Adoption of International Building Code With Modifications.
Boulder Revised Code 1981 § 10-5-2
in effect10-5-2. - Adoption of International Building Code With Modifications.
(a) The 2024 edition of the International Building Code of the International Code Council is hereby adopted by reference as the City of Boulder Building 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) The appendix chapters E "SUPPLEMENTARY ACCESSIBILITY REQUIREMENTS", I, "PATIO COVERS," J, "GRADING," and K, "ADMINISTRATIVE PROVISIONS," 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(c) Section 101.1, "Title," is repealed and reenacted to read: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 Building Code of the City of Boulder or building code, hereinafter referred to as "this code." Where other codes are referenced in this code, those code provisions shall not apply unless otherwise adopted by the City of Boulder. Where reference is made anywhere in this code to the "Department" or "Department of Building Safety," it shall have the same meaning as the "Division of Building Safety." Where reference is made anywhere in this code to the "International Energy Conservation Code," it shall have the same meaning as the "City of Boulder Energy Conservation Code."
(d) Section 101.4, "Referenced codes," is repealed and reenacted to read:
Chapter 1, "Administration," in this code shall also apply and serve as Chapter 1, "Administration," in the following codes: Chapter 10-2, "International Property Maintenance Code"; Chapter 10-5.5, "International Residential Code"; Chapter 10-5.6, "International Existing Building Code"; Chapter 10-7, "City of Boulder Energy Conservation Code"; Chapter 10-8.5, "International Wildland-Urban Interface Code"; Chapter 10-9, "International Mechanical Code"; Chapter 10-9.5, "International Fuel Gas Code"; Chapter 10-10, "International Plumbing Code," B.R.C. 1981. Where administrative provisions are expressly adopted, or adopted in an altered form, for use in those chapters, they shall supersede any conflicting provisions of the administrative provisions of this chapter.
The other codes listed in Sections 101.4.1 through 101.4.7 and referenced elsewhere in this code shall be considered as part of the requirements of this code as applicable.
(e) Section 102.6, "Existing structures," is amended by addition of the following:
Existing structures and their systems, equipment, devices, installations, and safeguards shall be maintained in proper operating conditions in accordance with the original design and in a safe and sanitary condition. Structures, their systems, equipment, devices, installations, and safeguards required by this code shall be maintained in compliance with the code in effect when they were installed. The owner or the owner's designated agent shall be responsible for the maintenance of the structures, their systems, equipment, devices, installations, and safeguards. To determine compliance with this provision, the city manager shall have authority to require a structure, equipment, system, device, installations, or safeguards to be reinspected.
(f) Section 103, "Code Compliance Agency," is repealed and reenacted to read:
103 Code Compliance Agency.
Code Compliance Agency means the administrative unit established by the city manager or the manager's delegates, and the personnel assigned to the unit by the manager.
(g) Section 104.8, "Liability," is repealed and reenacted to read:
104.8 Liability.
No employee of the city who enforces, attempts to enforce, or is authorized to enforce this 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 the enforcement or nonenforcement of this code. The city assumes no duty of care by virtue of the adoption of this 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 the requirements of this code. It is the duty of the person owning, controlling, or constructing any building or structure to ensure that the work is done in accordance with the requirements of this code, and it is such persons and not the city who are responsible for damages caused by negligent breach of such duty.
(h) A new Section 104.12 is added to read:
104.12 - Compliance with Federal and State Legislation.
The building official may modify for individual cases the provisions of this code to allow a design, installation, or construction 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 legislation, including but not limited to the Federal Fair Housing Act or the Americans with Disabilities Act, and the modification would be the minimum modification that provides relief.
(i) Reserved.
(j) Section 105.2, "Work exempt from permit," is repealed and reenacted to read:
105.2 Work exempt from permit. Exemptions from the building permit requirements of this code do not grant authorization for any work to be done in violation of the requirements of this code or any other laws or ordinances of the city. Building permits shall not be required for the following:
General:
1. One-story detached nonconditioned buildings accessory to a residential structure and not more than 120 square feet in area or ten feet in height and not being served by any electrical, mechanical, or plumbing fixtures or systems.
