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HomeMy WebLinkAboutWCA-06-05INTRODUCED BY COUNCIL MEMBER GOKEY Council Bill No. 30 -2006 Ordinance No. 1380 Series of 2006 TITLE: AN ORDINANCE AMENDING SECTION 5 -84 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE PRESCRIPTIVE ENERGY CODE. WHEREAS, the City Council of the City of Wheat Ridge finds it in the public interest to encourage energy conservation; and WHEREAS, the City Council adopted a Prescriptive Energy Code in December 2004 which went into effect in January 2005; and WHEREAS, the City Council desires to amend said Prescriptive Energy Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 5 -84(b) of the Wheat Ridge Code of Laws is hereby amended as follows: (b) Amendments. The energy conservation code adopted by this section is hereby amended.... . Chapter 1. Administration 101.2 Scope Exception: Builder may use the City of Wheat Ridge Prescriptive Energy Code as adopted by the City of Wheat Ridge instead of the 2003 Energy Conservation Code. The Prescriptive Energy Code requirements for the City of Wheat Ridge are listed below. hi lieu of compliance with the Prescriptive Energy Code, energy calculations provided by a registered Colorado Engineer demonstrating compliance with the International Energy Code will be accepted prior to issuance of a building permit. Space Heating System Performance Gas Furnaces Gas boilers (including snow melt boilers) on Sized according to ACCA/ANSI Manual J. 90% AFUE required for all new construction, unless REScheck or COMcheck indicates 80% AFUE will meet IECC. All replacement furnaces may be 80% AFUE. Building Official is authorized to make hardship determinations. ono�E Sized according to ACCA/ANSI Manual J. 90% AFUE required for all new construction, unless REScheck or COMcheck indicates 80% AFUE will meet IECC. All replacement furnaces may be 80% AFUE. Building Official is authorized to make hardship determinations. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3 Severability' Conflicting Ordinances Revealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsections and clauses shall not be . affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 27 day of November, 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for December 11, 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 1 this 11th day of December 2006 SIGNED by the Mayor on this 12th day of December 2006 (( A T TEST: Pamela Y. Anderson 1� Y 1st Publication: November 30, 2006 2nd Publication: December 14, 2006 Wheat Ridge Transcript Effective Date: December 29, 2006 CITY COUNCIL MINUTES: December 11, 2006 Page -3- Mr. Gokey asked City Attorney Dahl to go over the significant differences between State Law and this Resolution. Mr. Dahl stated that Amendment 41 is pretty expansive. The State Statute on gifts and gratuities, etc. links the gift with an attempt to influence the public official. Amendment 41's approach to that subject is if you are a public official you may not accept gifts. It makes your status as a public official the reason the gift is illegal. The definition of what is a gift or gratuity under the amendment is considerably broader than Statute. Under the Amendment it's "gifts, gratuities and things of value" and those also go to your dependents and your spouse. He cited as an example a scholarship to a Councilmember's son, that is a gift of value received by a dependent of a public official and is not permitted unless the public official gives equal value back. Motion by Mr. Stites to make a substitute motion to approve Resolution 58 -2006; seconded by Mrs. Sang; failed 4 -2 with Councilmembers Schulz, Berry, Adams and Rotola voting no. Motion to deny carried 5 -2 with Councilmembers Stites and Sang voting no. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 30 -2006 — AN ORDINANCE AMENDING SECTION 5 -84 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE PRESCRIPTIVE ENERGY CODE. (Case No. WCA- 06 -05) Mayor DiTullio opened the public hearing. Council Bill 30 -2006 was introduced on second reading by Mr. Gokey. Clerk read the executive summary and assigned Ordinance No. 1380. Alan White presented the staff report. Sandra Col /ins spoke in support of the Council Bill and asked that it be approved. Mayor DiTullio closed the public hearing. Motion by Mr. Gokey to adopt Council Bill 30 -2006 (Ordinance No. 1380) on second reading, and that it take effect 15 days after final publication; seconded by Mrs. Sang; carried 6 -1 with Mr. Schulz voting no. December 8, 2006 Wheat Ridge Town Council 7500 W 29th Ave Wheat Ridge, CO 80033 RE: High Efficiency Heating Dear Councilpeople: Plumbing & Heating Inc. 11680 West 40 Avenue Wheat Ridge, CO 80033 (303) 421 -2161 Fax (303) 424 -0495 Df-C l 7 ?60 It is our understanding that the City is considering relaxing the requirements of replacing existing forced air furnaces and hot water heating boilers with 90 %+ high efficiency equipment. We applauded Wheat Ridge's decision to enact the International Building Code and the City's decision to enforce the high efficiency standards when they did so over a year ago. If we may, we would like to bring to light