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Property Maintenance Code

Boulder Revised Code tit. 10, ch. 2
in effect

Boulder Revised Code 1981 § 10-2-1 Legislative Intent.

10-2-1. - Legislative Intent. (a) The city council finds: (1) Energy efficiency requirements for housing are necessary because: (A) Reducing greenhouse gas emissions in existing buildings is imperative to meet the City of Boulder's sustainability goals; (B) Rental housing represents the largest number of existing housing units in the city; and (C) Efforts to establish incentives for voluntary energy efficiency retrofits in rental housing have proven to be ineffective. (b) Reducing greenhouse gas emissions has been established as an important public policy objective and mandated by the city due to: (1) The well-documented link between reduction of such emissions and current and projected climate change; and (2) The profound public health and safety impacts of such emissions, including but not limited to: (A) Increased risk of extreme weather events, (B) Increased flood severity, (C) Increased risk and intensity of catastrophic wildfire, (D) Increased insect invasions causing forest die-offs, and (E) Increased risk of drought. (c) The purposes of this chapter are as follows: (1) To protect the public health, safety, and general welfare of the residents of the city by regulating existing residential rental and privately occupied residential structures and to promote conservation and the efficient use of energy; (2) To establish minimum energy efficiency requirements for existing rental and privately occupied housing in the city with the goal of reducing greenhouse gas emissions; and (3) To address the unique needs and challenges associated with energy retrofits in existing rental and privately occupied housing. (d) The city council hereby adopts the 2024 edition of the International Property Maintenance Code as the Property Maintenance Code of the City of Boulder. This chapter establishes minimum code standards related to: administration; definitions; general requirements; light, ventilation and occupancy limitations; plumbing facilities and fixture requirements; mechanical and electrical systems; fire safety requirements; and rental licensing; and existing residential rental structure energy conservation. Ordinance Nos. 7724 (2010); 7726 (2010); 7925 (2013); 8366 (2020); 8684 (2025)

Boulder Revised Code 1981 § 10-2-2 Adoption of International Property Maintenance Code With Modifications.

10-2-2. - Adoption of International Property Maintenance Code With Modifications. (a) The 2024 edition of the International Property Maintenance Code (IPMC) of the International Code Council is hereby adopted by reference as the City of Boulder Property Maintenance Code and has the same force and effect as though fully set forth in this chapter, except as specifically amended for local application by this chapter. (b) IPMC Appendix chapters A, "Boarding Standard," B, "Rental Housing Inspections," and C, "Energy Efficiency Requirement - Existing Residential Rental Structures Energy Conservation," are adopted. (c) For ease of reference, the following identifies all chapters, sections and appendices of the published and adopted IPMC and includes specific amendments for local application. Chapter, Section, Subsection, or Appendix numbers of provisions not amended appear, followed by the words, "No changes." The amended text of specifically amended provisions appears below. Chapter, Section, Subsection, or Appendix numbers of any provisions not adopted appear, followed by the word, "Deleted." CHAPTER 1 SCOPE AND ADMINISTRATION PART 1 - SCOPE AND ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Property Maintenance Code of the City of Boulder, hereinafter referred to as "this code." 101.2 Scope. This code applies to all existing structures and all existing premises and establishes minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, energy conservation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; this code also specifies the responsibility of owners, operators, and occupants related to code compliance, establishes requirements and standards for the occupancy of existing structures and premises, and provides for administration, licensing, enforcement, and penalties. 101.2.1 Application of Rental Licenses Code. Existing residential structures utilized as rental properties will also be subject to the requirements of Chapter 10-3, "Rental Licenses," B.R.C. 1981. 101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety, and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Except as provided below, existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Existing structures and premises that comply with all applicable codes in force at the time of construction will be deemed to comply with this code except where the code official determines that deviations from this code pose a danger to the health, safety, or welfare of the public or occupants, and issues an order for the owner to correct those specific conditions or alterations. 101.4 Severability. No changes. SECTION 102 APPLICABILITY 102.1 General. No changes. 102.2 Maintenance. Equipment, systems, devices, and safeguards required by this code shall be maintained in accordance with the code in effect when the structure or premises were legally constructed, altered, or repaired and shall be maintained in good working order. 