2. Fences not over 7 feet (2,134 mm) high.
3. Retaining walls which are not over 3 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or III-A flammable liquids.
4. Sidewalks and driveways not more than thirty inches above grade and not over any basement or story below and which are not part of an accessible route.
5. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.
6. Temporary motion picture, television, and theater stage sets and scenery.
7. Prefabricated swimming pools accessory to a Group R-3 occupancy which are less than 24 inches deep, do not exceed 5,000 gallons, and are installed entirely above ground.
8. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.
9. Swings and other playground equipment on private property or in a Common Interest Community as that is defined in C.R.S. Section 38-33.3-101, et seq. The equipment shall be in compliance with the consumer product safety commission guidance.
10. Window awnings in Group R and Group U occupancies supported entirely by an exterior wall and which do not project more than 54 inches from the exterior wall.
11. Moveable cases, counters and partitions not over 5 feet 9 inches in height.
12. Decks accessory to single-family homes or townhomes, not exceeding 200 square feet in area, that are not more than 30 inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4 of the IRC.
Electrical:
Minor repair and maintenance work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles, radio and television transmitting stations, temporary testing systems for the testing or servicing of electrical systems or apparatus and those items in Article 90.2 (B) of the electrical code.
Gas:
1. Portable heating appliances.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance, portable cooling unit, portable evaporative cooler, or portable ventilation equipment.
2. Steam, hot, or chilled water piping within any heating or cooling equipment regulated by this code.
3. Replacement of any part which does not alter an approval or listing or make any appliance or equipment unsafe.
4. Self-contained refrigeration system containing ten pounds (4.54 kg) or less of refrigerant and actuated by motors of one horsepower (746 W) or less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste, or vent pipe; provided, however, that if any concealed trap, drain pipe, water, soil, waste, or vent pipe becomes defective and it becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures, and the replacement of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves or pipes.
(k) A paragraph is added to Section 105.3.1, "Action on application," to read:
No building permit shall be issued until approved by every department of the city or Boulder County that has applicable regulations, including, without limitation, the following departments: building, flood control, utilities, wastewater, health, fire, engineering, zoning, planning, parks, and city clerk.
(l) Section 105.3.2, "Time limitation of application," is repealed and reenacted to read:
105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith, or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing before the expiration date and justifiable cause demonstrated.
(m) Section 105.5, "Expiration," is repealed and reenacted to read:
105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within one hundred eighty days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of one hundred eighty days after the time the work is commenced. The building official is authorized to grant in writing one or more extensions of time for periods not more than one hundred eighty days each. The extension shall be requested in writing and justifiable cause demonstrated. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not completed and approved for occupancy within three years from the date the permit was issued. The permit fee for renewals may be prorated based on the amount of work completed and approved under the previous permit.
(n) Section 107.1, "General," is repealed and reenacted to read:
107.1 General. An applicant for a building permit shall submit, in digital format, plans and specifications with each application when required by the building official for enforcement of any provisions of this code. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional for any work.
(1) A professional engineer or architect registered in the State of Colorado shall prepare the plans and specifications for and observe the construction of all buildings except for the following:
(a) Detached dwellings intended solely for private use, occupancy, or resale, including accessory buildings commonly associated with the same;
(b) Farm buildings and buildings for the marketing, storage, or processing of farm products;
(c) Minor additions, alterations, or repairs to the foregoing buildings that do not cause the completed buildings to exceed the applicable limitations herein set forth; or
(d) Nonstructural alterations of any nature to any building if such alterations do not affect the safety of the building.
(2) Drawings and specifications for footings and foundations shall bear the seal and signature of a professional engineer registered in Colorado or an architect licensed in Colorado and be designed as specified in Chapter 18 of the building code for all occupancies.
Exceptions:
(a) Detached structures not intended for human occupancy;
(b) Additions to existing detached dwellings not exceeding 200 square feet where the existing foundation is found to be performing adequately without evidence of excessive settling or heaving.
