10-8.5-2. - Adoption of the International Wildland-Urban Interface Code With Modifications.
(a) The 2024 edition of the International Wildland-Urban Interface Code of the International Code Council is adopted by reference as the City of Boulder Wildland Code and has the same force and effect as though fully set forth in this chapter, except as specifically amended by the provisions of this chapter.
(b) Appendix B, "Vegetation Management Plan," and Appendix C, "Fire Hazard Severity Form," and sections contained therein are adopted.
(c) Section 101.1, "Title," is repealed and reenacted to read:
101.1 Title. These regulations shall be known as the City of Boulder Wildland Code or Wildland Code or wildland code, hereinafter referred to as "this code."
(d) Section 102.4.1, "Conflicts," is amended to read:
102.4.1 Conflicts. Where conflicts exist between provisions of this code and the referenced standards or the building, residential, or fire code, the most restrictive provisions shall govern.
(e) Section 103.1, "Creation of agency," is repealed and reenacted to read:
103.1 Division of Building Safety. "Division of Building Safety" 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 Division of Building Safety administers the City of Boulder Wildland Code assisted by Community Risk Reduction, established within the fire department, under the direction of the manager.
(f) Section 104.8, "Liability," is repealed and reenacted to read:
104.8 Liability. The Wildland Code shall not be construed to hold the City of Boulder or any of its employees, officials, or agents responsible for any damage to persons or property by reason of inspection or reinspection or failure to inspect or reinspect as herein provided or by reason of the approval or disapproval of any equipment as herein provided. No employee, official, or agent of the city who enforces, attempts to enforce, or is authorized to enforce the Wildland Code renders him or herself or the city liable to third parties for any damage or injury to the person or property of such third parties as a result of enforcement or nonenforcement of the Wildland Code. The city assumes no duty of care by virtue of the adoption of the Wildland Code. No person is justified in relying upon the approval of a plan, the results of an inspection, or the issuance of a certificate of inspection or occupancy, and such approvals, inspections, and certificates are not a guarantee that the plan or work so approved, inspected, or certificated in fact complies with all requirements of the Wildland Code. It is the duty of the person owning, controlling, constructing, altering, or maintaining any building, structure, or premises to ensure that the work is done in accordance with the requirements of the Wildland Code, and it is such persons and not the city who are responsible for damages caused by negligent breach of such duty.
(g) A new section 104.11, "Compliance with Federal and State Law," is added to read as follows:
104.11 Compliance with Federal and State Law.
The code official may modify for individual cases the provisions of this code to allow a design, installation, construction, use, or maintenance not in compliance with the provisions of this code, if otherwise the provisions of this code would result in a violation of federal or state law, legislation, or regulation, and the modification would be the minimum modification that provides relief.
(h) Section 105, "Permits," is repealed and reenacted to read as follows:
105 Permits. The provisions of Section 105, "Permits," of the City of Boulder Building Code, Section 105, "Permits," of the City of Boulder Fire Code, and Section 105, "Permits," of the City of Boulder Residential Code, apply, as otherwise applicable to the work requiring the permit.
(i) Section 106.1, "General," is repealed and reenacted to read as follows:
106.1 General. The requirements of Section 107.1, "General," of the City of Boulder Building Code apply.
(j) Section 106.2, "Information on plans and specifications," is repealed and reenacted to read as follows:
106.2. Information on plans and specifications. Plans and specifications shall be drawn to scale and shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed, and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules, and regulations.
(k) Section 109.3.6, "Prosecution of violation," is repealed and reenacted to read as follows:
109.3.6 Violations.
(a) General Provisions.
(1) No person shall erect, construct, enlarge, alter, extend, repair, move, remove, improve, convert, demolish, equip, use, occupy, or maintain any building, structure, or premises 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 the provisions of this code, fail to comply with any requirements thereof, or 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, use, or violation 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 codes 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) The code official may charge the cost of any action taken to correct or abate a violation, as authorized by this code, 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 any approval granted under this code exists, the city 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, $100;
(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.
(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.
(l) Section 109.3.7, "Violation penalties," is repealed and reserved.
109.3.7 Reserved.
(m) Section 112, "Means of Appeals," is repealed and reenacted to read as follows:
SECTION 112 - MEANS OF APPEALS
112.1 Appeals.
(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 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 erroneously failed to approve an alternative material, design, or method pursuant to Section 104.2.2, Alternative materials, design and methods, prior to its installation or use. In determining such an appeal, the board or hearing officer shall apply the standards of Section 104.2.2, but the board or hearing officer shall have no jurisdiction to consider if a material, design, 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 104.2.3, Modifications. In determining such an appeal, the board or hearing officer shall apply the standards of Section 104.2.3, Modifications.