the reasons that we feel that the City is correct in continuing to require the high efficiency equipment in replacement situations as well as in new construction. Please keep in mind that the Building Department currently has the ability to override this requirement under certain situations such as in hardship cases. And also bear in mind that this letter is coming from a biased (business wise) point of view. The City of Wheat Ridge admirably considers itself a "Green City ". As we all know, protecting the environment is more important now than ever. We also know that it is very difficult for us as individuals, or even a community, to affect the global environment in a positive way. One of the ways that we can do our part by acting locally is in fact by using high efficiency heating and cooling equipment whenever possible. • We feel that high efficiency is good business High efficiency keeps more money in our resident's pockets year after year. Our local homeowners who are fortunate enough to have high efficiency equipment in their homes will be able to spend the money that they are not sending to Xcel Energy on goods and services within the City. • Realtor's concerns could be addressed by the broker and his client prior to pricing the home, based on whether or not the approximate age of the furnace would indicate a replacement for a successful sale. We have an additional area of concern which is none of our business, however we feel we should mention it. During 2006, Blue Sky Plumbing and Heating has performed 14 replacements that fell under the high efficiency requirements within the City of Wheat Ridge. In some cases the property owners weren't pleased about being required to go high efficiency. On a typical forced air furnace replacement the additional cost of utilizing high efficiency equipment over the traditional efficiencies is approximately $1,000.00. On atypical hot water heating equipment replacement the additional cost of utilizing high efficiency equipment over the traditional efficiencies is approximately $2,500.00. Our concern is that some of these property owners will be very vocal in their displeasure of having spent more in the year 2006 than what they would have been required to spend otherwise. We were caught a little bit by surprise and didn't have the time to provide a more thorough explanation of our views. We do however appreciate your consideration of our views and we are certainly available to discuss this matter if helpful. Respectfully yours, President CC: City of Wheat Ridge Building Department City of Wheat Ridge City Manager of " " ITEM NO: a U m OMR AOO REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: December 11, 2006 TITLE: COUNCIL BILL 30 -2006 AN ORDINANCE AMENDING SECTION 5 -84 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE PRESCRIPTIVE ENERGY CODE (CASE NO. WCA- 06 -05) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (Date: November 27, 2006) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi- Judicial: ❑ Yes No Community Development Director City Manager EXECUTIVE SUMMARY: Council adopted the 2003 International Building Codes in 2004, including the 2003 International Energy Conservation Code (IECC). As an option to complying with the International Energy Code, the City adopted the Prescriptive Energy Code. The Prescriptive Energy Code allows an owner to install a 90% efficient furnace in lieu of performing the energy audits (REScheck or COMcheck) required under the IECC. This item was amended by Council at first reading to require 90% furnaces only for new construction, unless REScheck or COMcheck indicates an 80% furnace would meet the requirements of the IECC. All replacements would be allowed to be 80 %. In all instances, sizing of the furnace would be required by the contractor. The Building Official would be authorized to make hardship determinations. The ordinance has been changed to reflect these amendments. Adoption of this ordinance implements Council's goals of providing better quality housing stock and planning for growth and opportunities. COMMISSIONBOARD RECOMMENDATION: The Building Code Advisory Board recommended adoption of the Prescriptive Energy Code with the 90% efficient furnace option. STATEMENT OF THE ISSUES• The current requirement is that REScheck and COMcheck must be performed. In lieu of this, an owner can opt to use a 90% furnace, or request a hardship determination. REScheck and COMcheck allow 80% furnaces to be used if the entire structure receives a passing grade. This could include replacing windows, installing storm doors, and performing any number of energy saving actions white using an 80% furnace. Many owners and contractors do not want to take the time to perform these audits and possibly will not have the information to completely perform REScheck. The cost of the 90% furnaces has been a major concern. Some of the additional cost is the cost of the unit, but also the cost of installing new venting. The installation of an 80% furnace might require the installation of new venting as well, increasing the cost of an 80% furnace. Also, we heard from the furnace supplier that many contractors simply replace a furnace with the same size (BTLO furnace as was removed. It could be that the cost of a smaller 90% furnace would equal the cost of a larger 80% furnace. ALTERNATIVES CONSIDERED• 1. Allow 80% furnace replacements for owner - occupied units only. Require 90% furnaces for new construction, rental unit replacements, and all commercial replacements, unless REScheck or COMcheck is performed. 