(o) Section 107.3.2, "Previous approvals," is amended to read:
107.3.2 Previous approvals. This code shall not require changes in the construction documents, construction or designated occupancy of a structure for which a lawful permit has heretofore been issued or otherwise lawfully authorized, and the constraints of which have been pursued in good faith within one hundred eighty days after the effective date of this code and has not been abandoned. No person shall fail to comply with all of the conditions of such a building permit and the provisions of the building code under which such building permit has been issued.
(p) Section 109.3, "Building permit valuations," is repealed and reenacted to read:
109.3 Building permit valuation. The valuation for buildings shall be as set forth in Subsections 4-20-4(d) and (e), B.R.C. 1981.
(q) Section 113, "Means of Appeals," is repealed and reenacted to read:
113 Appeals and advisory opinions.
(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) A person refused a building permit or refused approval of work done under a permit on the grounds that the proposed or completed construction fails to comply with this code or any other city building code other than the fire code may appeal the decision on the ground that:
(1) The denial was based on an error in fact or an erroneous interpretation of such code by the Building Official;
(2) The Building Official has erroneously failed to approve an alternate material or method pursuant to Section 104.2.3 prior to its installation or use. In determining such an appeal, the board or hearing officer shall apply the standards of Section 104.2.3, but the board or hearing officer shall have no jurisdiction to consider if a material or method expressly prohibited by this code is an acceptable alternative;
(3) The Building Official has erroneously failed to grant a modification pursuant to Section 104.2.4 prior to its installation. In determining such an appeal, the board or hearing officer shall apply the standards of Section 104.2.4;
(4) The Building Official has erroneously failed to approve an alternative design pursuant to Section K105 prior to its installation or use. In determining such an appeal, the board or hearing officer shall apply the standards of Section K105, but the board or hearing officer shall have no jurisdiction to consider if a design expressly prohibited by this code is an acceptable alternative; or
(5) The Building Official has the burden of proof under paragraph (1). The appellant has the burden of proof on appeals brought pursuant to paragraphs (2), (3), and (4). The board or hearing officer shall determine the appeal and decide whether the Building Official's interpretation or application of such code was correct or in error at a hearing under the procedures described by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981.
(c) Any person whose building permit or certificate of occupancy or certificate of completion has been suspended or revoked may appeal such action by the Building Official on the grounds that the suspension or revocation was based on an error in fact or an erroneous application of this code to the facts. The manager has the burden of proving the facts upon which the Building Official relies at such a hearing.
(d) An application for appeal must be filed in writing with the Building Official within fourteen days after the date of refusal of the building permit or approval of work performed under the permit or revocation or suspension of the building permit or certificate of occupancy or certificate of completion stating the basis for appeal.
(e) 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.
(f) The Building Official 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 104.2.3 or 104.2.4 of the Building Code.
(g) 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.
(r) Section 114, "Violations," is repealed and reenacted to read:
114 Violations.
(a) General Provisions.
(1) 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. 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 any permit, certificate, or other approval issued under this code, or of any directive of the building official.
(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 city manager 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.
(b) Administrative Procedures and Remedies.
(1) If the city manager finds that a violation of any provision of this code or 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) of this section; or
(D) Issue an order reasonably calculated to ensure compliance with the provisions of this code or any approval granted under this code.
(E) Assess a $250 fee if the city manager performed an investigative inspection to ascertain compliance with or violations of this title that is directly related to the finding of the violation.
(2) Prior to the hearing, the manager may issue an order that no person shall perform any work on any structure or land, except to correct any violation found by the manager to exist with respect to such structure or land.
(3) If notice is given to the manager 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 manager will reinspect the structure or land. If the manager 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 manager 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 city manager 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 manager 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 officer of the Boulder County Clerk and Recorder against the title to the land. In addition to all other remedies and actions that the manager 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 manager 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 manager.
(s) Section 116.1, "Unsafe Conditions," is repealed and reenacted to read:
116.1 Unsafe Conditions. Premises, structures, or existing equipment that are or hereafter become unsafe, insanitary, or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe premises shall be made safe and unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.
