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HomeMy WebLinkAbout03-25-24 - Special Study Session Agenda PacketSPECIAL STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO March 25, 2024 6:30 pm This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building. City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on March 25, 2024) 3. Virtually attend and participate in the meeting through a device or phone: • Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on March 25, 2024) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. Public Comment on Agenda Items 1. Land Acquisition Process for Ward Transit Station Area Pedestrian Bridge and Trail 2. 2024 Building Code Update 3. Staff Report(s) 4. Elected Officials’ Report(s) Item No. 1 Memorandum TO: Mayor and City Council FROM: Maria D’Andrea, Director of Public Works DATE: March 25, 2024 SUBJECT: Land Acquisition Process for Ward Transit Station Area Pedestrian Bridge and Trail Project ISSUE: In 2022, the city successfully received a portion of the needed construction funding through the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP) process to construct a pedestrian bridge over the RTD rail tracks near the Ward Station along with a multi-use trail from the south end of the bridge to the I-70 frontage road. To construct this project, it is necessary to acquire portions of private property from landowners. In total, property from fourteen (14) separate parcels must be acquired which includes nine (9) right-of-way parcels, seven (7) permanent easements, and seven (7) temporary easements. Staff are also proposing vacating a portion of the existing right-of-way, currently owned by the City of Wheat Ridge, to an adjacent property owner to reduce impacts to the acquisition of a portion of that property owner’s land. Since there are federal funds involved in the project, the city is obligated to comply with the policies and provisions of the Uniform Relocation Assistance Act process for land acquisition. The Uniform Act was enacted by Congress in 1970 (amended in 1987) to ensure property owners and tenants are treated fairly, equitably, and receive relocation assistance. Staff will provide an overview of the proposed land acquisition process associated with this project. Specific parcel and property owner information will not be discussed in this memo or in the presentation. If there is interest in receiving this information and discussing the city’s negotiation strategy, an executive session can be scheduled for a future date. DISCUSSION: Project Overview The purpose of this project is to provide a safer crossing of the existing RTD rail tracks and install a multi-modal trail to allow for non-vehicular access from the south side of the rail tracks to the station, which is on the north side of the rail tracks. This will reduce the multi-modal travel distance by approximately three quarters of a mile. The proposed improvements will add an ADA-accessible pedestrian bridge over the existing RTD rail lines with stairs and an elevator at each end. The lowest edge of the bridge will be approximately 30 feet above the rails, with an approximate 11-foot bridge and 5-foot roof Ward Station Area Multi-Modal Improvements Project - Land Acquisition Process March 25, 2024 Page 2 structure. A paved and landscaped plaza will be constructed at either end of the bridge around the stairs/elevator landings. A vehicular drop off/pick up area will be constructed at the south plaza adjacent to 49th Ave. The multi-use trail will extend from the south plaza to the south, between the existing industrial parcels, to the I-70 frontage road. An enhanced marked crosswalk will be installed across the north I-70 frontage road including a raised median refuge area and a pedestrian-actuated warning beacon system. The trail will include a rest area along the trail, natural looking retaining walls, pedestrian lighting, and two stair accesses to adjacent easterly industrial properties. Land Acquisition Process Initial, informal meetings were held with each of the property owners in 2019. Most expressed general support for the project except for one property owner. Therefore, staff and the land acquisition consultant will initially request donation of the needed land especially for those parcels adjacent to the trail who would no longer need to perform maintenance on the steep slope. This is allowed under the process if property owners are notified of their right to fair compensation for their property. A brochure from the Federal Highway Administration (FHWA) intended for use by property owners is contained in Attachment B and provides a good overview of the various steps in the process as well as property owners’ rights and obligations. In 2019, the City Council approved a resolution (see Attachment C) authorizing the acquisition of land and authorized the Mayor and City Clerk to accept the ROW on behalf of Council. In summary, the land acquisition process typically follows these steps, as discussed below. 1. Donation Request. As discussed above, while the city can request donation of the property, the property owner must also be advised of their right to receive compensation. 2. Notice of Intent (NOI) letter. An NOI letter is sent to each property owner stating the city’s need to acquire land. If the initial estimated value of an acquisition is $5,000 or more, state statute requires that the landowners be notified of their right to get an appraisal. The city must reimburse the property owner for the cost of their appraisal if it is received within 90 days and meets certain other requirements. 3. City Appraisals and Fair Market Value. The city will commission an appraisal for each parcel of land valued generally at more than $25,000, using a licensed appraiser. The appraisals are reviewed by a second certified appraiser, typically CDOT staff, to determine the fair market value (FMV). 4. Initial Offer and Negotiations. Once the FMV is determined, initial offer packets are prepared and submitted to each property owner. During the initial round of negotiations, real estate specialists contact and meet with the property owners as often as necessary to answer questions, provide additional information, and discuss any concerns. Substantial effort is made to get a consensual agreement during the initial negotiations. This helps to keep the project on schedule, potentially reduces consultant and land costs, and satisfies the state statute that requires that “good faith negotiations” be done before eminent domain can be used. Ward Station Area Multi-Modal Improvements Project - Land Acquisition Process March 25, 2024 Page 3 Staff are recommending that the city utilize a monetary incentive to entice property owners to accept the initial offer. This practice was followed for the Wadsworth Boulevard Widening project. An incentive is money that is added to the FMV that the landowner will receive if they accept the initial offer within 30 days. For lower cost acquisitions, the incentive is typically a set amount. For higher cost acquisitions, the incentive may be a percentage of the acquisition based on a sliding scale up to approximately 30% of FMV. This helps to keep the project on schedule and may reduce consultant costs by reducing the amount of time spent negotiating. This also tends to limit the number of potential eminent domain cases. 5. Counteroffers. If the property owner presents a counteroffer with valid arguments, with or without an appraisal, that the Just Compensation needs to be higher, then those arguments will be considered during the ongoing negotiations. 