2. Require 80% furnaces in all instances. 3. Retain the existing requirement to require REScheck or COMcheck, or opt to follow the Prescriptive Energy Code and install a 90% furnace. FINANCIAL IMPACT: There could be a change in the amount of building permit revenue and use tax collected by the City, but it is difficult to predict if it will be an increase or decrease. RECOMMENDED MOTION: "I move to adopt Council Bill 30 -2006 on second reading, and that it take effect 15 days after final publication." Report Prepared by: Alan White, Community Development Director Reviewed by: Attachments: 1. Council Bill 30 -2006 1ABuilding \Code changesTEC Amendment 2nd CAF.doc INTRODUCED BY COUNCIL MEMBER GOKEY Council Bill No. 30 -2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE AMENDING SECTION 5 -84 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE PRESCRIPTIVE ENERGY CODE. WHEREAS, the City Council of the City of Wheat Ridge finds it in the public interest to encourage energy conservation; and WHEREAS, the City Council adopted a Prescriptive Energy Code in December 2004 which went into effect in January 2005; and WHEREAS, the City Council desires to amend said Prescriptive Energy Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Sec_ tion 1. Section 5 -84(b) of the Wheat Ridge Code of Laws is hereby amended as follows: (b) Amendments. The energy conservation code adopted by this section is hereby amended.... . Chapter 1. Administration 101.2 Scope Exception: 1. Builder may use the City of Wheat Ridge Prescriptive Energy Code as adopted by the City of Wheat Ridge instead of the 2003 Energy Conservation Code. The Prescriptive Energy Code requirements for the City of Wheat Ridge are listed below. In lieu of compliance with the Prescriptive Energy Code, energy calculations provided by a registered Colorado Engineer demonstrating compliance with the International Energy Code will be accepted prior to issuance of a building permit. ATTACHMENT I Space Heating System Performance Gas Furnaces Gas boilers (including snow melt boilers) 4 A L E �-_ -•�� Sized according to ACCA/ANSI Manual J. 90% AFUE required for all new construction, unless REScheck or COMcheck indicates 80% AFUE will meet IECC. All replacement furnaces may be 80% AFUE. Building Official is authorized to make hardship determinations. 9G Ar. � F r , T Sized according to ACCA/ANSI Manual J. 90% AFUE required for all new construction, unless REScheck or COMcheck indicates 80% AFUE will meet IECC. All replacement furnaces may be 80% AFUE. Building Official is authorized to make hardship determinations. S_ ection 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability' Conflicting Ordinances Repealed If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 27` day of November, 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for December 11, 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2006 SIGNED by the Mayor on this day of 2006 JERRY DITULLIO, MAYOR ATTEST: Pamela Y. Anderson APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st Publication: November 30, 2006 2nd Publication: Wheat Ridge Transcript Effective Date: of w Egr ITEM NO: � P o V o oRPOO m REQUEST FOR CITY COUNCIL ACTION rig1 r 'J dr' �'j, COUNCIL MEETING DATE: December 11, 2006 TITLE: COUNCIL BILL 30 -2006 AN ORDINANCE AMENDING SECTION 5 -84 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE PRESCRIPTIVE ENERGY CODE (CASE NO. WCA- 06 -05) ® PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING (Date: November 27, 2006) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi - Judicial: ■ ►1 Community Development Director City Manager EXECUTIVE SUMMARY: Council adopted the 2003 International Building Codes in 2004, including the 2003 International Energy Conservation Code (IECC). As an option to complying with the International Energy Code, the City adopted the Prescriptive Energy Code. The Prescriptive Energy Code allows an owner to install a 90% efficient furnace in lieu of performing the energy audits (REScheck or COMcheck) required under the IECC. This item was amended by Council at first reading to require 90% furnaces only for new construction, unless REScheck or COMcheck indicates an 80% furnace would meet the requirements of the IECC. All replacements would be allowed to be 80 %. In all instances, sizing of the furnace would be required by the contractor. The Building Official would be authorized to make hardship determinations. The ordinance has been changed to reflect these amendments. Adoption of this ordinance implements Council's goals of providing better quality housing stock and planning for growth and opportunities. COMMISSIONBOARD RECOMMENDATION: The Building Code Advisory Board recommended adoption of the Prescriptive Energy