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HomeMy WebLinkAboutordinance.council.008-11 ORDINANCE NO. 8 (SERIES 2011) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING CHAPTER 8.46 OF THE ASPEN MUNICIPAL CODE TO ADOPT THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE. WHEREAS, the City of Aspen is nationally recognized as a leader in developing, adopting and administrating progressive energy codes; and WHEREAS, in 1995 the City of Aspen was the first jurisdiction in the country to regulate exterior energy use; and WHEREAS, in 2000 the City of Aspen was the first jurisdiction in the country to adopt a mandatory Renewable Energy Mitigation Program; and WHEREAS, it is in the best interest of the citizens of and visitors to our community to continue and maintain a leadership role in energy code adoption and administration. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. Title 8 Chapter 8.46 of the Aspen Municipal Code is hereby amended and shall read as follows: Chapter 8.46 International Energy Conservation Code Sec. 8.46.010. Adoption of the 2009 Edition of the International Energy Conservation 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 Energy Conservation Code, 2009 Edition, as published by the International Code Council except as otherwise provided by amendment or deletion as contained in Section 8.46.020 of this Chapter. At least one (I) copy of the International Energy Conservation Code shall be available for inspection during regular business hours in the City Clerk's Office, second floor of City Hall. Sec. 8.46.020. Amendments. The International Energy Conservation Code, 2009 Edition, the addition of Appendix A "Residential Renewable Energy Mitigation Program" and Appendix B "Commercial Renewable Energy Mitigation Program" as adopted by the City at Section 8.46.010, is hereby amended to provide and read as follows: (a) Section 101.1 Insert: "City of Aspen" for [NAME OF JURISDICTION]. Ordinance No. 8, Series 2011 Page 1 (b) Section 104.3 "Final Inspection" is hereby amended and to read as follows: Section 104.3 Required energy efficiency inspections. The building official, upon notification, shall make the inspections set forth in Sections 104.3.1 through 104.4.5. Section 104.3.1 Building thermal envelope. Specific items referenced in Section 402.4.1 and Section 502.4.3 shall be inspected and approved. Section 104.3.2 Fenestration. All fenestration as defined in Section 202 shall be labeled, inspected and approved before the gypsum board inspection. Section 104.3.3 Insulation. All above and below grade wall and ceiling cavity insulation shall be labeled, inspected and approved before the gypsum board inspection. Section 104.3.4 Other inspections. In addition to the inspections specified above other inspection shall include, but not be limited to, inspections for: duct system R- value, HVAC and water - heating equipment efficiency and lighting compliance. Section 104.3.5 Final inspection. The building shall have a final energy efficiency inspection and not be occupied until approved. (c) Section 107.2 "Schedule of permit fees" is hereby amended and to read as follows: "A permit shall not be valid until the fees prescribed by Section 2.12.100 of this Code are paid in full." (d) Section 109 "Means of appeal" is deleted in its entirety and shall read as follows: "Section 109.1 Appeals shall be in accordance with Chapter 8.08 of this Code." (e) Add Section 110 "Liability" to read as follows: "The Building Official or his or her authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his or her duties, shall not thereby render himself or herself personally liable for any damage that may accrue to persons or property as a result of any act or omission in the discharge of his or her duties. "This Code shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damage to persons or property caused by defects on or in such premises, nor shall the code enforcement agency, any employee thereof or City be held as assuming any such responsibility or liability by reason of the adoption of this code or by the exercise of inspections authorized and carried out hereunder or by the issuance of any permits or certificates issued pursuant to this code." Ordinance No. 8, Series 2011 Page 2 (f) Section 301 "Climate zones" is deleted in its entirety and shall read as follows: "The City of Aspen, Colorado