HomeMy WebLinkAboutordinance.council.06-26ORDINANCE NO.6
(SERIES OF 2026)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING TITLE 8 OF THE ASPEN MUNICIPAL CODE BY ADOPTING THE 2025
COLORADO WILDFIRE RESILIENCY CODE WITH CITY OF ASPEN SPECIFIC
AMENDMENTS.
WHEREAS, in 2023, the Colorado General Assembly enacted Senate Bill 23-166 (2023),
concerning the establishment of a wildfire resiliency code board, and, in connection therewith,
requiring the wildfire resiliency code board to adopt model codes establishing minimum standards
designed to reduce the risk wildfires pose to people and property; and
WHEREAS, the wildfire resiliency board has established the Colorado Wildfire Resiliency
Code ("CWRC"), and pursuant to SB 23-166, all governing bodies within the state that have the
authority to adopt building codes, including the City of Aspen ("Aspen"), shall adopt a code that
meets or exceeds the minimum standards set forth in the CWRC no later than April 1, 2026; and
WHEREAS, the regulations found within the CWRC are intended to mitigate the risk to life
and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent
structure and to mitigate structure fires from spreading to wildland fuels; and
WHEREAS, the City's Chief Building Official has reviewed the CWRC, and recommends
adoption with amendments; and
WHEREAS, adoption of the CWRC will further City Council's goal of resource and
infrastructure resilience, including increasing fire safety measures; and
WHEREAS, City Council reviewed and recommended adoption of the CWRC with
amendments intended to address the needs of the Aspen community and align with existing building
codes; and
WHEREAS, the City of Aspen Building Official recommends repeal of Section 8.20.020(111)
of the City of Aspen Municipal Code, which incorporates the resiliency provisions of the
International Building Code as amended by the City of Aspen, as it is duplicative and no longer
necessary upon the adoption of the CWRC; and
WHEREAS, City Council has determined that adoption of the CWRC with amendments to
address local needs is in the best interest of the people of Aspen and will promote the health, safety,
and welfare of Aspen residents.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Ordinance 6, Series of 2026
Adoption of Colorado State Wildfire Resiliency Code
Page 1 of 5
Section 1.
Section 8.04.050 of the City of Aspen Municipal Code shall be repealed and replaced with the
following:
Sec. 8.04.050. - Same; duties.
The Chief Building Official shall be responsible for the enforcement of the International Building
Code, National Electrical Code, International Plumbing Code, International Mechanical Code,
International Fuel Gas Code, International Energy Conservation Code, International Existing
Building Code, International Pool and Spa Code, International Solar Energy Provisions, and
Colorado Wildfire Resiliency Code.
Section 2.
Section 8.20.020(111) of the City of Aspen Municipal Code is repealed.
�ectinn '�_
Title 8 of the City of Aspen Municipal Code shall be amended to add Chapter 8.49 which shall
provide and read as follows:
Chapter 8.49
COLORADO WILDFIRE RESILIENCY CODE
Sec. 8.49.010. Adoption of the 2025 Edition of the Colorado Wildfire Resiliency 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 Wildfire Resiliency Code, 2025 Edition, and all errata as published by the
Colorado Wildfire Resiliency Code Board. At least one (1) copy of the Colorado Wildfire Resiliency
Code shall be available for inspection at the Community Development Department and on the
department's website.
Sec. 8.49.020. Amendments.
The Colorado Wildfire Resiliency Code, 2025 Edition, as adopted by the City at Section
8.49.010, is hereby amended to provide and read as follows:
a. 101.1 Title These regulations shall be known as the Colorado Wildfire Resiliency Code as
adopted by the City of Aspen, hereinafter referred to as "this code."
b. 102.10 Work exempt from compliance with this code. Exemptions from code requirements
shall not be deemed to grant authorization for any work to be done in any manner in violation
of the provisions of this code or any other laws or ordinances of the jurisdiction. Compliance
with this code shall not be required for the following:
1. Interior alterations of existing structures.
Ordinance 6, Series of 2026
Adoption of Colorado State Wildfire Resiliency Code
Page 2 of 5
2. Additions that do not increase gross floor area by more than 500 square feet.
3. The reconstruction, replacement, alteration, or repair of the exterior walls of an existing
building, when less than 25 percent of the surface area of all exterior walls is affected.
4. The reconstruction, replacement, alteration, or repair of the exterior roof covering of an
existing building, when less than 1 square (10'x10') is affected.
5. Alterations or repairs to the exterior of an existing structure, or an attachment to it, when
less than twenty-five percent of the exterior of the structure is affected by the alteration or
repair.