6. Final Offer and Negotiations. If the initial negotiations are not successful, a final offer is sent to the property owner. The final offer advises the landowner that the city will continue negotiations for a certain period and that if no agreement is reached, the city may use its power of eminent domain. 7. Last and Final Offer. If the final offer negotiations are not successful, typically a last and final offer is made to avoid filing an eminent domain petition. 8. Council Action. Depending on how the negotiations proceed, at some point, staff will ask the City Council to approve a resolution for the authority to file eminent domain on specific, affected properties. Eminent Domain While eminent domain may have a negative stigma, it is simply a judicial process in which a neutral third party determines a property owner’s Just Compensation when a public entity requires acquisition of land to benefit the public interest. Eminent domain is often used by public agencies as a “tool of last resort”; however, it is a tool that is occasionally needed to prevent unnecessary delays in the project schedule when previous efforts have not been successful. Eminent domain does not decide whether the land will be acquired. That decision is made by the public entity when the location and amount of land needed is determined. The only decision at hand during the eminent domain process is the Just Compensation. Situations that reach this stage often involve an uncooperative property owner or an unresponsive (large entity or absentee) property owner. Even when a petition is filed, a settlement is often reached by negotiations between the attorneys before the trial date. Per HDR, the city’s land acquisition consultant, most of the acquisitions are resolved voluntarily, and eminent domain only needs to be pursued about 20% of the time. Of the cases that are pursued, virtually all are settled before trial, with less than 1% being resolved in a valuation trial. In some cases, there are other interested parties that must also sign off on the agreement. Once an agreement is reached, the property owner must obtain approval from any other party that has an interest in the land such as a mortgage holder or a major tenant in a shopping center. If the property owner has not involved the other parties in the negotiations, these other interested parties may not Ward Station Area Multi-Modal Improvements Project - Land Acquisition Process March 25, 2024 Page 4 agree with the property owner’s negotiated agreement. In those cases, it may be necessary to utilize eminent domain. Eminent domain can be a costly process for the city to undertake and, potentially, for property owners. The city pays for the land acquisition consultant’s costs, City Attorney fees, court costs, and the Commission’s fee, etc. The property owner typically pays for their attorney fees up front. State statute requires that the city reimburse the property owner’s attorney fees if the award from the trial is 30% higher than the city’s last written offer. Options to Eminent Domain If the City Council does not wish to authorize eminent domain, the following options may be considered: 1. Overpay the uncooperative property owners. Obviously, this involves paying substantially more than the Just Compensation, which can be seen as a fairness issue by other, cooperative property owners as well as potential concerns from citizens that this was not a good use of taxpayer funds. 2. Redesign the project to avoid the parcels that cannot be acquired through negotiation. This could lead to several schedule and budget implications such as: a. Avoiding one property will likely cause additional impacts to other properties. This may require re-negotiation for land acquisitions that have already been completed and may, again, be perceived as a fairness issue by more cooperative property owners. This could delay the schedule. b. Redesign will delay the project by having to re-do work that has already been completed, especially since the re-design will likely affect a much larger area than the one property. This will likely delay the project by several months or more and will incur additional design costs. c. A re-evaluation of the environmental impacts would likely need to be done. This will delay the project by at least one year, but potentially longer. d. Any of the above schedule delays could jeopardize the project funding. 3. Abandon all or a portion of the project. This option does not implement the intended public purpose of the project. And, all project expenditures, including project funding and taxpayer funds, are irrecoverable costs. Project Schedule 90%-complete plans are currently being developed for the project. Various agency reviews and approvals, including CDOT, Denver Transit Operators, and the Public Utilities Commission, are required before finalizing the plans. The current project schedule anticipates completing the property acquisition process in fall 2024. The DRCOG funding requires the project to be advertised for bid prior to October 1, 2024. Assuming construction starts in early-2025, all work should be substantially completed by the end of 2025. Ward Station Area Multi-Modal Improvements Project - Land Acquisition Process March 25, 2024 Page 5 Project Funding and Preliminary Cost Estimate In 2022, the city received a portion of the anticipated construction costs for this project through the DRCOG TIP process. All other costs are the responsibility of the city. Overall costs have increased substantially. As an example, structure and site requirements have resulted in a pedestrian bridge design that has evolved to be wider, longer, and taller than initially anticipated. A summary of current costs is shown below: Item Current Estimated Cost Funding Responsibility Design & Environmental Clearance $1.263,000 City Land Acquisition Services (including legal fees) $314,000 City Land Acquisition (including early acquisition incentive) $2.168,000 City Xcel Relocation $310,000 City Construction $12,291,000 Federal & City Construction Inspection $1,475,000 City Other $250,000 City Public Art $170,000 City Total $18,241,000 A portion of the funding for the construction phase is being provided through federal funds, as shown below: Funding Source Amount % of Total Federal funds (CMAQ & ARPA) $8,300,000 46% City (URA Bond) $9,941,000 54% Total $18,241,000 Long-Term Maintenance of Improvements Ownership and maintenance of the pedestrian bridge was discussed with RTD but they were unwilling to accept the facility, therefore, these responsibilities and costs will fall to the city. The pedestrian bridge, which encompasses exterior stairs and two elevators exposed to the elements, will require constant maintenance and repairs. It will also likely require daily cleaning and maintenance due to both usage and vandalism. A security system will be installed for pedestrians to notify the Wheat Ridge Police Department. This will require the Police Department to monitor and respond to incidents. Annual costs are unknown at this time but will be included in the 2026 and subsequent annual operating budget. NEXT STEPS: Staff will provide an overview of the proposed land acquisition process associated with this project. A resolution to authorize the use of eminent domain, if needed, will be brought forward later this year. Ward Station Area Multi-Modal Improvements Project - Land Acquisition Process March 25, 2024 Page 6 ATTACHMENTS: Attachment