shall use Climate Zone 7 in determining the applicable requirements from Chapters 4 and 5 ". (g) Section 402.4.2 Shall be amended as follows: Air sealing and insulation. Building envelope air tightness and insulation installation shall be demonstrated to comply with Section 402.4.2.1 . (h) 402.4.2.2 is deleted in its entirety. (i) Section 403.8 Snow Melt System Controls (Mandatory).shall be amended as follows: (Add) 403.8.1 "Snow Melt Slab Insulation. "R 10 insulation shall be installed under the area to be snow melted or R -5 insulation shall be installed under and at the slab edges of the area to be snow melted. (Add) 403.8.2 "Roof and gutter deicing ". Electric roof and gutter deicing systems shall be self regulating type cable and include automatic controls which limit the use of the system to daylight hours by means of a programmable timer. When installation exceeds manufacturers' design requirements electric roof and gutter deicing systems shall have automatic controls capable of turning off the system with when the outdoor temperature is above 50 degrees F and monitor moisture. Hydronic roof and gutter deicing systems shall have an automatic or manual control that will allow shutoff when the outdoor temperature is above 40 degrees F. (j) Section 503.2.4.5 Snow Melt System Controls. Shall be amended as follows: (Add) 503.2.4.5.1 "Snow Melt Slab Insulation. "R 10 insulation shall be installed under the area to be snow melted or R -5 insulation shall be installed under and at the slab edges of the area to be snow melted. (Add) 403.8.2 "Roof and gutter deicing ". Electric roof and gutter deicing systems shall be self regulating type cable and include automatic controls which limit the use of the system to daylight hours by means of a programmable timer. When installation exceeds manufacturers' design requirements electric roof and gutter deicing systems shall have automatic controls capable of turning off the system with when the outdoor temperature is above 50 degrees F and monitor moisture. Hydronic roof and gutter deicing systems shall have an automatic or manual control that will allow shutoff when the outdoor temperature is above 40 degrees F. Section 2. The International Energy Conservation Code is hereby amended by the addition of an Exhibit A which shall read as follows: Ordinance No. 8, Series 2011 Page 3 Appendix A "Residential Renewable Energy Mitigation Program" SECTION 101 SCOPE AND ADMINISTRATION Section 101.1 Scope. Residential snowmelt, outside pool, or outside spa systems and equipment may be installed only if the supplemental energy meets the requirements of the Residential Renewable Energy Mitigation Program (RREMP) Appendix A. 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 that include systems described in section 101.1. Residential Building is defined in IECC section 202. Section 101.2 Residential Renewable Energy Mitigation Program (RREMP) Option — Exterior energy use for residential snowmelt systems, outdoor spas, and outdoor pools are calculated as directed by Section 201. Section 101.3 On -site Renewable Credits Option — Renewable credit options are calculated as directed by Section 301. Section 102 Payment option. The RREMP payment option is the difference in energy use calculated in section 202 and on -site renewable credits calculated in section 302 and shall be paid at the time of issuance of the building permit. The payment, if any, is based on the amount of energy required, expressed as dollars per square foot, to operate the exterior energy use systems. No payment shall be made to an applicant that exceeds the energy use with on -site renewable credits. 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 ajoint resolution by the Aspen City Council and Pitkin County Board of County Commissioners. Section 103 Credits for on -site renewable energy. This RREMP payment option is voluntary. Applicants interested in exterior energy use systems can altematively choose to produce on -site renewable energy (Section 301) with solar photovoltaics and/or solar hot water. Also the energy efficient technology of ground source heat pump systems (GSHP) is permitted for supplemental on -site energy. Micro -hydro and wind generation systems will be credited according to industry standard site specific production reports. The building official and CORE may approve offsite locations within the