102.3 Application of Other Codes. Repairs, additions, or alterations to a structure, inspections, or changes of occupancy shall be done in accordance with the procedures and provisions of the City of Boulder Building Code, City of Boulder Residential Code, City of Boulder Existing Building Code, City of Boulder Fuel Gas Code, City of Boulder Mechanical Code, City of Boulder Plumbing Code, City of Boulder Fire Code, City of Boulder Energy Conservation Code, and City of Boulder Electrical Code. 102.4—102.11 No changes. PART 2 - ADMINISTRATION AND ENFORCEMENT SECTION 103 CODE COMPLIANCE DIVISION 103.1 General. "Code Compliance Division" means the administrative unit established by the city manager or the manager's delegates, and the personnel assigned to the unit by the manager. The Code Compliance Division administers the Property Maintenance Code. The executive official in charge of the Code Compliance Division is the code official. 103.2 Appointment. Deleted. 103.2 Deputies. Deleted. 103.4 Fees. The fees and costs for activities and services performed by the department in carrying out its responsibilities under this code shall be as detailed in Section 4-20-47, "Zoning Adjustment and Building Appeals Filing Fees," B.R.C. 1981. SECTION 104 FEES, DELETED SECTION 105 DUTIES AND POWERS OF THE CODE OFFICIAL 105.1 General. The code official is hereby authorized and directed to enforce the provisions of this code and Chapter 10-3, "Rental Licenses," B.R.C. 1981. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 105.2 Determination of Compliance No changes. 105.3 Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code and as necessary to effect compliance with the provisions of this code and Chapter 10-3, "Rental Licenses," B.R.C. 1981, provided that, if such structure or premises is occupied, the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. 105.3.1 Warrant. No changes. 105.4—105.6 No changes. 105.7 Liability. Neither the City nor any employee of the City who enforces, attempts to enforce, or is authorized to enforce this code, or any related provisions or reviews under the Boulder Revised Code, shall be liable to third parties for any damage or injury to person or property as a result of enforcement or nonenforcement. The City assumes no duty of care by the adoption of this code or any related provisions or reviews under the Boulder Revised Code. No person is justified in relying upon the results of an inspection, and such inspections are not a guarantee that the premises so approved, inspected and licensed in fact complies with all the requirements of this code or any related provisions or reviews under the Boulder Revised Code. It is the duty of the persons owning and controlling any building or structure to ensure that the building is maintained in accordance with the requirements of this code, and it is such persons, and not the City, who are responsible for damages caused by breach of such duty. 105.8. Approved Materials and Equipment. No changes 105.9 Clerk and Recorder Notices. When the code official finds that there is a violation of this code, a notice to that effect may be filed with the Boulder County Clerk and Recorder against the title of the land upon which the dwelling or structure is built. The code official shall inform the property owner of this action in advance, in writing according to Section 109.4, allowing adequate time to correct the violation. When the condition upon which the notice described in the record was based has been corrected, the code official shall provide a written release. 105.10 Authority to Issue Rules. The code official may adopt reasonable rules to implement the provisions of this code pursuant to Chapter 1-4, "Rulemaking," B.R.C. 1981. SECTION 106 MEANS OF APPEALS 106.1 Application of Appeal. (a) Any appeal under this section shall be heard by the Board of Building Appeals established under Section 2-3-4, "Board of Building Appeals," B.R.C. 1981, unless the city manager determines, due to the nature of the issues in a particular appeal, to appoint a hearing officer under Section 1-3-5, "Hearings and Determinations," B.R.C. 1981. (b) Any person directly affected by a decision of the code official or by an order issued under this code may appeal the decision or order on the ground that: (1) The decision or order was based on an error of fact or an erroneous interpretation of this code or the rules legally adopted thereunder; (2) The code official has erroneously failed to approve an alternative material or method pursuant to Section 105.2.2 prior to its installation or use. In determining such an appeal, the board shall apply the standards of Section 105.2.2, but the board shall have no jurisdiction to consider if a material or method expressly prohibited by this code is an acceptable alternative; or (3) The code official has erroneously failed to grant a modification pursuant to Section 105.2.3 prior to its installation. In determining such an appeal, the board or hearing officer shall apply the standards of Section 105.2.3. The code official has the burden of proof under paragraph 1. The appellant has the burden of proof on appeals brought pursuant to paragraphs 2 and 3. The board or hearing officer shall determine the appeal and decide whether the code official's interpretation or application of such code was correct or in error at a hearing under the procedures described in Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. (c) An application for appeal must be filed in writing with the city manager within fourteen days after the date the decision or order was served. (d) An applicant for an appeal shall pay the fee prescribed by Section 4-20-47, "Zoning Adjustment and Building Appeals Filing Fees," B.R.C. 1981. The fee for an appeal heard by a hearing officer shall be the same as the fee for an appeal heard by the Board of Building Appeals. (e) The city manager may apply to the Board of Building Appeals, without fee, for an advisory opinion concerning alternative methods, applicability of specific requirements, approval of equipment and materials, and granting of special permission as contemplated