A: Project Schematics Attachment B: FHWA Brochure: Acquisition, Acquiring Real Property for Federal and Federal-Aid Programs and Projects Attachment C: Resolution No. 48-2019, dated September 9, 2019 ATTACHMENT 1 ACQUISITION ACQUIRING REAL PROPERTY FOR FEDERAL AND FEDERAL-AID PROGRAMS AND PROJECTS June 2005 Revised November 2018 Publication FHWA-HEP-19-010 ATTACHMENT 2 TABLE OF CONTENTS Introduction 2 Important Terms Used in This Brochure 4 Property Appraisal 7 Just Compensation 10 Exceptions to The Appraisal Requirement 12 The Written Offer 13 Acquisitions Where Condemnation Will Not Be Used 16 Payment 17 Possession 18 Settlement 19 Condemnation 20 1 d Federal-Aid Programs and Projects Cover Photos (top to bottom) Large: Skyline–123RF/galiptynutz, Bicycle–123RF/joyfuldesigns Small inset: Construction worker–Volpe Center, City flyover–123RF/abbit5123, Road to mountains–Lstock, Highway overpass– 123RF/pengyou91, Planners–Volpe Center, Crosswalk–Volpe Center INTRODUCTION Government programs designed to benefit the public often result in acquisition of private property and, sometimes, in the displacement of people from their residences, businesses or farms. Acquisition of this kind has long been recognized as a right of government and is known as the power of eminent domain. The Fifth Amendment of the Constitution states that private property shall not be taken for public use without just compensation. To provide uniform and equitable treatment for persons whose property is acquired for public use, Congress passed the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, and amended it in 1987. This law, called the Uniform Act, is the foundation for the information discussed in this brochure. Revised rules for the Uniform Act were published in the Federal Register on January 4, 2005. The rules are reprinted each year in the Code of Federal Regulations (CFR), Title 49, Part 24. All Federal, State and local government agencies, as well as others receiving Federal financial assistance for public programs and projects, that require the acquisition of real property, must comply with the policies and provisions set forth in the Uniform Act and the regulation. 2 Acquiring Real Property for Federal and Federal-Aid Programs and Projects The acquisition itself does not need to be federally-funded for the rules to apply. If Federal funds are used in any phase of the program or project, the rules of the Uniform Act apply. The rules encourage acquiring agencies to negotiate with property owners in a prompt and amicable manner so that litigation can be avoided. This brochure explains your rights as an owner of real property to be acquired for a federally-funded program or project. The requirements for relocation assistance are explained in a brochure entitled Relocation, Your Rights and Benefits as a Displaced Person under the Federal Relocation Assistance Program. Acquisition and relocation information can be found on the Federal Highway Administration Office of Real Estate Services website: https://www.fhwa.dot.gov/real_estate/index.cfm The agency responsible for the federally-funded program or project in your area will have specific information regarding your acquisition. Please contact the sponsoring agency to receive answers to your specific questions. 3 Photos (left to right): Bridges–123RF/ginasanders, Planner–Volpe Center, Four overpasses–123RF/josiephos, Crosswalk–123RF/pinkbadger Acquiring Real Property for Federal and Federal-Aid Programs and Projects IMPORTANT TERMS USED IN THIS BROCHURE Acquisition Acquisition is the process of acquiring real property (real estate) or some interest therein. Agency An agency can be a government organization (Federal, State, or local), a non-government organization (such as a utility company), or a private person using Federal financial assistance for a program or project that acquires real property or displaces a person. Appraisal An appraisal is a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. Condemnation Condemnation is the legal process of acquiring private property for public use or purpose through the agency’s power of eminent domain. Condemnation is usually not used until all attempts to reach a mutually satisfactory agreement through negotiations have failed. An agency then goes to court to acquire the needed property. Easement In general, an easement is the right of one person to use all or part of the property of another person for some specific purpose. Easements can be permanent or temporary (i.e., 4 Acquiring Real Property for Federal and Federal-Aid Programs and Projects limited to a stated period). The term may be used to describe either the right itself or the document conferring the right. Examples are: permanent easement for utilities, permanent easement for perpetual maintenance of drainage structures, and temporary easement to allow reconstruction of a driveway during construction. Eminent Domain Eminent domain is the right of government to take private property for public use. In the U.S., just compensation must be paid for private property acquired for federally-funded programs or projects. Fair Market Value Fair market value is market value that has been adjusted to reflect constitutional and other legal requirements for public acquisition. Interest An interest is a right, title, or legal share in something. People who share in the ownership of real property have an interest in the property. Just Compensation Just compensation is the price an agency must pay to acquire real property. An agency official must make the estimate of just compensation to be offered to you for the property needed. That amount may not be less than the amount established in the approved appraisal report as the fair market value for your property. If you and the agency cannot agree on the amount of just compensation to be paid for the property needed, and it becomes necessary for the agency to use the condemnation process, the amount determined by the court will be the just compensation for your property. 5 Acquiring Real Property for Federal and Federal-Aid Programs and Projects Lien A lien is a charge against a property in which the property is the security for payment of a debt. A mortgage is a lien. So are taxes. Customarily, liens must be paid in full when the property is sold. Market Value Market value is the sale price that a willing and informed seller and a willing and informed buyer agree to for a property. Negotiation Negotiation is the process used by an agency to reach an amicable agreement with a property owner for the acquisition of needed property. An offer is made for the purchase of property in person, or by mail, and the offer is discussed with the owner. Person A person is an individual, partnership, corporation, or association. Personal Property In general, personal property is property that can be moved. It is not permanently attached to, or a part of, the real property. Personal property is not to be included and valued in the appraisal of real property. Program or Project A program or project is any activity or series of activities undertaken by an agency where Federal financial assistance is used in any phase of the activity. In general, personal property is property that can be moved. It is not permanently attached to, or a part of, the real property. Personal property is not to be included and valued in the appraisal of real property. 