(t) Section 116.3, "Notice," is repealed and reenacted to read:
116.3 Notice. If an unsafe condition is found, the building official shall serve on the owner, agent, or person in control of the structure or premises, a written notice that describes the condition deemed unsafe and specifies the required repairs, improvements, or modifications to be made to abate the unsafe condition, or that requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the building official acceptance or rejection of the terms of the order.
(u) The last two sentences of Section 116.4, "Method of service," are amended to read as follows:
If the certified or registered letter is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place on the premises or 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 premises or structure shall constitute service of notice upon the owner.
(v) Section 116.5, "Restoration or abatement," is amended by adding the following sentence:
The abatement of an unsafe condition of premises shall comply with the requirements of this code.
(w) Section 202, "Definitions," is amended by the addition of the following new definitions:
ALL GENDER TOILET FACILITY. A toilet facility consisting of multiple water closet compartments and associated lavatories which serve all genders.
PERMIT ISSUANCE is the date that the approved building permit is paid for and received back from the Building Official by the applicant or a representative of the applicant.
(x) A new Subsection 9 is added to Section 708.1, "General," to read:
9. Walls separating marijuana growing, processing, and dispensing occupancies from adjacent occupancies.
(y) A paragraph is added to Section (F) 903.2, "Where required," to read:
The maximum fire area without an automatic sprinkler system shall be determined by Section 903.2 of the fire code.
(z) Section 1505.1, "General," is repealed and reenacted to read:
1505.1 General. All roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM Standard E 108 or UL Standard 790. Class A roofs and the exceptions noted in Section 1505.3 for class B roofs as described in this Chapter 15 are the only roof assemblies and roof coverings allowed to be installed on any new or existing building within the City of Boulder. Wood shakes, wood shingles, and wood roof covering materials are prohibited except as provided in Section 10-5-5, "Wood Roof Covering Materials Prohibited," B.R.C. 1981, for certain minimal repairs.
(aa) Section 1608.2, "Ground snow loads," is repealed and reenacted to read:
(bb) Section 1609.3, "Basic design wind speed," is amended by adding the following sentence:
The basic design wind speed, V, in mph, for the determination of wind loads shall be determined by Table 1609.3. based on the wind zone and building risk category.
(cc) Sections 1612.2, 1612.3 and 1612.4 are repealed.
(dd) Section 1705, "Required Special Inspections and Tests," is amended by adding the following subsection:
1705.19 Special inspection for medical gas systems. Medical gas systems shall be tested as detailed in Chapter 12, "Special Piping and Storage Systems," of the City of Boulder Plumbing Code.
(ee) A new exception 7 is added to Section 2902.2, Separate Facilities:
7. Separate facilities are not required when multiple fixture all gender facilities are provided. Multiple fixture all gender facilities are not required; they are an alternative to be determined by the property owner or the owners' agent.
(ff) Section J103, "Permits required," of Appendix J, "GRADING," is amended by adding the following subsections:
J103.3 Compliance with code and permit requirements. No person shall fail to perform and no property owner shall fail to perform or fail to cause the performance of all grading in compliance with this code, the Boulder Revised Code, and the conditions of the grading permit.
J103.4 No adverse effects. No person shall perform and no property owner shall perform or fail to prevent any grading that adversely affects the property of another without first obtaining the consent of the owner of such property.
J103.5 Unsafe premises. No person shall perform and no property owner shall perform or fail to prevent grading that results in any premises that are unsafe. For purposes of this Appendix J, premises are considered unsafe if they are found to be dangerous to life, health, property, or the safety of the public.
J103.6 Abatement of unsafe premises. If the city manager determines that grading is not performed in accordance with the law and resulted in unsafe premises, the city may notify the owner of the unsafe premises, agent, or other person in control of the premises in accordance with Section 116.3 of this code. If the person so notified fails to abate the unsafe condition as required by the notice, the manager may enter the property, pursuant to an administrative warrant issued by the municipal court and abate the unsafe condition. The manager may collect the full cost of the abatement and any expense to the city related to the abatement against the property owner, agent, or other person in control of the premises, and against the financial guarantee provided under Subsection J103.7. The permit holder, property owner, and guarantor shall be jointly and severally liable for such costs and expenses. If the property owner fails or refuses to pay when due any charge imposed under this subsection, the manager may certify due and unpaid charges, including interest, to the Boulder County Treasurer for collection, as provided in Section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981.