in Section 105.1 or 105.2 of the Property Maintenance Code. (f) The board or hearing officer has neither authority to interpret Chapter 1 (the administrative requirements) of this code, except as expressly provided in this section, nor, because this code sets minimum standards, to waive any requirement of this code. 106.2—106.4 Deleted. SECTION 107 VIOLATIONS 107.1 Violations. (a) General Provisions: (1) It shall be unlawful for a person, firm, or corporation to be in conflict with or in violation of any of the provisions of this code. No person shall erect, construct, enlarge, alter, extend, repair, move, remove, improve, convert, demolish, equip, use, occupy, or maintain any building or structure in the city, or cause or permit the same to be done, except in conformity with all of the provisions of this code and in conformity with the terms and conditions of approval issued under this code, or of any directive of the code official. No person shall violate a provision of this code or fail to comply therewith or with any of the requirements thereof. No person shall fail to comply with any order issued by the code official under this code. (2) In accordance with the provisions of Section 5-2-11, "Prosecution of Multiple Counts for Same Act," B.R.C. 1981, each day during which illegal construction, alteration, maintenance, occupancy, or use continues, constitutes a separate offense remediable through the enforcement provisions of this code. (3) The owner, tenant, and occupant of a structure or land and the agents of each of them are jointly and severally liable for any violation of this code with respect to such structure or land. (4) The remedies for any violation of any provision of this code or of any permit, certificate, or other approval issued under this code or other City of Boulder code, or of any directive of the code official, may be pursued singly or in combination. (5) If any person fails or refuses to pay when due any charge imposed under this section, the code official may, in addition to taking other collection remedies, certify due and unpaid charges to the Boulder County Treasurer for collection as provided by Section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981. (6) If a notice or order under Section 108 or 109.4 is not complied with, the code official may institute any appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or the order or direction made pursuant thereto. The code official may charge the cost of any action taken to correct a violation, plus up to fifteen percent of such cost for administration, to the property owner. If any property owner fails or refuses to pay when due any charge imposed under this section, the code official may, in addition to taking other collection remedies, certify due any unpaid charges, including interest, to the Boulder County Treasurer, to be levied against the person's property for collection by the county in the same manner as delinquent general taxes upon such property are collected, under the procedures described by Section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981. (b) Administrative Procedures and Remedies: (1) If the code official finds that a violation of any provision of this code or of any approval granted under this code exists, the manager, after notice and an opportunity for hearing under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, may take any one or more of the following actions to remedy the violation: (A) Impose a civil penalty according to the following schedule: (i) For the first violation of the provision or approval, $150; (ii) For the second violation of the same provision or approval, $300; and (iii) For the third violation of the same provision or approval, $1,000; (B) For a violation concerning the use of a residential building under a rental license, revoke such license; (C) Require the filing of a declaration of use as provided in subsection (e); or (D) Issue an order reasonably calculated to ensure compliance with the provisions of this code or any approval granted under this code. (E) To cover the costs of investigative inspections, the city manager will assess a $250 fee per inspection, where the city manager performs an investigative inspection to ascertain compliance with or violations of this chapter. (2) Prior to the hearing, the code official may issue an order that no person shall perform any work on any structure or land, except to correct any violation found by the code official to exist with respect to such structure or land. (3) If notice is given to the code official at least forty-eight hours before the time and date set forth in the notice of hearing on any violation that the violation has been corrected, the code official will reinspect the structure or land. If the code official finds that the violation has been corrected, the manager may cancel the hearing. (4) No person shall fail to comply with any action taken by the code official under this section. (c) Criminal Penalties. Violations of this code are punishable as provided in Section 5-2-4, "General Penalties," B.R.C. 1981. (d) Other Remedies. The city attorney may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief in the District Court in and for the County of Boulder for any violation of any provision of this code or any approval granted under this code. (e) Declaration of Use. If the code official determines that a person is using a structure in a way that might mislead a reasonable person to believe that such use is a use by right or otherwise authorized by this title, the code official may require such person to sign under oath a declaration of use that defines the limited nature of the use and to record such declaration in the office of the Boulder County Clerk and Recorder against the title to the land. In addition to all other remedies and actions that the code official is authorized to use under the Boulder Revised Code or other applicable federal, state, or local laws to enforce the provisions of this code, the code official is authorized to withhold any approval affecting such structure or land, including, without limitation, a building permit, use review, site review, subdivision, floodplain development permit, or wetland permit, until such time as the person submits a declaration of use that is in a form acceptable to the code official. 