6 Acquiring Real Property for Federal and Federal-Aid Programs and Projects Real Property or Real Property Interest Any interest in land and any improvements thereto, including fee and less-than-fee interests such as, temporary and permanent easements, air or access rights, access control, options, and other contractual rights. Waiver Valuation The term waiver valuation means an administrative process for estimating fair market value for relatively low-value, non- complex acquisitions. A waiver valuation is prepared in lieu of an appraisal. PROPERTY APPRAISAL An agency determines what specific property needs to be acquired for a public program or project after the project has been planned and government requirements have been met. If your property, or a portion of it, needs to be acquired, you, the property owner, will be notified as soon as possible of (1) the agency’s interest in acquiring your property, (2) the agency’s obligation to secure any necessary appraisals, and (3) any other useful information. When an agency begins the acquisition process, the first personal contact with you, the property owner, should be no later than during the appraisal of the property. 7 Acquiring Real Property for Federal and Federal-Aid Programs and Projects Photo: 123RF/michaelstock An appraiser will contact you to make an appointment to inspect your property. The appraiser is responsible for determining the initial fair market value of the property. The agency will have a review appraiser study and recommend approval of the appraisal report used to establish the just compensation to be offered to you for the property needed. You, or a representative that you designate, will be invited to accompany the appraiser when the appraiser inspects your property. You can point out any unusual or hidden features of the property that the appraiser could overlook. At this time, you should advise the appraiser if any of these conditions exist: • There are other persons who have ownership or interest in the property. • There are tenants on the property. • Items of real or personal property that belong to someone else are located on your property. • The presence of hazardous material, underground storage or utilities. 8 Acquiring Real Property for Federal and Federal-Aid Programs and Projects Photo: 123RF/pinkbadger This is your opportunity to tell the appraiser about anything relevant to your property, including other properties in your area that have recently sold. The appraiser will inspect your property and note its physical characteristics. He or she will review sales of properties like yours to compare the facts of those sales with the facts about your property. The appraiser will analyze all elements that affect value. The appraiser must consider normal depreciation and physical deterioration that has taken place. By law, the appraiser must disregard the influence of the future public project on the value of the property. This requirement may be partially responsible for any difference in the fair market value and market value of your property. The appraisal report will describe your property and the agency will determine a value based on the condition of the property on the day that the appraiser last inspected it, as compared with other similar properties that have sold. 9 Acquiring Real Property for Federal and Federal-Aid Programs and Projects Photo: istock/Paul Wilkinson JUST COMPENSATION Once the appraisal of fair market value is complete, a review appraiser from the agency will review the report to ensure that all applicable appraisal standards and requirements are met. When they are, the review appraiser will give the agency the approved appraisal to use in determining the amount of just compensation to be offered for your real property. This amount will never be less than the fair market value established by the approved appraisal. If the agency is only acquiring a part of your property, there may be damages or benefits to your remaining property. Any allowable damages or benefits will be reflected in the just compensation amount. The agency will prepare a written offer of just compensation for you when negotiations begin. Buildings, Structures and Improvements Sometimes buildings, structures, or other improvements are located on the property to be acquired. If they are real property, the agency must offer to acquire at least an equal interest in them if they must be removed or if the agency determines that the improvements will be adversely affected by the public program or project. An improvement will be valued as real property regardless of who owns it. 10 Acquiring Real Property for Federal and Federal-Aid Programs and Projects Photo: Volpe Center Tenant-Owned Buildings, Structures and Improvements Sometimes tenants lease real property and build or add improvements for their use. Frequently, they have the right or obligation to remove the improvements at the expiration of the lease term. If, under State law, the improvements are considered to be real property, the agency must make an offer to the tenants to acquire these improvements as real property. To be paid for these improvements, the tenant-owner must assign, transfer, and release to the agency all right, title, and interest in the improvements. Also, the owner of the real property on which the improvements are located must disclaim all interest in the improvements. For an improvement, just compensation is the amount that the improvement contributes to the fair market value of the whole property, or its value for removal from the property (salvage value), whichever amount is greater. A tenant-owner can reject payment for the tenant-owned improvements and obtain payment for his or her property interests in accordance with other applicable laws. The agency cannot pay for tenant-owned improvements if such payment would result in the duplication of any other compensation otherwise authorized by law. If improvements are considered personal property under State law, the tenant-owner may be reimbursed for moving them under the relocation assistance provision. 11 Acquiring Real Property for Federal and Federal-Aid Programs and Projects The agency will personally contact the tenant-owners of improvements to explain the procedures to be followed. Any payments must be in accordance with Federal rules and applicable State laws. EXCEPTIONS TO THE APPRAISAL REQUIREMENT The Uniform Act requires that all real property to be acquired must be appraised, but it also authorizes waiving that requirement for low value acquisitions. Regulations provide that the appraisal may be waived: • If you elect to donate the property and release the agency from the obligation of performing an appraisal; or • If the agency believes the acquisition of your property is uncomplicated and a review of available data supports a fair market value likely to be $10,000 or less, the agency may prepare a waiver valuation, rather than an appraisal, to estimate your fair market value. If the agency believes the acquisition of your property is uncomplicated and a review of available data supports a fair market value likely to be over $10,000 but less than $25,000, the agency may prepare a waiver valuation rather than an appraisal to estimate your fair market value. However, if you elect to have the agency appraise your property, it will obtain an appraisal. 