J103.7 Financial guarantee. Prior to the issuance of a permit under this Appendix J, "GRADING," for any work on steep slope lots with a 15 percent or greater slope and on any projects with a cut, fill, or excavation of ten feet or more, or cut, fill, or excavation less than two feet from the property line, the permittee or property owner shall provide a financial security in the form of a performance bond or other form of guarantee approved by the city manager that will satisfy the objectives of this subsection, for the benefit of the city to secure the abatement of an unsafe condition of any premises that may result from grading work. The performance bond or other financial guarantee shall be provided for a period of two years following the expiration of the permit and shall be for $10,000 for construction costs less than $10,000 and for the value of the project permit for construction costs greater than $10,000. At the time of permit application, the permittee shall submit documentation of the project costs, subject to review and approval by the manager. A bond shall be issued by a company licensed to do business in Colorado and shall be in a form acceptable to the city attorney. The manager shall review the performance bond or other financial guarantee annually to assure that it meets the term requirements and the full current cost of the completion of the work that is guaranteed and may require the permittee to augment the performance bond or other financial guarantee amount to meet such costs.
(gg) A new Chapter 36 is added to read:
CHAPTER 36. COMMERCIAL CONSTRUCTION WASTE RECYCLING.
3601.1 Commercial construction recycling requirement. An applicant for a building permit to construct a new building shall demonstrate all recyclable wood, metal and cardboard materials were donated, reused or recycled.
3601.1.1 Reporting. Within sixty days following the completion of the project and prior to final inspection, the applicant shall submit documentation to the city manager which proves that all recyclable wood, metal and cardboard was donated, reused, or recycled. The documentation shall consist of a final completed waste diversion report in a form as prescribed by the city manager showing the tonnage of materials salvaged for recycling and reuse, supported by original weight receipts or other waste documentation that reasonably verifies that materials generated from the site have been accepted for recycling, reuse, salvage or otherwise diverted. For construction debris for which weighing is not practical due to size, lack of scales at the facility, or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates established by the city manager.
3601.2 Commercial deconstruction waste recycling. An applicant for a full demolition shall adhere to the requirements of Sections 3601.2.1 through 3601.2.5.
3601.2.1 Diversion requirements. The applicant shall divert from landfills at least seventy-five percent of the waste tonnage of demolition debris generated from the project by using recycling, reuse, and diversion programs. The city manager may modify this requirement if the applicant demonstrates it is unfeasible as set forth in Section 3601.2.2. The materials diverted must also include at least three of the material types set forth in the deconstruction plan form established by the city manager.
3601.2.2 Information required before issuance of demolition permit. The applicant shall submit a properly completed deconstruction plan in a form as established by the city manager. The applicant must propose to divert at least three of the material types identified by the city manager in the deconstruction plan form. No building permit or demolition permit shall be issued prior to the approval of the deconstruction plan by the city manager. In estimating the volume or weight of materials identified in the deconstruction plan, the applicant shall use the standardized conversion rates established by the city manager. The city manager may modify the required diversion percentage if the applicant demonstrates in the deconstruction plan that the percentage is not feasible because the maximum weight of materials that can be reused or recycled is less than the required diversion rate, or due to the presence of materials that are unable to be diverted due to special waste conditions such as environmental hazards.
3601.2.3 Administrative fee and deposit required. Prior to issuance of a permit for a full demolition or level 4 alteration as defined in the 2024 City of Boulder Energy Conservation Code, the applicant shall post a cash deposit and pay the administrative fee described in Section 4-20-72, B.R.C. 1981. The cash deposit shall be one dollar per square foot of the demolition or work area of the alteration as identified in the permit application, or $1,500, whichever is greater.