Code with the 90% efficient fumace option. STATEMENT OF THE ISSUES: The current requirement is that REScheck and COMcheck must be performed. In lieu of this, an owner can opt to use a 90% furnace, or request a hardship determination. REScheck and COMcheck allow 80% furnaces to be used if the entire structure receives a passing grade. This could include replacing windows, installing storm doors, and performing anynumber of energy saving actions while using an 80% furnace. Many owners and contractors do not want to take the time to perform these audits and possibly will not have the information to completely perform REScheck. The cost of the 90% furnaces has been a major concern. Some of the additional cost is the cost of the unit, but also the cost of installing new venting. The installation of an 80% furnace might require the installation of new venting as well, increasing the cost of an 80% furnace. Also, we heard from the furnace supplier that many contractors simply replace a furnace with the same size (BTU) furnace as was removed. It could be that the cost of a smaller 90% furnace would equal the cost of a larger 80% furnace. ALTERNATIVES CONSIDERED: 1. Allow 80% furnace replacements for owner - occupied units only. Require 90% furnaces for new construction, rental unit replacements, and all commercial replacements, unless REScheck or COMcheck is performed. 2. Require 80% furnaces in all instances. 3. Retain the existing requirement to require REScheck or COMcheck, or opt to follow the Prescriptive Energy Code and install a 90% furnace. FINANCIAL IMPACT: There could be a change in the amount of building permit revenue and use tax collected by the City, but it is difficult to predict if it will be an increase or decrease. RECOMMENDED MOTION: "I move to adopt Council Bill 30 -2006 on second reading, and that it take effect 15 days after final publication." Report Prepared by: Alan White, Community Development Director Reviewed by: Attachments: 1. Council Bill 30 -2006 I:\Building \Code changes\PEC Amendment 2nd CAF.doc 4 WH&-. p ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 27, 2006 TITLE: COUNCIL BILL 30 -2006 AN ORDINANCE AMENDING SECTION 5 -84 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE PRESCRIPTIVE ENERGY CODE (CASE NO. WCA- 06 -05) ❑ PUBLIC HEARING N ORDINANCES FOR 1 ST READING (Date: November 27, 2006) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi - Judicial: ❑ N Yes No ommunity Development Director EXECUTIVE SUMMARY: C� City Mana Council adopted the 2003 International Building Codes in 2004, including the 2003 International Energy Conservation Code (IECC). As an option to complying with the International Energy Code, the City adopted the Prescriptive Energy Code. The Prescriptive Energy Code allows an owner to install a 90% efficient furnace in lieu of performing the energy audits (REScheck or COMcheck) required under the IECC. This item was discussed by Council at a study session on November 6, 2006. The consensus of Council was to bring forward an ordinance amending the Prescriptive Energy Code to require correct sizing of furnaces under ACCA/ANSI Manual J and the performance of REScheck or COMcheck. Exemptions from the requirements would be allowed in cases of hardship as determined by the Building Official. The sizing requirement in combination with performing REScheck or COMcheck provides several options for owners to consider in meeting the energy conservation requirements of the code when replacing furnaces. The proposed ordinance amends the prescriptive energy accordingly. Adoption of this ordinance implements Council's goals of providing better quality housing stock and planning for growth and opportunities. COMMISSION /BOARD RECOMMENDATION: The Building Code Advisory Board recommended adoption of the Prescriptive Energy Code with the 90% efficient furnace option. STATEMENT OF THE ISSUES: Other than requiring contractors to perform the necessary calculations to install the correct size furnace (in terms of BTUs), the proposed ordinance essentially reverts to the IECC for energy conservation requirements, meaning that the performance of REScheck and COMcheck would be required. This is exactly the requirement now which does not seem to meet the entire intent of Council's study session discussion and consensus. There has been significant misinformation circulating about the City's requirement. The current requirement is that REScheck and COMcheck must be performed. In lieu of this, an owner can opt to use a 90% furnace, or request a hardship determination. REScheck and COMcheck allow 80% furnaces to be used if the entire structure receives a passing grade. This could include replacing windows, installing storm doors, and performing any number of energy saving actions while using an 80% furnace. Many owners and contractors do not want to take the time to perform these audits and possibly will not have the information to completely perform REScheck. The cost of the 90% furnaces has been a major concern. Some of the additional cost is the cost of the unit, but also the cost of installing new venting. The installation of an 80% furnace might require the installation of new venting as well, increasing the cost of an 80% furnace. Also, we heard from the furnace supplier that many contractors simply replace a furnace with the same size (BTU) furnace as was removed. It could be that the cost of a smaller 90% furnace would equal the cost of a larger 80% furnace. Other options presented in the staff memo for the study session included: • Requiring 90% furnaces for new construction only, and • Repealing the International Energy Conservation Code, effectively having no requirement. ALTERNATIVES CONSIDERED: 1. Require 90% furnaces only for new construction. All replacements would be allowed to be 80 %. 