work plan and services. 1. Summer 2021 • Proposed changes to single family and duplex redevelopment AH mitigation requirements. • Proposed changes to inclusion of subgrade areas for residential AH mitigation requirements. • Continued policy discussion related to Multi-family Replacement requirements in the GMQS. Staff requests a Work Session with Council in July 2021 to provide an update on staff findings related to Single Family residential mitigation and multi-family replacement policies. 2. Early Fall 2021 • Evaluation of opportunities within Part 700 (Zone Districts) of the LUC for AH opportunities and in pursuit of other community goals. • Discussions with Council about desire to update AACP in 2022 and the role of the AACP in shaping GMQS response. • Evaluation of short-term rentals in relationship to GMQS concerns and AH mitigation requirements. • Continued evaluation of AH Credits program in relationship to overall GMQS/AH mitigation conversation – and for opportunities for continued improvements to the program. • Following discussions with interested stakeholders and further staff evaluation, proposed policy response strategies to GMQS issues discussed above.