107.2—107.4 Deleted 107.5 Abatement of Violation. No changes SECTION 108 STOP WORK ORDER 108.1—108.3 No changes. 108.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties as detailed in Section 107, "Violations" or $1000 per day per violation, 90 days in jail or both. SECTION 109 UNSAFE STRUCTURES AND EQUIPMENT 109.1—109.3 No changes. 109.4 Notice. No Changes. 109.4.1 Form. Except in those instances where Section 308, Rubbish and Garbage, or Section 309, Pest Elimination, applies, or if a violation of Chapter 10-3, "Rental Licenses," B.R.C. 1981, is alleged, whenever the code official determines that there is or has been a violation of any provision of this code, notice shall be given of such determination to the person responsible to correct the violation. The notice shall: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 5. Inform the property owner or other person responsible to correct the violation of the right to appeal. 6. Include a statement of the rights under Section 107.1(a)(6). 109.4.2 Method of Service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally upon the responsible person, or by leaving a copy thereof at the person's usual place of abode, with any person eighteen years of age or older and who is a member of the person's family; or at the person's usual workplace, with the person's supervisor, secretary, administrative assistant, bookkeeper, human resources representative, or managing agent; or by delivering a copy to a person authorized by appointment or by law to receive service of process; 2. Sent by certified mail addressed to the owner at the last known address with return receipt requested; or 3. Delivered in any other manner as prescribed by law. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner. 109.4.3 Penalties. Penalties for non-compliance with notices issued under this section shall be as set forth in Section 107.1. 109.5 Unauthorized Tampering. No changes. 109.6 Transfer of Ownership. Deleted. 109.7—109.9 No Changes SECTION 110 EMERGENCY MEASURES 110.1 Imminent danger. When in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice bearing the words "Unsafe, Do Not Enter." It shall be unlawful for any person to enter such structure, except with the prior approval of the building official, for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 110.2—110.6 No changes. SECTION 111 DEMOLITION 111.1—111.4 No changes. CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1—201.5 No changes. SECTION 202 GENERAL DEFINITIONS (No changes except as follows) CODE OFFICIAL. The city manager and any city manager's delegate charged with the administration and enforcement of this code. KITCHEN SINK. A kitchen sink shall be no smaller than twenty inches by sixteen inches, with a minimum uniform depth of six inches and a maximum uniform depth of twenty inches. Laundry tubs, lavatory basins, or bathtubs are not acceptable substitutes for required kitchen sinks. MANUFACTURED HOME. Means a structure, transportable in sections, built on a permanent chassis and designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" includes "modular home" but does not include "recreational vehicle." TECHNICALLY IMPRACTICAL. Alterations that are unlikely to be accomplished because existing structural conditions or site constraints prohibit practical modifications or addition of elements or features that would attain the energy efficiency requirements of Appendix C of Chapter 10-2, "Property Maintenance Code," B.R.C. 1981. CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1—301.3 No changes. SECTION 302 EXTERIOR PROPERTY AREAS 302.1—302.3 No changes. 302.4 Weeds. Weed control is regulated and enforced under Chapter 6-2, "Weed Control," B.R.C. 1981. 302.5 Rodent Harborage. Rodent control is regulated and enforced under Chapter 6-5, "Rodent Control," B.R.C. 1981. 302.6—302.7 No changes. 302.8 Motor Vehicles. Motor vehicle parking and storage are regulated by Title 7, "Regulation of Vehicle, Pedestrian and Parking," B.R.C. 1981. 302.9 Defacement of Property. Graffiti control is regulated and enforced under Section 5-4-14, "Graffiti Prohibited," B.R.C. 1981. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1—303.2 No changes. SECTION 304 EXTERIOR STRUCTURE 304.1—304.6 No changes. 304.7 Roofs and Drainage. The roof and flashing shall be sound, tight and not have defects that admit water. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8—304.13 No changes. 304.14 Insect Screens. Deleted. 304.15—304.16 No changes. 304.17 Guards for Basement Windows. Deleted. 304.18—304.19 No changes. SECTION 305 INTERIOR STRUCTURE 305.1 General. No changes. 305.1.1 Potentially Unsafe Conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the City of Boulder Residential Code or the City of Boulder Existing Building Code as required for existing buildings: 1—5: No changes. Exceptions: 1-2: No changes. 305.2—305.6 No changes SECTION 306 COMPONENT SERVICEABILITY 306.1 No changes. 306.1.1 Unsafe Conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the City of Boulder Residential Code or the City of Boulder Existing Building Code as required for existing buildings: 1. Soils that have been subjected to any of the following conditions: 1.1. Collapse of footing or foundation system. 