2. Allow 80% furnace replacements for owner- occupied units only. Require 90% furnaces for new construction, rental unit replacements, and all commercial replacements, unless REScheck or COMcheck is performed. 3. Require 80% furnaces in all instances. Staff recommends requiring 90% furnaces for all new construction, unless REScheck or COMcheck indicates an 80% furnace will meet the requirements of the IECC. All replacements would be allowed to be 80% f imaces. In all instances, sizing of the furnace would be required by the contractor. The Building Official would be authorized to make hardship determinations as is now the case. l:\Building \Code changes\PEC Amendment 1 st CAF.doc FINANCIAL IMPACT: There could be a change in the amount of building permit revenue and use tax collected by the City, but it is difficult to predict if it will be an increase or decrease. RECOMMENDED MOTION: "I move to adopt Council Bill 3Q -2006 on first reading, order it published, second reading set for Monday, December 11, 2006 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication." To amend the ordinance as proposed, add one of the following amendments: Option A: 90% furnaces shall be required for all new construction, unless REScheck or COMcheck indicates an 80% furnace will meet the requirements of the IECC. All replacement furnaces will be allowed to be 80% furnaces. In all instances, sizing of the furnace will be required by the contractor. The Building Official is authorized to make hardship determinations. Option B: 80% furnace replacements shall be allowed only for owner - occupied units. 90% furnaces shall be required for new construction, rental unit replacements, and all commercial replacements, unless REScheck or COMcheck indicates an 80% furnace will meet the requirements of the IECC. In all instances, sizing of the furnace will be required by the contractor. The Building Official is authorized to make hardship determinations. Option C. 80% furnaces shall be required for all new construction and replacement installations. Report Prepared by: Alan White, Community Development Director Reviewed by: Attachments: 1. Study Session Minutes 2. Council Bill 30 -2006 L•\Building \Code changes\PEC Amendment 1 st CAF.doc STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO November 6, 2006 Mayor DiTullio called the Study Session Meeting of November 6, 2006 to order at 6:30 p.m. Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble. Also present: Deputy City Clerk, Christa Jones; City Manager, Randy Young; Chief of Police, Dan Brennan; Director of Community Development, Alan White; Chief Building Inspector, Chad Root; Building Code Advisory Board members: Sharon Younger, Kenneth Adams, Ralph Santangelo, John Kellow and James Molnar. Item 1. Staff Reports a) Resolution Methamphetamine Clean -up b) Radio System — Signal Amplifier at Wheat Ridge Middle School c) Proposed Police Mobile Incident Command Post a) Chief Brennan asked for consensus to move forward with a Resolution to designate the JCDHE as the governing body over methamphetamine lab cleanup as described in 25 -18.5. Consensus was 8 in favor. b) Chief Brennan asked for consensus to move forward with a Resolution implementing the BDA project utilizing existing city funds from the radio project reserves. Consensus was 8 in favor. c) Chief Brennan asked for consensus to remodel and equip an existing police department vehicle as a Command Post multi- functioning vehicle and bring this forth as a budget amendment item. Consensus was 8 in favor. Item 2. Furnace & Shingles Code (Joint Meeting with Building Code Advisory Board) Item 3 . Council Bill 38 -2006 — An Ordinance Adopting the National Electrical Code 2005, NFPA 70: National Electric Code Chad Root gave a power point presentation on shingles, furnaces and wiring. Mike Denison of Trane Heating and Cooling Systems gave presentation on furnaces. ATTACHMENT 1 .. x .. - • ,.