12 Acquiring Real Property for Federal and Federal-Aid Programs and Projects THE WRITTEN OFFER After the agency approves the just compensation offer, it will begin negotiations with you or your designated representative by delivering the written offer of just compensation for the purchase of the real property. If practical, this offer will be delivered in person by a representative of the agency. Otherwise, the offer will be made by mail and followed up with a contact in person or by telephone. All owners of the property with known addresses will be contacted unless they collectively have designated one person to represent their interests. An agency representative will explain agency acquisition policies and procedures in writing, either by use of an informational brochure, or in person. The agency’s written offer will consist of a written summary statement that includes all the following information: • The amount offered as just compensation. • The description and location of the property and the interest to be acquired. • The identification of the buildings and other improvements that are part of the real property. 13 Acquiring Real Property for Federal and Federal-Aid Programs and Projects Photo: Volpe Center The offer may list items of real property that you may retain and remove from the property and their retention values. If you decide to retain any or all of these items, the offer will be reduced by the value of the items retained. You will be responsible for removing the items from the property in a timely manner. The agency may elect to withhold a portion of the remaining offer until the retained items are removed from the property. Any separately held ownership interests in the property, such as tenant-owned improvements, will be identified by the agency. The agency may negotiate with each person who holds a separate ownership interest, or may negotiate with the primary owner and prepare a check payable jointly to all owners. The agency will give you a reasonable amount of time to consider the written offer and ask questions or seek clarification of anything that is not understood. If you believe that all relevant material was not considered during the appraisal, you may present such information at this time. Modifications in the proposed terms and conditions of the purchase may be requested. The agency will consider any reasonable requests that are made during negotiations. 14 Acquiring Real Property for Federal and Federal-Aid Programs and Projects Partial Acquisition Often an agency does not need all the property you own. The agency will usually purchase only what it needs. If the agency intends to acquire only a portion of the property, the agency must state the amount to be paid for the part to be acquired. In addition, an amount will be stated separately for damages, if any, to the portion of the property you will keep. If the agency determines that the remainder property will have little or no value or use to you, the agency will consider this remainder to be an uneconomic remnant and will offer to purchase it. You have the option of accepting the offer for purchase of the uneconomic remnant or keeping the property. Agreement Between You and the Agency When you reach agreement with the agency on the offer, you will be asked to sign an option to buy, a purchase agreement, an easement, or some form of deed prepared by the agency. Your signature will affirm that you and the agency agree concerning the acquisition of the property, including terms and conditions. 15 Acquiring Real Property for Federal and Federal-Aid Programs and Projects Photo: Volpe Center If you do not reach an agreement with the agency because of some important point connected with the acquisition offer, the agency may suggest mediation as a means of coming to agreement. If the agency thinks that a settlement cannot be reached, it will initiate condemnation proceedings. The agency may not take any action to force you into accepting its offer. Prohibited actions include: • Advancing the condemnation process. • Deferring negotiations. • Deferring condemnation. • Delaying the deposit of funds with the court for your use when condemnation is initiated. • Any other coercive action designed to force an agreement regarding the price to be paid for your property. ACQUISITIONS WHERE CONDEMNATION WILL NOT BE USED An agency may not possess the power of eminent domain. Or an agency has the power of eminent domain but elects not to use it for a program or project. If this is the case, you will be informed in writing, before negotiations begin, that the agency will not condemn your property if you and the agency fail to reach agreement. Before making you an offer, the agency will inform you, in writing, of what it believes to be 16 Acquiring Real Property for Federal and Federal-Aid Programs and Projects the fair market value for the property it would like to acquire. An owner, in this situation, is not eligible for relocation assistance benefits. Tenants on the property may be eligible for relocation benefits. PAYMENT The next step in the acquisition process is payment for your property. As soon as all the necessary paperwork is completed for transferring title of the property, the agency will pay any liens that exist against the property and pay your equity to you. Your incidental expenses will also be paid or reimbursed. Incidental expenses are reasonable expenses incurred because of transferring title to the agency, such as: • Recording fees and transfer taxes. • Documentary stamps. • Evidence of title, however, the agency is not required to pay costs required solely to perfect your title or to assure that the title to the real property is entirely without defect. • Surveys and legal descriptions of the real property. • Other similar expenses necessary to convey the property to the agency. 17 Acquiring Real Property for Federal and Federal-Aid Programs and Projects Penalty costs and other charges for prepaying any preexisting recorded mortgage entered in good faith encumbering the real property will be reimbursed. The pro rata share of any prepaid real property taxes that can be allocated to the period after the agency obtains title to the property or takes possession of it, will be reimbursed. If possible, the agency will pay these costs directly so that you will not need to pay the costs and then claim reimbursement. POSSESSION The agency may not take possession of your property unless: • You have been paid the agreed purchase price, or • In the case of condemnation, the agency has deposited with the court an amount for your benefit and use that is at least the amount of the agency’s approved appraisal of the fair market value of your property, or • The agency has paid the amount of the court award of compensation in the condemnation proceeding. 18 Acquiring Real Property for Federal and Federal-Aid Programs and Projects Photo: Volpe Center If the agency takes possession while persons still occupy the property: • All persons occupying the property must receive a written notice to move at least 90 days in advance of the required date to move. In this context, the term person includes residential occupants, homeowners, tenants, businesses, non-profit organizations, and farms. • An occupant of a residence cannot be required to move until at least 90 days after a comparable replacement dwelling has been made available for occupancy. Only in unusual circumstances, such as when continued occupancy would constitute a substantial danger to the health or safety of the occupants, can vacation of the property be required in less than 90 days. SETTLEMENT The agency will make every effort to reach an agreement with you during negotiations. You may provide additional information, and make reasonable counter offers and proposals for the agency to consider. When it is in the public interest, most agencies use the information provided as a basis for administrative or legal settlements, as appropriate. 