1.2. Damage to footing, foundation, concrete or other structural element due to soil expansion. 1.3. Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil. 1.4. Inadequate soil as determined by a geotechnical investigation. 1.5. Where the allowable bearing capacity of the soil is in doubt. 1.6. Adverse effects to the footing. foundation, concrete or other structural element due to the ground water table. 2. Concrete that has been subjected to any of the following conditions: 2.1. Deterioration. 2.2. Ultimate deformation. 2.3. Fractures. 2.4. Fissures. 2.5. Spalling. 2.6. Exposed reinforcement. 2.7. Detached, dislodged or failing connections. 3. Aluminum that has been subjected to any of the following conditions: 3.1. Deterioration. 3.2. Corrosion. 3.3. Elastic deformation. 3.4. Ultimate deformation. 3.5. Stress or strain cracks. 3.6. Joint fatigue. 3.7. Detached, dislodged or failing connections. 4. Masonry that has been subjected to any of the following conditions: 4.1. Deterioration. 4.2. Ultimate deformation. 4.3. Fractures in masonry or mortar joints. 4.4. Fissures in masonry or mortar joints. 4.5. Spalling. 4.6. Exposed reinforcement. 4.7. Detached, dislodged or failing connections. 5. Steel that has been subjected to any of the following conditions: 5.1. Deterioration. 5.2. Elastic deformation. 5.3. Ultimate deformation. 5.4. Metal fatigue. 5.5. Detached, dislodged or failing connections. 6. Wood that has been subjected to any of the following conditions: 6.1. Ultimate deformation. 6.2. Deterioration. 6.3. Damage from insects, rodents and other vermin. 6.4. Fire damage beyond charring. 6.5. Significant splits and checks. 6.6. Horizontal shear cracks. 6.7. Vertical shear cracks. 6.8. Inadequate support. 6.9. Detached, dislodged or failing connections. 6.10. Excessive cutting and notching. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted where approved by the code official. SECTION 307 HANDRAILS AND GUARDRAILS 307.1—307.2 No Changes. 307.2.1 Height. Guards shall be not less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or ramp, or other walking surface. SECTION 308 RUBBISH AND GARBAGE 308.1 Accumulation of Rubbish or Garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish and garbage as required by Chapter 6-3, "Trash, Recyclables and Compostables," B.R.C. 1981. 308.2 Disposal of Rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers as required by Chapter 6-3, "Trash, Recyclables and Compostables," B.R.C. 1981. 308.2.1 Rubbish Storage Facilities. Deleted. 308.2.2 Refrigerators. Deleted. 308.3 Disposal of Garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers as required by Chapter 6-3, "Trash, Recyclables and Compostables," B.R.C. 1981. 308.3.1 Garbage Facilities. Deleted. 308.3.2 Containers. Deleted. SECTION 309 PEST ELIMINATION 309.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall promptly have the infestation eradicated by approved processes that will not be injurious to human health. After eradication, proper precautions shall be taken to prevent reinfestation. Rodent control is regulated and enforced under Chapter 6-5, "Rodent Control," B.R.C. 1981. 309.2 Owner. The owner of any structure shall be responsible for eradication within the structure prior to renting or leasing the structure. 309.3 Single Occupant. The occupant of a one-family dwelling or single-tenant structure shall be responsible for eradication on the premises. 309.4 Multiple Occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy or a rooming house shall be responsible for eradication in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for eradication. 309.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for the eradication. 309.6 Preapplication Pesticide Notification. No operator or occupant shall fail to comply with the preapplication pesticide notification provisions of Section 6-10-7, "Notification to Tenants and Employees of Indoor Application," B.R.C. 1981. SECTION 310 ACCESSIBILITY No Changes. SECTION 311 STORM SHELTERS No Changes. SECTION 312 FLOODPLAIN SAFETY SIGNAGE 312.1 General. The owner and operator of every property located in the floodplain as detailed in paragraph 9-3-3(a)(10), B.R.C. 1981, shall post and maintain on the exterior of the premises at the entrance a sign approved by the code official stating that the property is subject to flood hazard in accordance with the following: 1. The sign shall state: "This property is located in an area subject to sudden and severe flooding. In case of flood emergency, be prepared to seek high ground immediately. 2. For information go to www.boulderfloodinfo.net" or similar language. The sign shall be a metal plaque with minimum ¼ inch letters in a contrasting color attached with nonremovable fasteners on the exterior of the structure at the entrance. CHAPTER 4 LIGHT, VENTILATIONS AND OCCUPANCY LIMITATIONS SECTION 401 GENERAL 401.1—401.3 No changes. SECTION 402 LIGHT 402.1—402.3 No changes. SECTION 403 VENTILATION 403.1 Habitable Spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.1. Exceptions: 1. Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. 2. In R-3 occupancies, the glazed area need not be openable, where the opening is not required to be an emergency escape and rescue opening, and an approved mechanical ventilation system capable of producing 0.35 air changes per hour in the room is provided. 403.2 Bathrooms and Toilet Rooms. No changes. 403.3 Cooking Facilities. Deleted. 403.4 Process Ventilation. Deleted. 403.5 Clothes Dryer Exhaust. No changes. SECTION 404 OCCUPANCY LIMITATIONS 404.1—404.7 No changes. CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS No changes. CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 No changes. SECTION 602 HEATING FACILITIES 602.1 Facilities Required. No changes. 