3601.2.4 Reporting. Within sixty days following the completion of the demolition, the applicant shall submit documentation to the city which proves compliance with the requirements of Sections 3601.2.1 and 3601.2.2. The documentation shall consist of a final completed waste diversion report in a form established by the city manager showing the tonnage of materials salvaged for recycling and reuse, supported by original weight receipts or other waste documentation that reasonably verifies that materials generated from the site have been accepted for recycling, reuse, salvage or otherwise diverted at the required diversion percentage. The documentation shall further demonstrate that the diverted materials include at least three material types. For demolition debris for which weighing is not practical due to size, lack of scales at facility, or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates established by the city manager.
3601.2.5 Deposit refunded or forfeited. No applicant shall fail to comply with Sections 3601.2.1 through 3601.2.4. The deposit shall be refunded to the applicant in proportion to the ratio of the actual diversion rate to the required diversion rate. If the required diversion percentage is not fully complied with, the remainder of the deposit shall be forfeited to the city as a civil penalty for failure to comply with the requirements of this chapter, after notice and an opportunity for hearing under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. The city manager may adjust the amount of the refund or forfeiture where the applicant demonstrates that the required diversion percentage was not feasible based on the factors identified in Section 3601.2.2 for modification of the diversion percentage. The forfeiture remedy is cumulative and is in addition to any other action the city manager is authorized to take, including suspension or revocation of a building contractor license or prosecution in the municipal court. Each 2,500 square feet of the demolition or alteration shall give rise to a separate violation, and each violation is subject to a maximum fine of $2,500.
(hh) A new Chapter 99 is added to the Building Code to read:
CHAPTER 99. FENCES AND WALLS.
9901. Definitions.
(1) As used herein, the term "wall" means a freestanding structure such as a fence or retaining wall.
(2) As used herein and in Section 9-9-15, "Fences and Walls," B.R.C. 1981, the term "finished grade" means the top surfaces of lawns, walks, drives, or other improved surfaces after completion of construction or grading operations but not including vegetation growing on the surface.
(3) For purposes of determining the maximum height allowable for any fence or wall other than wind load height as specified in subsection (4) of this section, refer to Section 9-9-15, "Fences and Walls," B.R.C. 1981, and the diagram below.
B.R.C. 9-9-15(c), Figure #19.
(4) For purposes of determining the maximum height allowable for any fence or wall other than wind load height as specified in subsection (4) of this section, refer to Section 9-9-15, "Fences and Walls," B.R.C. 1981, and the diagram below:
B.R.C. 9-9-15(c), Figure #20.
(5) Nothing in this section is intended to prohibit the installation of a guardrail for safety purposes which otherwise conforms to the requirements of this code.
9902. All fences and walls hereafter installed in the City shall comply with Section 9-9-15, "Fences and Walls," B.R.C. 1981, and the following provisions:
(1) All fences and walls thirty-six inches high and lower shall have a wind load design of ten pounds per square foot or shall conform to paragraph (3) of this section.
(2) All fences and walls thirty-seven through eighty-four inches high shall have a wind load design of twenty pounds per square foot or shall conform to paragraph (3) of this section.
(3) As an alternative to the requirements of paragraphs (1) or (2), a wood fence that does not exceed seven feet in height may be installed if the following requirements are met:
(a) All posts shall be at least four-inch by four-inch timber or two-inch Schedule 40 pipe and shall be set at least twenty-four inches in the ground in concrete;
(b) All wood below grade shall be cedar, redwood, or penta pressure treated fir;
(c) Post spacing shall be arranged so that the area of the fence between posts does not exceed 30 square feet;
(d) Wood fencing more than fifty percent open may exceed the 30-square-foot post spacing requirements if designed for a ten-pound wind load.
(4) Chain link fences. On all chain link fences, the fence posts shall be at least one- and one-half-inch diameter pipe, and shall be set at least twenty-four inches in the ground in concrete.
(5) For the purpose of minimizing traffic hazards at street intersections by improving visibility for converging vehicles, obstructions higher than thirty inches above the adjacent top or curb elevation are not permitted to be planted, placed, or erected on any corner lot within the triangular portion of land designated as "Restricted Area" in the figure below or on the adjacent right of way:
B.R.C. 9-9-7, Figure #17.