City of Aspen. Section 104 Pre - existing systems. Pre - existing snowmelt, pools or spas which are being overhauled or renovated qualify for exterior energy credit. This credit can only be applied towards an installation of exterior energy on the same parcel by inspection before demolition. The calculation of the credit shall be based on section 301. Section 105 - Residential Repairs. Repairs to building components, systems, or equipment which do not increase their pre- existing energy consumption need not comply with RREMP. All replacement mechanical equipment shall be Energy Star© rated. SECTION 201 EXTERIOR ENERGY USE CALCULATIONS Section 201.1 Snow melt energy consumption shall be calculated as a RREMP payment option at $34.00 per square foot divided by the boiler efficiency (AFUE). Electric snow melt energy consumption shall be Ordinance No. 8, Series 2011 Page 4 calculated as a RREMP payment option at $34.00 per square foot. Exception: Areas critical to pedestrian ingress, egress or life safety may be snow melted with the approval of the building official. Section 201.2 Outdoor pool energy use shall be calculated as a RREMP payment option at $136.00 per square foot divided by the boiler efficiency (AFUE). Section 2013 Spa energy use shall be calculated as a RREMP payment option at $176.00 per square foot divided by the boiler efficiency (AFUE). Package portable self contained spas not more than 64 square feet are exempt. Section 201.4 The area of electric or hydronic roof and gutter deicing systems extending from the roof eave edge beyond six feet inside the exterior wall line measured beyond the sloped roof surface shall be considered a snow melt system and subject to mitigation calculated in section 201.1. Section 202 The total RREMP payment option is the total sum of exterior energy use of sections 201.1, 201.2 and 201.3. SECTION 301 ON -SITE RENEWABLE CREDITS Section 301.1 Photovoltaic Systems — On -site renewable credit shall be calculated as $6,250.00 per 1 Kilo Watt of the system design. Solar electric (photovoltaic) systems tied to the electric grid, are eligible for on -site renewable credit. Systems must be sited, oriented and installed for solar electric panels to supply at least 90% of rated capacity of the installed KW. System designer /installer must be certified by COSEIA (Colorado Solar Energy Industries Association) , NABCEP (National Association of Board Certified Energy Professionals) or a licensed electrical contractor registered with the City of Aspen. The code official is authorized to accept other certification agencies that satisfy equivalent requirement and qualifications. Section 301.2 Solar Hot Water - On -site renewable credit shall be calculated as $125.00 per 1 square foot of the system design. System designer /installer must be certified by COSEIA (Colorado Solar Energy Industries Association) , NABCEP (National Association of Board Certified Energy Professionals) or a licensed plumbing contractor registered with the City of Aspen.. The code official is authorized to accept other certification agencies that satisfy equivalent requirement and qualifications. Section 301.3 Ground Source Heat Pump - On -site renewable credit shall be calculated as $1,400 per 10,000 BTU per hour of the system capacity. In order to use a GSHP for on -site renewable credit the GSHP system must supply at least 40% of the peak load for heating and cooling the building (Manual J or approved equivalent). A minimum COP of 3 at entering source water temperature maximum of 30 degrees and leaving load water temperature minimum of 110 degrees shall be the design criteria. Section 302 The total RREMP on -site renewable credit is the total sum of sections 301.1, 301.2 and 301.3. PUBLIC DOMAIN SOFTWARE Section 401 A free calculation program known as RREMP 2009 shall be made available to the public. Ordinance No. 8, Series 2011 Page 5 - EXAMPLE CALCULATION FOR RESIDENTIAL RENEWABLE ENERGY MITIGATION PROGRAM Snowmelt Example (Snowmelt requested 800 sq. ft.) $34.00 *800/ .91 (efficiency rating of boiler) = $29,890.11 RREMP payment option for exterior energy use will be $29,890.11 ON -SITE RENEWABLE CREDITS 96 square feet of solar hot water panels *$125.00 per square foot = $12,000.00 RREMP payment option will be $17,890.11 OR 4.8 KW photovoltaic system *$6,250.00 per kilowatt = $30.000.00 RREMP payment option will be $0 Section 3. The International Energy Conservation Code is hereby amended by the addition of an Exhibit B which shall read as follows: Appendix B "Commercial Renewable Energy Mitigation Program" SECTION 101 SCOPE AND ADMINISTRATION. Section 101.1 Scope. Commercial snowmelt, outside pool, or outside spa systems and equipment may be installed only if the supplemental energy meets the requirements of the Commercial Renewable Energy Mitigation Program (CREMP) Appendix B. 