602.2 Residential Occupancies. Deleted. 602.3 Heat Supply. Interior space intended for human occupancy shall have active or passive space-heating systems capable of maintaining a minimum indoor temperature of 68°F (20°C). No portable space heaters shall be used to achieve compliance with this section. 602.4 Occupiable Work Spaces. Deleted. 602.5 Room Temperature Measurement. No changes. SECTION 603 MECHANICAL EQUIPMENT 603.1—603.6 No changes. SECTION 604 ELECTRICAL FACILITIES 604.1—604.3.2 No changes. SECTION 605 ELECTRICAL EQUIPMENT 605.1—605.2 No changes. 605.2.1 Non-grounding type electrical receptacles (two-prong receptacles). Where attachment to an equipment grounding conductor (two-wire circuits) does not exist in the receptacle enclosure, the installation shall comply with subsections 1, 2 or 3 below: 1. A two-prong receptacle shall be permitted to be replaced with another two-prong receptacle. 2. A two-prong receptacle may be replaced with a ground-fault circuit interrupter-type (GFCI) three-prong receptacle. These receptacles shall be marked "No Equipment Ground." An equipment grounding conductor shall not be connected from the GFCI-type receptacle to any outlet supplied from the GFCI-type receptacle. 3. A two-prong receptacle may be replaced with a three-prong, grounding-type receptacle where supplied through a GFCI device. Three-prong, grounding-type receptacles, supplied through the GFCI shall be marked "GFCI Protected" and "No Equipment Ground." An equipment grounding conductor shall not be connected between the grounding-type receptacles. 605.3 Luminaires. No changes. 605.4 Wiring. No changes. 605.5 Branch Circuits in Buildings With More Than One Occupancy. Each occupant shall have ready access to all circuit breakers protecting the conductors supplying that occupancy. 605.6 Flexible Cord Uses Not Permitted. Flexible cords and cables shall not be used: 1. As a substitute for the fixed wiring of the structure. 2. Where run through holes in walls, structural ceilings, suspended ceilings, dropped ceilings, or floors. 3. Where run through doorways, windows, or similar openings. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the State of Colorado. The inspection and tests shall be performed at not less than the periodic intervals as required by the State of Colorado. 606.2 Elevators. No changes. 606.3 Private residence elevators. No changes. SECTION 607 DUCT SYSTEMS No changes. CHAPTER 7 FIRE SAFETY REQUIREMENTS SECTIONS 701—703 No changes. SECTION 704 FIRE PROTECTION SYSTEMS 704.1—704.7 No Changes. 704.8 Smoke Alarm Inspections. Smoke alarm inspections shall be conducted by the property owner or agent as detailed below: 1. Smoke alarms that receive their primary power from the building wiring shall be checked for good operating condition once each year and if supplied with battery backup, the battery shall be replaced as necessary for proper function of the smoke alarm. 2. Battery-powered smoke alarms shall be tested for proper function on an annual basis. Batteries shall be replaced as necessary for proper function of the smoke alarm. 704.9 Residential Rental Smoke Alarms. In R-occupancies governed by Chapter 10-3, "Rental Licenses," B.R.C. 1981, smoke alarms shall be installed and inspected as required in this section. 704.10 Alarms. Fire alarms in existing residential structures shall be installed in accordance with Chapter 10-8, Section 907, "Fire Code," B.R.C. 1981. SECTION 705 CARBON MONOXIDE ALARMS 705.1—705.2 No changes. 705.3 General. Carbon monoxide alarms shall be installed in existing residential structures in accordance with Colorado state law, including Title 38, Article 45, Carbon Monoxide Alarms, C.R.S. 705.4 Carbon Monoxide Alarms. Carbon monoxide alarms shall be installed in existing dwellings and rented single- and multi-family dwellings that have fuel fired heaters, appliances, or fireplaces, or attached garages based on the following: 1. Alarms must be installed within 15' of the entrance to each sleeping area and must be wired to AC power, connected to an electrical panel, plugged into an electrical outlet without a switch or, if battery operated, attached to the wall or ceiling per the manufacturer's installation instructions and in accordance with Chapter 10-8, Section 915, "Fire Code," B.R.C. 1981.. 2. Alarms must be installed in existing rental dwellings upon change of tenant occupancy after July 1, 2009. 3. Alarms must be installed in all newly constructed or renovated single-family and multi-family rental units. 4. Alarms may be installed within 25' of any fuel-fired heater or appliance, fireplace, or garage entrance in a multi-family dwelling used for rental purposes ONLY if the multi-family dwelling is equipped with a centralized alarm system or other mechanism that allows a responsible person to hear the alarm at all times (commercially monitored system). 5. Rental owners are responsible for replacing nonfunctioning carbon monoxide alarms upon written request of the tenant or when the unit is being vacated and re-rented. 6. Carbon monoxide detectors shall not be disarmed, removed or have the batteries removed to make them inoperable. 705.5 Carbon Monoxide Alarm Inspections. Carbon monoxide alarm inspections shall be conducted by the property owner or agent as detailed below: 1. Carbon monoxide alarms that receive their primary power from the building wiring shall be checked for good operating condition once each year and supplied with battery backup. The battery shall be replaced as necessary for proper function of the carbon monoxide alarm. 2. Battery-powered carbon monoxide alarms shall be tested for proper function on an annual basis. Batteries shall be replaced as necessary for proper function of the carbon monoxide alarm. SECTION 706 PORTABLE FIRE EXTINGUISHERS 706.1 Where Required. Portable fire extinguishers shall be installed as required by the City of Boulder Fire Code Section 906. 