- .,fig - }7F 77 �hT w a� r,F VS , - i µ�: STUDY SESSION NOTES: November 6, 2006 Questions and comments followed. Page -2- Mr. White suggested that instead of having the 90% requirement, language be added to say Perforr RES check or COM Check and he is trying to bring in the load calculations as well. Put that in as & 2 options in the Prescriptive Energy Code. Then it is truly is a choice. Do your load calculations an maybe only need a 70% or 80% furnace to meet the load calculation. That in combination with stor doors gets you past RES check. It would give all kinds of options to meet the National Energy Cod( We don't want to repeal the International Energy Conservation Code. Consensus was 8 in favor to look at Mr. White's recommendations on first reading. Councilmember Berry asked for consensus to create two different wind zones (110 and 100 mph) ft different areas of the City as outlined in the study. Consensus was 8 in favor. Councilmember Gokey asked for consensus to pass the NEC in its original entirety, excluding the removal of conduit and extra wire. Consensus was 5 in favor with the Mayor breaking the 4 -4 ti Consensus was 8 in favor to bring this back to Council at Mr. White's discretion. Item 4. Regulation of Social Clubs Chief Brennan and Alan White presented the staff report. Consensus was 8 in favor to have the City Attorney, Alan White and Chief Brennan work on an Ordinance addressing both zoning changes and licensing requirements and bring it back to City Council for discussion. Item 5. Code Enforcement Administrative Hearings Chief Brennan, Alan White and Kersten Armstrong presented the staff report. Consensus was 8 in favor to bring this forward to a study session in form of a program for Council to look at. Meeting adjourned at 10:05 p.m. Christa Jones, Deputy Cit Jerk INTRODUCED BY COUNCIL MEMBER Council Bill No. 30 -2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE AMENDING SECTION 5 -84 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE PRESCRIPTIVE ENERGY CODE. WHEREAS, the City Council of the City of Wheat Ridge finds it in the public interest to encourage energy conservation; and WHEREAS, the City Council adopted a Prescriptive Energy Code in December 2004 which went into effect in January 2005; and WHEREAS, the City Council desires to amend said Prescriptive Energy Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 5 -84(b) of the Wheat Ridge Code of Laws is hereby amended as follows: (b) Amendments. The energy conservation code adopted by this section is hereby amended.... . Chapter 1. Administration 101.2 Scope Exception: 1. Builder may use the City of Wheat Ridge Prescriptive Energy Code as adopted by the City of Wheat Ridge instead of the 2003 Energy Conservation Code. The Prescriptive Energy Code requirements for the City of Wheat Ridge are listed below. In lieu of compliance with the Prescriptive Energy Code, energy calculations provided by a registered Colorado Engineer demonstrating compliance with the International Energy Code will be accepted prior to issuance of a building permit. ATTACHMENT 2 1: \Bui1ding \Code changes \PEC Amendment Space Heating System Performance Gas Furnaces Gas boilers (including snow melt boilers) ono �E Sized according to ACCA/ANSI Manual J and meet REScheck or COMcheck 90 E Sized according to ACCA/ANSI Manual J and meet REScheck or COMcheck Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to on this day of , 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 1 2006 SIGNED by the Mayor on this day of , 2006 JERRY DITULLIO, MAYOR I: \Building \Code changes\PEC Amendment Ord.doc ATTEST: Pamela Y. Anderson APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: 1ABuilding \Code changes\PEC Amendment Ord.doc of wR�T ITEM NO: h o o CORAD m REQUEST FOR CITY COUNCIL ACTION i 426 �k COUNCIL MEETING DATE: November 27, 2006 TITLE: COUNCIL BILL 30 -2006 AN ORDINANCE AMENDING SECTION 5 -84 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE PRESCRIPTIVE ENERGY CODE (CASE NO. WCA- 06 -05) ❑ PUBLIC HEARING ® ORDINANCES FOR 1 ST READING (Date: November 27, 2006) ❑ BIDS /MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi - Judicial: ❑ Yes No 1! r, ommunity Development Director City Manager EXECUTIVE SUMMARY: Council adopted the 2003 International Building Codes in 2004, including the 2003 International Energy Conservation Code (IECC). As an option to complying with the International Energy Code, the City adopted the Prescriptive Energy Code. The Prescriptive Energy Code allows an owner to install a 90% efficient furnace in lieu of performing the energy audits (REScheck or COMcheck) required under the IECC. This item was discussed by Council at a study session on November 6, 2006. The consensus of Council was to bring forward an ordinance amending the Prescriptive Energy Code to require correct sizing of furnaces under ACCA/ANSI Manual J and the performance of REScheck or COMcheck. Exemptions from the requirements would be allowed in cases of hardship as determined by the Building Official. The sizing requirement in combination with performing REScheck or COMcheck provides several options for owners to consider in meeting the energy conservation requirements of the code when replacing furnaces. The proposed ordinance amends the prescriptive energy accordingly. Adoption of this ordinance implements Council's goals of providing better quality housing stock and planning for growth and opportunities. COMMISSION /BOARD RECOMMENDATION: The Building Code Advisory Board recommended adoption of the Prescriptive Energy Code with the 90% efficient furnace option. STATEMENT OF THE ISSUES: Other than requiring contractors to perform the necessary calculations to install the correct size furnace (in terms of BTUs), the proposed ordinance essentially reverts to the IECC for energy conservation requirements, meaning that the performance of REScheck and COMcheck would be required. This is exactly the requirement now which does not seem to meet the entire intent of Council's study session discussion and consensus. There has been significant misinformation circulating about the City's requirement. The current requirement is that REScheck and COMcheck must be performed. In lieu of this, an owner can opt to use a 90% furnace, or request a hardship determination. REScheck and COMcheck allow 80% furnaces to be used if the entire structure receives a passing grade. This could include replacing windows, installing storm doors, and performing any number of energy saving actions while using an 80% furnace. Many owners and contractors do not want to take the time to perform these audits and possibly will not have the information to completely perform REScheck. The cost of the 90% furnaces has been a major concern. Some of the additional cost is the cost of the unit, but also the cost of installing new venting. The installation of an 80% furnace might require the installation of new venting as well, increasing the cost of an 80% furnace. Also, we heard from the furnace supplier that many contractors simply replace a furnace with the same size (BTU) furnace as was removed. It could be that the cost of a smaller 90% furnace would equal the cost of a larger 80% furnace. Other options presented in the staff memo for the study session included: • Requiring 90% furnaces for new construction only, and • Repealing the International Energy Conservation Code, effectively having no requirement. ALTERNATIVES CONSIDERED: 1. Require 90% furnaces only for new construction. All replacements would be allowed to be 80 %. 2. Allow 80% furnace replacements for owner - occupied units only. Require 90% furnaces for new construction, rental unit replacements, and all commercial replacements, unless REScheck or COMcheck is performed. 3. Require 80% furnaces in all instances. Staff recommends requiring 90% furnaces for all new construction, unless REScheck or COMcheck indicates an 80% furnace will meet the requirements of the IECC. All replacements would be allowed to be 80% furnaces. In all instances, sizing of the furnace would be required by the contractor. The Building Official would be authorized to make hardship determinations as is now the case. I:\DWIding \Code changes\PEC Amendment 1st CAF.doc FINANCIAL IMPACT: There could be a change in the amount of building permit revenue and use tax collected by the City, but it is difficult to predict if it will be an increase or decrease. "I move to adopt Council Bill 31 -2006 on first reading, order it published, second reading set for Monday, December 11, 2006 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication." To amend the ordinance as proposed, add one of the following amendments: Option A: 90% furnaces shall be required for all new construction, unless REScheck or COMcheck indicates an 80% furnace will meet the requirements of the IECC. All replacement furnaces will be allowed to be 80% furnaces. In all instances, sizing of the furnace will be required by the contractor. The Building Official is authorized to make hardship determinations. Option B: 80% furnace replacements shall be allowed only for owner - occupied units. 90% furnaces shall be required for new construction, rental unit replacements, and all commercial replacements, unless REScheck or COMcheck indicates an 80% furnace will meet the requirements of the IECC. In all instances, sizing of the furnace will be required by the contractor. The Building Official is authorized to make hardship determinations. Option C: 80% furnaces shall be required for all new construction and replacement installations. Report Prepared by: Alan White, Community Development Director Reviewed by: Attachments: 1. Study Session Minutes 2. Council Bill 30 -2006 1dBuildingkCode changesTEC Amendment 1st CAF.doc STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO November 6, 2006 Mayor DiTullio called the Study Session Meeting of November 6, 2006 to order at 6:30 p.m. Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, Mike Stites, and Terry Womble. Also present: Deputy City Clerk, Christa Jones; City Manager, Randy Young; Chief of Police, Dan Brennan; Director of Community Development, Alan White; Chief Building Inspector, Chad Root; Building Code Advisory Board members: Sharon Younger, Kenneth Adams, Ralph Santangelo, John Kellow and James Molnar. Item 1. Staff Reports a) Resolution Methamphetamine Clean -up b) Radio System — Signal Amplifier at Wheat Ridge Middle School c) Proposed Police Mobile Incident Command Post a) Chief Brennan asked for consensus to move forward with a Resolution to designate the JCDHE as the governing body over methamphetamine lab cleanup as described in 25 -18.5. Consensus was 8 in favor. b) Chief Brennan asked for consensus to move forward with a Resolution implementing the BDA project utilizing existing city funds from the radio project reserves. Consensus was 8 in favor. c) Chief