19 Acquiring Real Property for Federal and Federal-Aid Programs and Projects CONDEMNATION If an agreement cannot be reached, the agency can acquire the property by exercising its power of eminent domain. It will do this by instituting formal condemnation proceedings with the appropriate State or Federal court. If the property is being acquired directly by a Federal agency, the condemnation action will take place in a Federal court and Federal procedures will be followed. If the property is being acquired by anyone else that has condemnation authority, the condemnation action will take place in State court and the procedures will follow State law. In many States, a board of viewers or commissioners, or a similar body, will initially determine the amount of compensation you are due for the property. You and the agency will be allowed to present information to the court during these proceedings. If you or the agency are dissatisfied with the board’s determination of compensation, a trial by a judge or a jury may be scheduled. The court will set the final amount of just compensation after it has heard all arguments. 20 Acquiring Real Property for Federal and Federal-Aid Programs and Projects Litigation Expenses Normally, the agency does not reimburse you for costs you incur because of condemnation proceedings. The agency will reimburse you, however, under any of the following conditions: • The court determines that the agency cannot acquire your property by condemnation. • The condemnation proceedings are abandoned by the agency without an agreed-upon settlement. • You initiate an inverse condemnation action and the court agrees with you that the agency has taken your real property rights without the payment of just compensation, or the agency elects to settle the case without further legal action. • The agency is subject to State laws that require reimbursement for these or other condemnation costs. The information is provided to assist you in understanding the requirements that must be met by agencies, and your rights and obligations. If you have any questions, contact your agency representative. Additional information on Federal acquisition requirements, the law and the regulation can be found at https://www.fhwa.dot.gov/real_estate/index.cfm 21 Acquiring Real Property for Federal and Federal-Aid Programs and Projects ST ST SA END 12:1 TAPER PROPOSED CURB & GUTTER FLOWLINE EXISTING EOP IIB CURB & GUTTER EXISTING TYPE 2 SECTION EXISTING WATER VALVE (TO REMAIN) EXISTING R1-1 SIGN PANEL EXISTING EOP GUTTER TYPE 2 SECTION IB PROPOSED 74 LF CURB & GUTTER; MATCH EXISTING SECTION IIB CURB & END 136 LF TYPE 2 207 LF 4" DOUBLE YELLOW CENTER LINE OTHERS) (TO BE RELOCATED BY PANEL GUY WIRES, & R2-1 SIGN EXISTING UTILITY POLE, MEDIAN COVER MATERIAL PROPOSED 21 SY CONCRETE REMOVE EXISTING 106 LF 8" WHITE CHANNELIZATION LINE REMOVE EXISTING 188 LF DOUBLE YELLOW CENTER LINE 20 LF 4" DOUBLE YELLOW CENTER LINE GUTTER SECTION IIB CURB & BEGIN 136 LF TYPE 2 END 108 LF TYPE 2 GUTTER 33 ' R PT PCC 11 ' 2 4 ' CURB & GUTTER LF TYPE 2 SECTION IIB BEGIN 12:1 TAPER & 63 BEGIN 108 LF TYPE 2 GUTTER CURB & GUTTER END 63 LF TYPE 2 SECTION IIB 58'R BY OTHERS) CONSTRUCTION (PROPOSED SIDEWALK & CURB RAMP ROW APPROXIMATE EXISTING APPROXIMATE EXISTING ROW OTHERS) (TO BE RELOCATED BY EXISTING PRIVATE SIGN PERMANENT ROW AQUISITION PROPOSED 386 SF APPROXIMATE ACCESS EASEMENT PROPOSED 536 SF APPROXIMATE CHANNELIZATION LINE 150 LF 8" WHITE OTHERS) (TO BE RESET BY EXISTING UTILITY POLE Detailer: Designer:M. KRELL Init.CommentsDate: Sheet Revisions 8/14/2019Print Date: Horiz. Scale:1:40 Vert. Scale: As Noted Unit Leader Initials File Name: Unit Information a liso n .la ve ry 11 :0 1 :39 AM M:\ DCS \ P r o jec ts \ TRN\ 60 5 6 2 7 3 2 _ Whea t Rid g e\ 90 0 _ CAD _ GIS \ 9 1 0 _ C AD \ 10 _ R EFERENCE \ War d - Rid g e\ R o adway \ War d Rd_ W 5 0 t h Ave _ Exh ib it .dg n Ward Rd_W 50th Ave_Exhibit.dgn A. LAVERY Project No./Code Sheet # WARD RD & RIDGE RD 40'0'20'80' PLAN VIEW NOTES: BY OTHERS. PEDESTRIAN RAMP, AND SIDEWALK TO BE CONSTRUCTED 1. NORTHEAST PAVEMENT WIDENING, CURB AND GUTTER, WARD RD (SH-72) R I D G E R D ATTACHMENT 3 EXHIBIT B ST ST SA END 12:1 TAPER PROPOSED CURB & GUTTER FLOWLINE EXISTING EOP IIB CURB & GUTTER EXISTING TYPE 2 SECTION EXISTING WATER VALVE (TO REMAIN) EXISTING R1-1 SIGN PANEL EXISTING EOP GUTTER TYPE 2 SECTION IB PROPOSED 74 LF CURB & GUTTER; MATCH EXISTING SECTION IIB CURB & END 136 LF TYPE 2 207 LF 4" DOUBLE YELLOW CENTER LINE OTHERS) (TO BE RELOCATED BY PANEL GUY WIRES, & R2-1 SIGN EXISTING UTILITY POLE, MEDIAN COVER MATERIAL PROPOSED 21 SY CONCRETE REMOVE EXISTING 106 LF 8" WHITE CHANNELIZATION LINE REMOVE EXISTING 188 LF DOUBLE YELLOW CENTER LINE 20 LF 4" DOUBLE YELLOW CENTER LINE GUTTER SECTION IIB CURB & BEGIN 136 LF TYPE 2 END 108 LF TYPE 2 GUTTER 33 ' R PT PCC 11 ' 2 4 ' CURB & GUTTER LF TYPE 2 SECTION IIB BEGIN 12:1 TAPER & 63 BEGIN 108 LF TYPE 2 GUTTER CURB & GUTTER END 63 LF TYPE 2 SECTION IIB 58'R BY OTHERS) CONSTRUCTION (PROPOSED SIDEWALK & CURB RAMP ROW APPROXIMATE EXISTING APPROXIMATE EXISTING ROW OTHERS) (TO BE RELOCATED BY EXISTING PRIVATE SIGN PERMANENT ROW AQUISITION PROPOSED 386 SF APPROXIMATE ACCESS EASEMENT PROPOSED 536 SF APPROXIMATE CHANNELIZATION LINE 150 LF 8" WHITE OTHERS) (TO BE RESET BY EXISTING UTILITY POLE Detailer: Designer:M. KRELL Init.CommentsDate: Sheet Revisions 8/14/2019Print Date: Horiz. Scale:1:40 Vert. Scale: As Noted Unit Leader Initials File Name: Unit Information a liso n .la ve ry 11 :0 1 :53 AM M:\ DC S\ Proje c ts\ T RN\ 6 0 5 6 2 7 3 2 _ Whe a tRidg e \ 9 0 0 _ C AD _ GI S\ 91 0 _ C AD \ 10 _ REF ERENC E\ Ward- Ridg e \ Roa d w a y\ Wa rd Rd_ W 5 0 th Av e _ Exh ibit .d g n Ward Rd_W 50th Ave_Exhibit.dgn A. LAVERY Project No./Code Sheet # WARD RD & RIDGE RD 40'0'20'80' PLAN VIEW NOTES: BY OTHERS. PEDESTRIAN RAMP, AND SIDEWALK TO BE CONSTRUCTED 1. NORTHEAST PAVEMENT WIDENING, CURB AND GUTTER, WARD RD (SH-72) R I D G E R D W T S E ST ST G S CB CB T STM STM IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR IRR STM x x x x x x x x x x x x x x x x x x xxxxxx IRR STM STM STM STM 2505504.8482 C/4 S17 NO 6 REBAR Short Elliott Hendrickson Inc.Colorado Center Tower One Suite 60002000 South Colorado BoulevardDenver, CO 80222-7900 Tele. (720) 540-6800 (800) 490-4966Fax (720) 540-6801 7500 WEST 29TH AVENUE FAX: (303) 235-2857WHEAT RIDGE, COLORADO 80033 TELEPHONE: (303) 235-2861 DEPARTMENT OF PUBLIC WORKS ATTACHMENT 2 EXHIBIT A Pedestrian Bridge/Plaza ATTACHMENT 4 EXHIBIT C Pedestrian Bridge/Plaza Linear Park Linear Park Linear Park South Entrance Item No. 2 Memorandum TO: Mayor and City Council FROM: Lauren Mikulak, Community Development Director Renee Meriaux, Chief Building Official THROUGH: Patrick Goff, City Manager DATE: March 15, 2024 (for March 25 special study session) SUBJECT: 2024 Building Code Update ISSUE: The City currently enforces the 2018 International Building Codes which were adopted in Wheat Ridge in 2020. The City typically updates the building codes every 4-6 years. With the recently released 2024 International Codes, staff is preparing to start the code update process. The purpose of this memo and the March 25 study session is to provide background information on the code update process and to seek Council direction to proceed with the adoption of the 2024 International Building Codes. BACKGROUND: Current Codes The International