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 Buildings 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 104.2.2, Alternative materials, designs and methods, or Section 104.2.3, Modifications, of the Wildland Code.
(f) The board or hearing officer has no 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.
(n) Section 202, "Definitions," is amended in that the definition of "Code Official" and "Defensible Space" are repealed and reenacted and in that a definition for "Noncombustible Zone" is added to read:
CODE OFFICIAL. Code official means the city manager or the city manager's delegate.
DEFENSIBLE SPACE. An area that has been modified and is maintained to reduce fire risk, intensity, and spreading by disconnecting fuel loads both vertically and horizontally. In this area, natural and manmade fuels are treated, removed, and reduced to slow the spread of wildfire and alter fire behavior.
NONCOMBUSTIBLE ZONE. A five-foot area around a building or other structure having no vegetation and no combustible material.
(o) Section 403.2, "Driveways," is repealed and reenacted to read as follows:
403.2 Driveways. Driveways shall be provided when any portion of an exterior wall of the first story of a building is located more than 100 feet (30,480 mm) from a fire apparatus access road.
(p) Section 403.2.1, "Dimensions," is repealed and reenacted to read as follows:
403.2.1 Dimensions. Driveways shall be provided as defined in the City of Boulder Fire Code, as locally amended in Paragraph 10-8-2(b)(11), B.R.C. 1981, for an "accessible private drive" and with a minimum unobstructed height of 15 feet (4572 mm).
(q) Section 403.2.4, "Turnarounds," is repealed and reenacted to read as follows:
403.2.4 Turnarounds. Driveway turnarounds shall have a turning radius to accommodate an SU-30 vehicle. Driveways that connect with a road or roads at more than one point shall be considered as having a turnaround if all changes in direction meet the radii requirements for driveway turnaround.
(r) Section 403.3, "Fire apparatus access road," is repealed and reenacted to read as follows:
403.3 Fire apparatus access road. When required, fire apparatus access roads shall meet the requirements of the City of Boulder Design and Construction Standards.
(s) Section 404.2, "Water sources," is repealed and reenacted to read as follows:
404.2 Water sources. Water sources shall be designed and installed in accordance with the City of Boulder Design and Construction Standards.
(t) Section 502.1, "General," is repealed and reenacted to read as follows:
502.1 General. The fire hazard severity of building sites for buildings hereafter constructed, modified or relocated into wildland-urban interface areas shall be established by the code official based on the class of ignition-resistant construction identified for the building site on the wildland-urban interface area mapping or, alternatively, in accordance with Table 502.1. See also Appendix C.
(u) Section 503.1, "General," is repealed and reenacted to read as follows:
503.1 General. Buildings and structures hereafter constructed, modified or relocated into or within the wildland-urban interface areas shall meet the construction requirements for Class 1, Class 2, or Class 3 ignition-resistant construction based on the class identified for the building site on the wildland-urban interface area mapping or, alternatively, in accordance with Table 503.1. Class 1, Class 2 or Class 3, ignition-resistant construction shall be in accordance with Sections 504, 505 and 506, respectively. Materials required to be ignition-resistant building materials shall comply with the requirements of Section 503.2.
(v) A new section 503.2.4.4, "Appendages and projections," is added to read as follows:
503.2.4.4 Appendages and projections. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be constructed of a material meeting the following:
503.2.4.4.1 Surface. The surface shall be constructed of ignition-resistant building material meeting the requirements of Section 503.2 or of approved wood thermoplastic composite lumber with a flame-spread index no greater than 200 or any approved Class A roof assembly.
503.2.4.4.2 Framing. Framing shall be constructed with one of the following methods:
1. 1-hour fire resistance-rated construction.
2. Heavy timber construction.
3. Approved noncombustible materials.
4. Fire-retardant-treated wood labeled for exterior use.
(w) Section 504.2, "Roof assembly," but not including, Section 504.2.1, "Roof valleys," is repealed and reenacted to read as follows:
504.2 Roof covering. Roofs shall be installed in accordance with the requirements of the City of Boulder Building Code and the City of Boulder Residential Code, as applicable.
(x) Section 505.2, "Roof assembly," but not including Section 505.2.1, "Roof valleys," is repealed and reenacted to read as follows:
505.2 Roof covering. Roofs shall be installed in accordance with the requirements of the City of Boulder Building Code and the City of Boulder Residential Building Code, as applicable.