706.1.1 In new and existing R-1, R-2 and R-4 occupancies, portable fire extinguishers need only be installed when interior corridors and common areas exist in accordance with Section 906.1 and table 906.3(2) for light (low) hazard occupancies and Sections 906.3 through 906.9. APPENDIX A BOARDING STANDARD A101—A104 No changes. APPENDIX B RENTAL HOUSING INSPECTION AND LICENSING B101 Scope. Appendix B sets standards for administering the rental housing maintenance, inspection and licensing process. B102 Rental Licenses. Residential rental licenses are applied for and renewed in accordance with Chapter 10-3, "Rental Licenses," B.R.C. 1981. B103 Inspections. Rental inspections shall be performed and certified by licensed contractors as detailed in Chapter 4-4, "Building Contractor License," B.R.C. 1981. APPENDIX C ENERGY EFFICIENCY REQUIREMENT EXISTING RESIDENTIAL RENTAL STRUCTURES ENERGY CONSERVATION C101 SCOPE C101.1 Scope. Appendix C sets standards for residential rental dwelling unit energy efficiency. The energy efficiency requirements of this section shall apply to all residential rental dwelling units licensed according to Chapter 10-3, "Rental Licenses," B.R.C. 1981, except: 1. Buildings that can be verified as meeting or exceeding the energy efficiency requirements of the Energy Conservation Code, Chapter 10-7, B.R.C. 1981; and 2. Any manufactured home; and 3. Attached accessory dwelling units as detailed in Section 9-6-3, "Specific Use Standards Residential Uses," B.R.C. 1981. C101.2 Compliance. The energy efficiency of existing residential rental dwelling units must comply with Section C101.2.1 for performance-based energy efficiency requirements or Section C101.2.2 for prescriptive-based energy efficiency requirements. The code official may grant exceptions as follows: 1. Innovative Materials: Buildings achieving equivalent energy efficiency performance through the use of innovative materials, methods and/or equipment in accordance with Section 105 of this code as an alternative to the performance and prescriptive methods. The code official shall determine the relative values and effectiveness of innovative materials, methods and/or equipment in satisfying the intent and purpose of this code. 2. Historic Buildings: Reasonable modifications in the award of prescriptive and performance points of this appendix upon a finding by the code official that the application of this section requires an exterior alteration to an individual landmark or a contributing building within a historic district established under Chapter 9-11, "Historic Preservation," B.R.C. 1981, that would not be eligible for a landmark certificate. 3. Affordable Housing: Rental dwelling units meeting the requirements for a permanently affordable unit as follows: a. Units weatherized according to state or federal subsidy program standards after September 1994. b. Units eligible for weatherization according to state or federal subsidy program standards that have applied for weatherization service: an exception for one rental license cycle, to reach compliance. The code official may approve additional time to achieve compliance if one rental license cycle is not adequate. c. Units not qualifying for weatherization according to state or federal subsidy programs: an exception for one rental license cycle to achieve compliance. The code official may approve additional time to achieve compliance if one rental license cycle is not adequate. 4. Technically Impractical: For buildings where energy efficiency upgrades are technically impractical in accordance with IPMC Section 105.1, owners shall demonstrate equivalent code compliance as follows: a. Except as provided below, owners shall make the energy efficiency improvements that are practical and shall pay, for each rental license cycle an energy impact offset fee established in Section 4-20-18, "Rental License Fee," B.R.C. 1981, to the city's energy impact offset fund. b. If the building is the subject of an application for concept review, site review, or a demolition permit, and the application shows that the building will be demolished or substantially remodeled within the next licensing period, the owner need not make energy efficiency improvements, but must pay, for each rental license cycle, the energy impact offset fee established in Section 4-20-18, "Rental License Fee," B.R.C. 1981. c. The energy impact offset fee required under this section will be approximately equivalent to the energy offsets that would have been achieved through the energy efficiency requirements that have been waived as a modification pursuant this Paragraph 4 of Section C101.2. and IPMC Section 105.1. The fee will be imposed per SmartRegs point waived that is otherwise required under IPMC Section C101.2.2. The city manager shall create and maintain an energy impact offset fund for the receipt and management of the energy impact offset fee. Monies received in that fund must be used solely to promote or facilitate reduction in greenhouse gas emissions or otherwise directly offset the effects of greenhouse gas emission and for the costs of administering programs consistent with these purposes. Possible uses of the fund may include but are not limited to energy efficiency and renewable energy programs and projects, such as programs installing or facilitating the installation of rooftop solar and other measures that have demonstrable carbon reduction benefits. For accounting purposes, the monies received in the fund shall be held in a separate account established for the purposes of this fund. C101.2.1 Performance energy efficiency option. Existing