Building Codes (also called IBC or I-Codes) are published every three years. Historically, the City has adopted ever other version of I-Codes. The last building code update was in 2020 when the City adopted the 2018 version of the IBC. That code update became effective in Wheat Ridge on July 1, 2020, and included the entire I-Code series: • International Building Code • International Mechanical Code • International Plumbing Code • International Property Maintenance Code • International Energy Conservation Code • International Residential Code • International Fire Code • International Existing Building Code • International Swimming Pool & Spa Code • International Fuel Gas Code Electric codes are not part of the I-codes because each country establishes its own national code. The State of Colorado manages the licensure of electricians and the adoption of the National Electric Code (NEC). When the State updates the NEC, the City does so automatically. Since August 2023, the State and City have been enforcing the 2023 National Electric Code. Study Session Memo – 2024 Building Code Update March 25, 2024 Page 2 2024 I-Codes Late last year, on December 5, 2023, the International Code Council (ICC) released the 2024 International Building Codes. The ICC was established in 1994 with the goal of developing a single set of model construction codes. The I-Codes are updated every three years through a consensus process. The goals of the I-Code updates are: • to protect public health and safety, • to provide flexibility for users (code officials, designs, engineers, and architects), • to correct issues that are found to be problematic or dangerous, and • to encourage use of new construction materials and technologies. Because the City typically adopts every other version of I-Codes, the updated code will incorporate the changes from the 2021 and 2024 IBC versions. Enclosed as Attachment 1 is a summary of notable changes from the 2018 I-Codes to more recent versions. Local Amendments The process of adopting the I-Codes can be relatively straightforward when simply adopting the entire package of I-Codes as written. The process becomes more time-intensive when a municipality adopts “local amendments” to the I-Codes. Like many peer communities, Wheat Ridge typically adopts at least some local amendments. Those are captured in Chapter 5 of the Municipal Code and relate to administration (such as permit expiration) and technical provisions of the I-Codes. In the past, the City’s local amendments have dealt with a wide range of topics, such as: • Setting fixed fees for particular permit types and establishing how project valuations are calculated, • Exempting from building permits certain types of improvements like fences up to 6 feet in height and hoop houses up to 400 square feet in size, • Easing requirements related to ventilation of certain commercial occupancies, • Removing the requirement for automatic residential fire sprinkler systems for one-and two-family dwellings, • Removing most requirements for solar readiness for townhomes, and • Revising certain language in the fire code based upon the fire districts’ recommendations. The City’s local amendments usually align with community goals. Local amendments are often informed by commentary from stakeholders, such as fire districts, builders, and the Metro Home Builders Association. Staff weighs public safety, public input, policy priorities, and best practice when making recommendations on local amendments. In the upcoming adoption cycle, it is likely that some of the prior local amendments will be retained. Staff expects future discussions will relate to sprinkler requirements for single- and two-unit homes and retroactive smoke alarm requirements for multi-unit and apartment buildings. Study Session Memo – 2024 Building Code Update March 25, 2024 Page 3 Peer Communities Unlike some states, Colorado does not adopt a statewide building code. Instead, each municipality adopts the building code locally on their own schedule and with their own local amendments. This means that architects, engineers, and contractors in the metro area are routinely navigating multiple code versions across different jurisdictions. Currently, peer communities are enforcing both the 2018 and 2021 IBC: Currently under the 2021 I-Codes: • Denver • Edgewater • Englewood • Golden • Lafayette • Lakewood • Littleton • Westminster Currently under the 2018 I-Codes: • Arvada • Jefferson County • Louisville • Wheat Ridge The frequency of code updates is often based on staff resources, Council direction, and the preference of the Chief Building Official. About two-thirds of communities surveyed update their codes every 3 years, and about a third are more similar to Wheat Ridge adopting every other cycle. Local amendments are not required to be coordinated with peer communities, but with similar climates, soils, and shared fire districts, there are often similarities between municipalities. For example, most peer communities have also amended out the low-density residential sprinkler requirements. Neighboring Arvada is also under the 2018 IBC, also served by Arvada Fire, and about to initiate a code update process which enables potential coordination of local amendments. Denver, Littleton, and Louisville have each started to review the 2024 codes; Golden and Lafayette will begin next year. State Law Building code updates are also informed periodically by changes in state law. Most states require a minimum edition of the energy codes. In 2022, the Colorado legislature passed HB22-1362 which updated the minimum building energy codes. The law directed the Colorado Energy Office (CEO) and the Department of Local Affairs (DOLA) to jointly appoint and convene Colorado’s Energy Code Board to review, approve, and recommend energy codes for new buildings and retrofits to existing buildings. The Energy Code Board created the State’s Model Electric Ready and Solar Ready Code. The City is required by HB22-1362 to adopt these codes when the I-Codes are updated. These codes prepare new homes and buildings for electric vehicles, rooftop solar, and high efficiency electric appliances. Study Session Memo – 2024 Building Code Update March 25, 2024 Page 4 HB22-1362 also requires that the City update the International Energy Conservation Code (IECC) to the 2021 or 2024 versions during this code update cycle. The IECC addresses energy efficiency and insulation requirements. The City currently enforces the 2018 IECC. Attachment 1 includes a summary of changes from the 2018 IECC to more recent versions. The Energy Code Board also created a Model Low Energy and Carbon Code which the City will be required to be adopted in the future, but not in this code update cycle. This model code will be incorporated into any code adoption cycle after July 1, 2026. There are a couple of bills in the current legislative session that may inform the City’s code adoption process. As of the writing of this memo, SB24-092 requiring cost-effective analysis of energy codes was postponed indefinitely. HB24-1239 requires a local government to modify a building code to allow five stories of a multifamily residential building to be served by a single exit. Currently, structures with more than two floors require two stairways; supporters of HB24-1239 have stated that the bill allows for small footprint buildings on smaller infill lots. Staff will continue to track any bill that could impact local I-Code adoption. Community Development staff are also coordinating with the