Brennan asked for consensus to remodel and equip an existing police department vehicle as a Command Post multi- functioning vehicle and bring this forth as a budget amendment item. Consensus was 8 in favor. Item 2. Furnace & Shingles Code (Joint Meeting with Building Code Advisory Board) Item 3 . Council Bill 38 -2006 — An Ordinance Adopting the National Electrical Code 2005, NFPA 70: National Electric Code Chad Root gave a power point presentation on shingles, furnaces and wiring. Mike Denison of Trane Heating and Cooling Systems gave presentation on furnaces. ATTACHMENT 1 STUDY SESSION NOTES: November 6, 2006 Questions and comments followed. Page -2- Mr. White suggested that instead of having the 90% requirement, language be added to say PerForr RES check or COM Check and he is trying to bring in the load calculations as well. Put that in as th 2 options in the Prescriptive Energy Code. Then it is truly is a choice. Do your load calculations an. maybe only need a 70% or 80% furnace to meet the load calculation. That in combination with ston doors gets you past RES check. It would give all kinds of options to meet the National Energy Code We don't want to repeal the International Energy Conservation Code. Consensus was 8 in favor to look at Mr. White's recommendations on first reading. Councilmember Berry asked for consensus to create two different wind zones (110 and 100 mph) fc different areas of the City as outlined in the study. Consensus was 8 in favor. Councilmember Gokey asked for consensus to pass the NEC in its original entirety, excluding the removal of conduit and extra wire. Consensus was 5 in favor with the Mayor breaking the 4-4 ti Consensus was 8 in favor to bring this back to Council at Mr. White's discretion. Item 4. Regulation of Social Clubs Chief Brennan and Alan White presented the staff report. Consensus was 8 in favor to have the City Attorney, Alan White and Chief Brennan work on an Ordinance addressing both zoning changes and licensing requirements and bring it back to City Council for discussion. Item 5. Code Enforcement Administrative Hearings Chief Brennan, Alan White and Kersten Armstrong presented the staff report. Consensus was 8 in favor to bring this forward to a study session in form of a program for Council to look at. Meeting adjourned at 10:05 p.m. Christa Jones, Deputy Cit Jerk INTRODUCED BY COUNCIL MEMBER Council Bill No. 30 -2006 Ordinance No. Series of 2006 TITLE: AN ORDINANCE AMENDING SECTION 5 -84 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE PRESCRIPTIVE ENERGY CODE. WHEREAS, the City Council of the City of Wheat Ridge finds it in the public interest to encourage energy conservation; and WHEREAS, the City Council adopted a Prescriptive Energy Code in December 2004 which went into effect in January 2005; and WHEREAS, the City Council desires to amend said Prescriptive Energy Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Section 5 -84(b) of the Wheat Ridge Code of Laws is hereby amended as follows: (b) Amendments. The energy conservation code adopted by this section is hereby amended.... . Chapter 1. Administration 101.2 Scope Exception: Builder may use the City of Wheat Ridge Prescriptive Energy Code as adopted by the City of Wheat Ridge instead of the 2003 Energy Conservation Code. The Prescriptive Energy Code requirements for the City of Wheat Ridge are listed below. In lieu of compliance with the Prescriptive Energy Code, energy calculations provided by a registered Colorado Engineer demonstrating compliance with the International Energy Code will be accepted prior to issuance of a building permit. ATTACHMENT 2 IABuilding \Code changesTEC Amendment Space Heating System Performance Gas Furnaces Gas boilers (including snow melt boilers) 901E Sized according to ACCA/ANSI Manual J and meet REScheck or COMcheck 900 Sized according to ACCA/ANSI Manual J and meet REScheck or COMcheck Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability: Conflicting Ordinances Revealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. Effective Date. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2006, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2006, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of SIGNED by the Mayor on this day of 2006 2006 JERRY DITULLIO, MAYOR 1: \Building \Code ehangesTEC Amendment Ord.doc ATTEST: Pamela Y. Anderson APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: (:\Building \Code changes \PEC Amendment Ord.doe Case No.: FVCA0605 Quarter Section Map No.: App: Last Name: JCitywide Related Cases; App: First Name: Case History: mend Section 5-84 p ert aining to the Owner: Last Name: P rescriptive Energy Code .. Owner: First Name: App Address: Review Body: Fcc. 11127106 _(1st) City, State Zip: App:Phone: APN: Owner Address: 2nd Review Body: ]CC: 12111106 (2nd) City/State/Zip: 2nd Review Date: I Owner Phone: Decision-making Body: rc-C Project Address: Approval/Denial Date: Street Name: City/State, Zip: Reso/Ordinance No.: F� Case Disposition: Conditions of Approval: F� District: F_ Project Planner: Ohite File Location: iActive Date Received: F11117/2006 Notes: Pre-App Date: Follow-Up: twaRgage �1'.