residential rental structures shall demonstrate energy efficiency compliance by obtaining a minimum Home Energy Rating System (HERS) index of 120 per rental dwelling unit. A HERS index shall be determined by a rater accredited by the Residential Energy Services Network (RESNET). For multi-dwelling rental structures, a HERS index sampling protocol authorized and approved by the code official may be utilized. C101.2.2 Prescriptive energy efficiency option. The energy efficiency of residential structures shall be determined by an energy efficiency inspection score of 100 points as documented on table C101.2. The applicant shall provide an energy efficiency compliance certificate signed by a licensed and approved contractor per Subsection 4-4-4(g), "Building Contractor License," and Section 4-4-5, "License Application and Qualifications," B.R.C. 1981. Table 101.2 SmartRegs Prescriptive Pathway Need 100 Total Points + Mandatory Water Conservation Measures WALLS Source table WINDOWS/FENESTRATIONS Source table ¹ Historically designated properties and properties older than 50 years with wooden window frames that rehabilitate and install storm panels will receive credit at the 0.35 U-Value level. ATTIC Source table INFILTRATION
nACH BASEFINAL POINTS
1.20 nACH or Less2
0.75 nACH4
0.50 nACH6
0.35 nACH or Less (ventilate per ASHRAE 62.2)7
Source table SLAB/FOUNDATION Base: Final: DUCT LEAKAGE
CFM per 100 SF BASEFINAL POINTS
80 cfm @ 25 Pa0
60 cfm @ 25 Pa4
40 cfm @ 25 Pa9
20 cfm @ 25 Pa14
10 cfm @ 25 Pa or Less or no ducts (radiant)17
DUCTS/RADIANT Source table HEATING
SPECIFICATION BASEFINAL POINTS
Electric, Oil or ASHP0
Gas 65 AFUE or worse0
Gas 80 AFUE13
Gas 90 AFUE17
Gas 96 AFUE19
GSHP (COP 3.3)29
GSHP (COP 4.1)38
GSHP (COP 4.8)43
COOLING
SPECIFICATION BASEFINAL POINTS
10 SEER or worse0
13 SEER4
15 SEER/Evaporative Cooler/no A/C6
17 SEER7
19 SEER/Indirect Evaporative Cooler8
GSHP (>EER 13.5)4
FANS
SPECIFICATION BASEFINAL POINTS
Whole House Fan (In Addition to Cooling Points)2
LIGHTING
HIGH-EFFICIENCY LIGHTING POINTS (solar tubes/light tunnels counted as light fixtures)FINAL POINTS
0%0
25%2
50%4
75%6
100%7
HOT WATER
SPECIFICATION BASEFINAL POINTS
Electric, Oil, or Heat Pump0
Gas 56 EF0
Gas 60 EF1
Gas 64 EF2
Gas Tankless 82 EF or Better6
Gas Boiler Side Arm (65 AFUE Boiler)0
Gas Boiler Side Arm (80 AFUE Boiler)3
Gas Boiler Side Arm (95 AFUE Boiler)5
REFRIGERATION
SPECIFICATION BASEFINAL POINTS
750 kWh0
650 kWh2
450 kWh3
350 kWh or Better4
SOLAR THERMAL
SPECIFICATION BASEFINAL POINTS
Points per 20 sq. ft. of collector surface area8
PV (includes power purchase agreements and solar leases) or verified subscription in a Community Solar Garden. [4]
kW BASEFINAL POINTS
Points per kW44
OCCUPANT
MEASURE BASEFINAL POINTS
Sub-Metering: Real Time Energy Monitoring Device1
Programmable Thermostat1
Provide Operation/Training Manual1
Tenant Attends Energy Conservation Class1
OTHER
MEASURE BASEFINAL POINTS
Heat Pump Desuperheater1
Electrically Commutated Motor ("ECM")3
Passive Solar DesignDiscretionary - approved by City of Boulder
Innovative PracticeDiscretionary - approved by City of Boulder
MANDATORY WATER CONSERVATION Must Earn Two Points Regardless of Whether Performance or Prescriptive SmartRegs Pathway is Chosen.
WATER CONSERVATION MEASURE³POINTS PER FIXTURE
Low flow showerhead ⁵1
Low flow lavatory faucets ⁴1
Self-closing faucet valves1
High-efficiency or duel-flush toilet ⁶2
ENERGY STAR washing machine2
ENERGY STAR dishwasher2
³ Points earned in this category do not count towards prescriptive 100-point requirement. ⁴ The average flow rate for all bathroom faucets must be less than or equal to 1.5 gallons per minute (gpm). ⁵ The average flow rate for all shower heads must be less than or equal to 2.0 gpm. ⁶ The average flow rate for all toilets, including dual-flush toilets, must be less than or equal to 1.28 gpf (gallons per flush). A common dual-flush toilet has a 1.6 gpf and a 0.8 gpf. This makes an average of 1.2, which would qualify. Definitions of acronyms: R-value: A measure of thermal resistance used to describe insulation. The bigger the number, the better the insulation's effectiveness. U-value: The overall heat transfer coefficient, describes how well a building element conducts heat. U-value is the inverse of R-value. The lower the U-value, the better. NACH: Natural air changes per hour. HVAC: Heating, Ventilating and Air Conditioning. Cfm: Cubic feet per minute. Pa: Pascal; a measure of force per unit area. ASHP: Air source heat pump. AFUE: Annual fuel utilization efficiency; the most widely used measure of a furnace's heating efficiency. GSHP: Ground source heat pump. COP: Coefficient of performance of a heat pump is the ratio of the change in heat at the "output" (the heat reservoir of interest) to the supplied work. SEER: Seasonal energy efficiency ratio; used to measure the efficiency of air conditioners. EF: Energy factor is the ratio of useful energy output from the water heater to the total amount of energy delivered to the water heater. The higher the EF is, the more efficient the water heater. KWh: Kilowatt hour; a unit of energy equal to 1,000-watt hours. KW: Kilowatt. C101.3 Administration and enforcement. Administration and enforcement of these measures shall be as detailed in Part 2 of this code. Ordinance Nos. 7724 (2010); 7726 (2010); 7772 (2010); 7925 (2013); 7963 (2014); 8256 (2018); 8371 (2019); 8366 (2020); 8651 (2025); 8684 (2025); 8697 (2025) Footnotes: --- (4) --- Must earn 70 prescriptive pathway points in other categories to be eligible to earn PV Points.
Source: City of Boulder, Colorado, Revised Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/co/boulder/codes/municipal_code?nodeId=TIT10ST_CH2PRMACOFetched: 11/14/2026

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