(y) Section 506.2, "Roof assembly," but not including Section 506.2.1, "Roof valleys," is repealed and reenacted to read as follows:
506.2 Roof covering. Roofs shall be installed in accordance with the requirements of the City of Boulder Building Code and the City of Boulder Residential Building Code, as applicable.
(z) A new Section 506.6, "Appendages and projections," is added to read as follows:
506.6 Appendages and projections. The surface of unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, shall be constructed of material that complies with Section 503.2, "Ignition-resistant building material".
(aa) A new Section 506.6.1, "Screening," is added to read as follows:
506.6.1 Screening. Unenclosed accessory structures attached to buildings with habitable spaces and projections, such as decks, that are 48 inches or less above the ground, measured from the lowest point of the appendage or projection to the ground, shall have a noncombustible corrosion-resistant mesh with openings not to exceed ⅛ inch around the perimeter or shall be designed and approved to prevent flame or ember penetration under the unenclosed accessory structure or projection.
Exception: The framing material meets the ignition-resistant building material requirements of Section 503.2, "Ignition-resistant building material."
(bb) Section 507.1, "Replacement or repair of roof coverings," is repealed and reenacted to read as follows:
507.1 Replacement or repair of roof coverings. Replacement or repair of any roof shall meet the requirements of Section 10-5-5, "Wood Roof Covering Materials Prohibited," B.R.C. 1981.
(cc) A new Section "508 - FENCING" is added to read as follows:
SECTION 508 - FENCING
508.1 Installation and replacement of fences. All fence and gate sections within 8 feet (2.4 m) of any structure shall be constructed of noncombustible materials in accordance with Section 503.2.1, "Noncombustible material."
(dd) Section 603.2, "Fuel modification," is repealed and reenacted to read as follows:
603.2 Fuel modification. New buildings and new structures constructed in compliance with the conforming defensible space category (moderate hazard, high hazard, or extreme hazard) as identified within the wildland urban interface area by the code official shall comply with the applicable fuel modification distance established in Table 603.2 or with fuel modification to the lot line, whichever is less. The distances specified in Table 603.2 shall be measured on a horizontal plane from the perimeter or projection of the building or structure as shown in Figure 603.2.
(ee) A new Section 603.2.4, "Noncombustible Zone," is added to read as follows:
603.2.4 Noncombustible Zone. New buildings and new structures shall have a noncombustible zone. Additions that are 200 square feet in floor area or greater shall have a noncombustible zone around the addition. New decks and expansions of decks shall have a noncombustible zone around the deck.
(ff) A new Section 603.2.5, "Fuels planted within defensible space," is added to read as follows:
603.2.5 Fuels planted within defensible space. The following requirements apply to new and existing plants in the area between 5 feet (1.5 m) from the building or structure and the property lot line, but not to exceed 30 feet (9.1 m) in width within the defensible space:
(1) For new buildings and new structures:
(A) New plants must be plants that are approved for this area within the wildland-urban interface area per the Boulder Approved Tree and Plant List;
(B) New trees must be planted such that there will be a distance of at least 10 feet between anticipated mature tree canopies of the applicable tree species;
(C) Existing juniper species shall be removed;
(D) Existing trees, other than junipers, that are not approved for this area within the wildland-urban interface area per the Boulder Approved Tree and Plant List shall be trimmed such that branches within 6 feet of the ground or the lowest one-third of the tree height, whichever is less, are removed; and
(E) New and existing plants near trees or structures shall be planted and trimmed to prevent tree and structure ignition by providing for at least 3 feet, vertically and horizontally, between any understory plantings and the edge of the nearest tree branches or 5 feet, vertically and horizontally, between any plantings and any structure.
(2) For additions 200 square feet in floor area or greater, new decks, and expansions to a deck, all new plants within the area that is between 5 feet (1.5 m) from the addition or deck and the property lot line, but not to exceed 30 feet (9.1 m) in width, within the defensible space:
(A) New plants must be approved for this area within the Wildland-Urban Interface area per the Boulder Approved Tree and Plant List; and
(B) New trees must be spaced such that there will be a distance of at least 10 feet between anticipated mature tree canopies of the applicable tree species.
(gg) A new Section 603.2.6, "Junipers," is added to read as follows:
603.2.6 Junipers. No species of Junipers (Juniperus spp) shall be planted.
(hh) The first sentence of Appendix C, "Fire Hazard Severity Form," is repealed and reenacted to read as follows:
The appendix may be used in place of Table 502.1 to determine the fire hazard severity.
Ordinance Nos. 7925 (2013); 7963 (2014); 8366 (2020); 8695 (2025); 8721 (2026)