City’s update of the Sustainability Action Plan to align building codes accordingly. Proposed Process Historically, the process for updating codes includes engagement with and feedback from several stakeholder groups. The proposed process for the 2024 code update is summarized below: • Staff will meet at least twice with the City’s Building Code Advisory Board to seek input and recommendations and to present the draft ordinance and proposed local amendments. • Staff meets with Fire Districts monthly, and upcoming meetings will include discussion of code adoption. • Staff will conduct one round of public engagement, with specific outreach to local contractors, architects and developers to solicit feedback. • If needed, staff will convene specific stakeholders to discuss local amendments. For example, in 2019, local townhome developers provided input on amendments specific to that building type. • The Denver Metro Home Builders Association typically publishes and distributes their opinion on the updated I-Codes. The timing of next steps and code adoption will depend on staff resources which are also being dedicated to the implementation of new permitting software. A follow-up study session with Council will likely be scheduled for this summer. Financial Impact Services of the City Attorney will be required to draft and review the ordinance and local amendments. The adopted 2024 budget included the costs associated with the purchase of the new building codes books. Study Session Memo – 2024 Building Code Update March 25, 2024 Page 5 RECOMMENDATION AND NEXT STEP: The purpose of the March 25 study session is to seek City Council direction to commence the code update process. A more substantive discussion of potential local amendments will be scheduled for later this year. Staff recommends moving forward with the process of adopting the 2024 versions of the International Building Codes. ATTACHMENT: 1. Summary of I-Code Changes Attachment 1: Summary of I-Code Changes Because the City typically adopts every other version of I-Codes, an updated building code will incorporate two cycles of changes: from 2018 to 2021 and from 2021 to 2024. The list below summarizes some of the interesting and notable changes from the 2018 I-Codes to more recent versions. International Residential Code (IRC): Notable IRC changes from 2018 to 2021: a. Recognizes and regulates shipping containers as a building material b. Requires local exhaust for kitchens that do not have openable outside windows c. Requires blocking for future grab bars around at least one ground floor toilet d. Modifies and expands the section on habitable attics e. Addresses new technologies for relining sewer pipes as a means of repair Notable IRC changes from 2021 to 2024: f. Changes snow load from 30 pounds per square foot (psf) to 40 psf g. Adds sections to address electric vehicle (EV) charging stations and photovoltaic battery storage system locations and protections International Building Code (IBC): Notable IBC changes from 2018 to 2021: a. Creates requirements for egress from occupied roofs (such as rooftop gardens or patios) b. Adds accessibility requirements related to vehicle charging stations, bottle filling stations, and customer service windows Notable IBC changes from 2021 to 2024: c. Defines and adds requirements specific to puzzle or escape rooms d. Adds regulations regarding storage and manufacturing of lithium-ion batteries e. Updates the Standard for Accessible and Useable Buildings and Facilities f. Requires guard rails along retaining walls in certain circumstances g. New requirements for elevated photo voltaic support structures (such as carports with solar roofs) International Fire Code (IFC): Notable IFC changes from 2018 to 2021: a. Changes fire sprinkler requirements related to the manufacturing and bulk storage of distilled spirits b. Adds new language pertaining to the maximum force required to unlatch and open interior egress doors of various types c. Adds a section regulating the use, operation, and maintenance of portable generators d. Adds a retroactive fire sprinkler requirement for certain un-sprinklered high-rise buildings ATTACHMENT 1 Notable IFC changes from 2021 to 2024: e. Requires carbon monoxide alarms or detection systems for all types of occupancies. Previously the focus was only on residential and educational uses. f. Adds considerations for energy storage systems (ESS, such as solar battery storage) to evolve with current technologies. International Energy Conservation Code (IECC): Notable IECC changes from 2018 to 2021: a. Requires interior lighting controls including occupant sensors or dimmers in certain areas b. Requires a daylight sensor and a manual on/off switch for exterior lighting c. Expands the menu to achieve compliance with energy efficiency requirements with new “credit” options d. Increased insulation requirements Notable IECC changes from 2021 to 2024: e. Homes must be approximately 20% tighter when tested using a pressurization test. f. Updated requirements for sealing around windows, doors, fireplaces, and common walls g. Single-family homes with parking must have a 40 Amp 240 V receptacle nearby h. All single-family homes must have roofs designed to be “solar ready,” including roof space allocation, a conduit from the attic to the electric panel, and sufficient panel space. i. Gas water heaters, dryers, and stoves must have electric wiring back to the electric panel suitable for potential electric replacements. International Plumbing and Mechanical Codes (IPC and IMC): Notable IPC and IMC changes from 2018 to 2021: a. Requires individual tenant water shut off valve b. Specifies clearance between dryer exhaust termination and building openings, such as windows and vented soffits Notable IPC and IMC changes from 2021 to 2024: c. Adds new sections and regulations to address gender neutral/single user restrooms d. Changes minimum fixture requirements based on how many gender neutral/single user restrooms are installed e. Adds new signage requirements for gender neutral/single user restrooms f. Reduces the maximum flow rate of shower heads from 2.5 gallons per minute (GPM) to 2.0 GPM g. Adds new refrigerant types h. Requires leak detection alarms for certain equipment International Existing Building Code (IEBC): Notable IEBC changes from 2018 to 2021: a. For replacement windows, opening control devices are required b. For replacement windows, where the opening in the wall c. does not meet code as an emergency escape and rescue opening, keep the same opening and install the largest possible window d. Smoke alarms required retroactively for anything other than Level 1 work e. Carbon monoxide detectors required, with a few exceptions (Level 1 work, plumbing/mechanical work not involving gas appliances, exterior surface) Notable IEBC changes from 2021 to 2024: f. Incorporates requirements for occupiable roofs (such as rooftop gardens or patios) g. Adds a section under the change of occupancy requirements that allows the removal of a nonrequired existing automatic sprinkler system if certain criteria are met Formatting Changes: The format of the I-Code books changed substantially in 2024. This includes a shift from the iconic double column format to a single column. Prior I-Code versions included margin notes to indicate code changes. The 2024 editions replaced margin notes with QR codes. The QR code directs users to a more specific description of the changes. These changes better align the print, pdf, and online code versions.