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 that include systems described in section 101.1. Commercial Building is defined in IECC section 202. Section 101.2 Commercial Renewable Energy Mitigation Program (CREMP) Option — Exterior energy use for commercial snowmelt systems, outdoor spas, and outdoor pools are calculated as directed by Section 201. Section 101.3 On - site Renewable Credits Option — Renewable credit options are calculated as directed by Section 301. Section 102 Payment option. The CREMP payment option is the difference in energy use calculated in section 202 and on -site renewable credits calculated in section 302 and shall be paid at the time of issuance of the building permit. The payment, if any, is based on the amount of energy required, expressed as dollars per square foot, to operate the exterior energy use systems. No payment shall be made to an applicant that exceeds the energy use with on -site renewable credits. 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. Ordinance No. 8, Series 2011 Page 6 Section 103 Credits for on -site renewable energy. This CREMP payment option is voluntary. Applicants interested in exterior energy use systems can alternatively choose to produce on -site renewable energy (Section 301) with solar photovoltaics and/or solar hot water. Also the energy efficient technology of ground source heat pump systems (GSHP) is permitted for supplemental on -site energy. Micro -hydro and wind generation systems will be credited according to industry standard site specific production reports. The building official and CORE may approve offsite locations within the City of Aspen. Section 104 Pre - existing systems. Pre - existing snowmelt, pools or spas which are being overhauled or renovated qualify for exterior energy credit. This credit can only be applied towards an installation of exterior energy on the same parcel by inspection before demolition. The calculation of the credit shall be based on section 301. Section 105 - Commercial Repairs. Repairs to building components, systems, or equipment which do not increase their pre- existing energy consumption need not comply with CREMP. Section 201 EXTERIOR ENERGY USE CALCULATIONS Section 201.1 Snow melt energy consumption shall be calculated as a CREMP payment option at $60.00 per square foot divided by the boiler efficiency (AFUE). Electric snow melt energy consumption shall be calculated as a CREMP payment option at $60.00 per square foot. Exception: Areas critical to pedestrian ingress, egress or life safety may be snow melted with the approval of the building official. Section 201.2 Outdoor pool energy use shall be calculated as a CREMP payment option at $170.00 per square foot divided by the boiler efficiency (AFUE). Section 201.3 Spa energy use shall be calculated as a CREMP payment option at $176.00 per square foot divided by the boiler efficiency (AFUE). Package portable self contained spas not more than 64 square feet are exempt. Section 201.4 The area of electric or hydronic roof and gutter deicing systems extending from the roof eave edge beyond six feet inside the exterior wall line measured beyond the sloped roof surface shall be considered a snow melt system and subject to mitigation calculated in section 201.1. Section 202 The total CREMP payment option is the total sum of exterior energy use of sections 201.1, 201.2 and 201.3. Section 301 ON -SITE RENEWABLE CREDITS Section 301.1 Photovoltaic Systems — On -site renewable credit shall be calculated as $6,250.00 per 1 KiloWatt of the system design. Solar electric (photovoltaic) systems tied to the electric grid, are eligible for on -site renewable credit. Systems must be sited, oriented and installed for solar electric panels to supply at least 90% of rated capacity of the installed KW. System designer /installer must be certified by COSEIA (Colorado Solar Energy Industries Association), NABCEP (National Association of Board Certified Energy Professionals) or) or a licensed electrical contractor registered with the City of Aspen.. The code official is authorized to accept other certification agencies that satisfy equivalent requirement and qualifications. Ordinance No. 8, Series 2011 Page 7 Section 301.2 Solar Hot Water - On -site renewable credit shall be calculated as $224.65 per 1 square foot of the system design. System designer /installer must be certified by COSEIA (Colorado Solar Energy Industries Association), NABCEP (National Association of Board Certified Energy Professionals) or a licensed plumbing contractor registered with the City of Aspen.. The code official is authorized to accept other certification agencies that satisfy equivalent requirement and qualifications. Section 301.3 Ground Source Heat Pump - On -site renewable credit shall be calculated as $1,400 per 10,000 BTU per hour of the system capacity. In order to use a GSHP for on -site renewable credit the GSHP system must supply at least 40% of the peak load for heating the building (Manual J or equivalent). A minimum COP of 3 at entering source water temperature maximum of 30 degrees and leaving Load water temperature minimum of 110 degrees shall be the design criteria. Section 302 The total CREMP on -site renewable credit is the total sum of sections 301.1, 301.2 and 301.3. PUBLIC DOMAIN SOFTWARE Section 401 A free calculation program known as CREMP 2009 shall be made available to the public. EXAMPLE CALCULATION FOR COMMERCIAL RENEWABLE ENERGY MITIGATION PROGRAM Snowmelt area 1200 sq. ft. $60.00* 1,200/.92 (efficiency rating of boiler) = $78,260.87 Pool area 700 sq. ft. $170.00 *700 /.92(efficiency rating of boiler)= $119000.00 Spa area 80 sq. ft. $176.00* 80 /.92(efficiency rating of boiler) = $15,304.35 RREMP payment option for exterior energy use will be $222,913.04 ON -SITE RENEWABLE CREDITS 448 square feet of solar hot water panels *$125.00 per square foot = $56,000 20 KW photovoltaic system *$6,241.20 per kilowatt = $124,824.00 RREMP payment option will be $0 Section 4: 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 5: This ordinance shall become effective thirty (30) days following final adoption. [signatures on following page] Ordinance No. 8, Series 2011 Page 8 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14 day of February, 2011. Attest: • /4LL AO Kathryn S. /ch, Michael C. Ireland, City Clerk Mayor FINALLY, adopted, passed and approved this op p day of ar / i , 2011. Attest: 11" , / i f Kathryn Si och, Michael . reland, City Cler Mayor Approved as to form: n lorcester, City Attorney Ordinance No. 8, Series 2011 Page 9 I uc, rtV I J, LV I I ...... r. v • 6184515 C Ad Ticket #5 --- f Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920 -5064 Address: 130 S Galena St E -Mail: ANGELA SCOREY Client: Caller: Kathryn Koch Cit Aspen 2eceipt State: CO Zip: 81611 Ad Name: 6184515A Original Id: 0 Editions: 8ATI /8ATW/ Class: 0990 Start: 02120/11 Stop: 02/20/11 Color: Issue 1 Copyline: 6184515 atw Ordinance #8 R AT Legals LEGAL NOTICE Lines: 20 ORDINANCE #8, 2011, PUBLIC HEARING Depth: 1.68 Ordinance #8. Series of 2011. was adopted on Columns: 1 first reading at the City Council meeting February 14, 2011. This ordinance, if adopted, will adopt the 0 .00 Discount: International Energy Conservation Code. The Commission: 0.00 public hearing on this ordinance is scheduled for February 28, 2011 at 5 PM, City hall. 130 South Net: 0.00 Galena. 0.00 To see the entire text. go to the city's legal notice 0 Tax: website http:l/www.aspenpitkin.cornt Departments /Clerk /Legal Notices/ Total 10.12 If you would like a copy FAXed or e- mailed to you. Payment 0.00 I call the city clerk's office, 429 -2686. Published in the Aspen Times Weekly on February 20.2011. [61845151 Ad shown is not actual print size . E r r a � g o c " x n �w cn �'' w w . <. 0 w r u) n . " y So Q- ti $ ro c ' C a, .., � c M ni “ cn Cn ti cn O O ' • - n l n . 'O 0 ro O O C ¢• rr P- m 'cr 1/41-Cm' � . t ro n 0P n O .7 5 ' n 0 b cn r 0 M a vert . a. ''1' rt " n 2 Q n N O 0 0 C w N 7 n a N ^ g o n r o r, P. 0 ` s rn o e O r ' 7 o q P n rho " '17 edll v w CD 4:1 0 m f n ct cn w w 0 '"Cl N ' O O R ^ N rt a. �' rt r P. 'b `C n trJ cc 2 e a a w - P rt ° ft p v `� z H 9 ' r 'b r* 0 So 5 n 0 b w nr r�'1 H CC 0 � 5. 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