6. Painting, staining and similar maintenance or restorative work.
7. One-story detached accessory, nonhabitable structures, such as tool and storage sheds,
playhouses and similar uses, provided that the floor area does not exceed 120 square feet
and the structure is located greater than or equal to 10 feet from the nearest adjacent
occupiable structure.
8. Accessory structures and buildings of an accessory character classified as Utility and
Miscellaneous Group U (including Agricultural Structures) located more than 50 feet from
a structure containing occupiable or habitable space.
9. Fences located more than 8 feet from a habitable structure.
c. Section 103 shall be deleted in its entirety.
d. 104.1. Powers and duties of code official. The Chief Building Official is hereby authorized
to enforce the provisions of this code and shall be the code official for purposes of this code.
e. 106.1 Fees General. Fees shall be in accordance with the fee schedule adopted by the City of
Aspen.
f. Chapter 3 shall be deleted in its entirety and replaced with the following:
Chapter 3 — Applicability of Code Provisions
Section 301.1 Purpose. Because of the history of and potential for large destructive
wildfire and the City of Aspen is surrounded by areas classified as high intensity on
the 2025 Colorado Wildfire Resiliency Code Map, the City of Aspen has determined
it is in the best interests and furthers the health, safety and welfare of the community
to require all properties within its jurisdiction to comply with the most stringent
standards of this code.
Section 302.1 Applicability of the Code. The requirements of this code apply to all
parcels located within the city limits of the City of Aspen. For purposes of this code,
all construction, alteration, movement, repair, maintenance, and use of any building,
structure, or premises shall comply with the provisions for Class 1 and Class 2
structure hardening of Chapter 4 and Class 1 and Class 2 site and area requirements of
Chapter 5.
g. 403.1 General. Shall be removed in its entirety.
Ordinance 6, Series of 2026
Adoption of Colorado State Wildfire Resiliency Code
Page 3 of 5
h. 403.3 Gutters and downspouts. Gutters and downspouts shall be constructed of
noncombustible material and be provided with an approved means to prevent the
accumulation of leaves and debris in the gutter.
i. 404.1 General. Shall be removed in its entirety.
j. 404.2 Protection of eaves. Eaves and soffits shall be protected on the exposed underside by
noncombustible material, ignition -resistant materials, or by materials approved for not less
than 1-hour fire -resistance -rated construction, 5/8-inch Type X drywall, 2-inch nominal
dimension lumber, or 1 inch nominal fire -retardant -treated wood or 3/4 inch nominal fire -
retardant -treated plywood, identified for exterior use and meeting the requirements of Section
2303.2 of the 2024 International Building Code. Fascias are required and shall be protected on
the backside by noncombustible material, ignition -resistant materials, or by materials
approved for not less than 1-hour fire -resistance -rated construction, 5/8-inch Type X drywall,
or 2- inch nominal dimension lumber.
Exception: Solid wood rafter tails and solid wood blocking installed between rafters
having minimum dimension 2-inch nominal.
k. 404.3.1 Exterior Wall Coverings. Exterior wall coverings shall be limited to the following:
' P
1. Noncombustible materials.
2. Fire -retardant -treated wood.
3. Ignition -resistant building materials.
Exception: Where option 1 in section 404.3 is used, any material permitted by the
International Building Code may be used as an exterior covering.
1. 502.4.1 Fencing. Fencing within 8 feet of a structure regulated by this code or up to the
property line when the property line is less than 8 feet away from the structure shall be
constructed with noncombustible or ignition -resistant materials.
m. The following appendix is hereby deleted in its entirety: Appendix A: PERMITS
n. The following appendix is hereby deleted in its entirety: Appendix B: CONSTRUCTION
DOCUMENTS
o. The following appendix is hereby deleted in its entirety: Appendix C: INSPECTION AND
ENFORCEMENT
Section 4. Scrivener's Errors. ' - _ 1.
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.
Section 5. Effect Upon 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.
Ordinance 6, Series of 2026
Adoption of Colorado State Wildfire Resiliency Code
Page 4 of 5
Section 6. 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 7. Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this ordinance shall become
effective thirty (30) days following final passage.
Section 8. Public Hearing
A public hearing on this ordinance shall be held on the 24th day of March, 2026, at a meeting of the Aspen
City Council commencing at 5:00 p.m. 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 24th day of February 2026.
ATTEST:
Nicole Henning, City Cler
el Richards, Mayor
FINALLY, adopted, passed and approved this 24th day of March 2026.
Rachael Rich ds, Mayor
ATTEST: APPROVED AS TO FORM:
t
Nicole Henning, City Clerk
t
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Katifarine Johnso elty Attorney
Ordinance 6, Series of 2026
Adoption of Colorado State Wildfire Resiliency Code
Page 5 of 5