(6) Where permitted, fences exceeding seven feet in height shall conform to the zoning requirements for accessory structures.
Ordinance Nos. 4984 (1986); 5125 (1988); 5177 (1989); 5493 (1992); 5562 (1993); 5572 (1993); 5645 (1994); 5781 (1996); 5891 (1997); 6053 (1999); 7141 (2001); 7566 (2007); 7622 (2008); 7697 (2009); 7760 (2010); 7831 (2012); 7925 (2013); 7963 (2014); 8209 (2017); 8366 (2020); 8629 (2024); 8684 (2025); 8745 (2026)
(bb) Section 1609.3, "Basic design wind speed," is amended by adding the following sentence:
The basic design wind speed, V, in mph, for the determination of wind loads shall be determined by Table 1609.3. based on the wind zone and building risk category.
(cc) Sections 1612.2, 1612.3 and 1612.4 are repealed.
(dd) Section 1705, "Required Special Inspections and Tests," is amended by adding the following subsection:
1705.19 Special inspection for medical gas systems. Medical gas systems shall be tested as detailed in Chapter 12, "Special Piping and Storage Systems," of the City of Boulder Plumbing Code.
(ee) A new exception 7 is added to Section 2902.2, Separate Facilities:
7. Separate facilities are not required when multiple fixture all gender facilities are provided. Multiple fixture all gender facilities are not required; they are an alternative to be determined by the property owner or the owners' agent.
(ff) Section J103, "Permits required," of Appendix J, "GRADING," is amended by adding the following subsections:
J103.3 Compliance with code and permit requirements. No person shall fail to perform and no property owner shall fail to perform or fail to cause the performance of all grading in compliance with this code, the Boulder Revised Code, and the conditions of the grading permit.
J103.4 No adverse effects. No person shall perform and no property owner shall perform or fail to prevent any grading that adversely affects the property of another without first obtaining the consent of the owner of such property.
J103.5 Unsafe premises. No person shall perform and no property owner shall perform or fail to prevent grading that results in any premises that are unsafe. For purposes of this Appendix J, premises are considered unsafe if they are found to be dangerous to life, health, property, or the safety of the public.
J103.6 Abatement of unsafe premises. If the city manager determines that grading is not performed in accordance with the law and resulted in unsafe premises, the city may notify the owner of the unsafe premises, agent, or other person in control of the premises in accordance with Section 116.3 of this code. If the person so notified fails to abate the unsafe condition as required by the notice, the manager may enter the property, pursuant to an administrative warrant issued by the municipal court and abate the unsafe condition. The manager may collect the full cost of the abatement and any expense to the city related to the abatement against the property owner, agent, or other person in control of the premises, and against the financial guarantee provided under Subsection J103.7. The permit holder, property owner, and guarantor shall be jointly and severally liable for such costs and expenses. If the property owner fails or refuses to pay when due any charge imposed under this subsection, the manager may certify due and unpaid charges, including interest, to the Boulder County Treasurer for collection, as provided in Section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981.
J103.7 Financial guarantee. Prior to the issuance of a permit under this Appendix J, "GRADING," for any work on steep slope lots with a 15 percent or greater slope and on any projects with a cut, fill, or excavation of ten feet or more, or cut, fill, or excavation less than two feet from the property line, the permittee or property owner shall provide a financial security in the form of a performance bond or other form of guarantee approved by the city manager that will satisfy the objectives of this subsection, for the benefit of the city to secure the abatement of an unsafe condition of any premises that may result from grading work. The performance bond or other financial guarantee shall be provided for a period of two years following the expiration of the permit and shall be for $10,000 for construction costs less than $10,000 and for the value of the project permit for construction costs greater than $10,000. At the time of permit application, the permittee shall submit documentation of the project costs, subject to review and approval by the manager. A bond shall be issued by a company licensed to do business in Colorado and shall be in a form acceptable to the city attorney. The manager shall review the performance bond or other financial guarantee annually to assure that it meets the term requirements and the full current cost of the completion of the work that is guaranteed and may require the permittee to augment the performance bond or other financial guarantee amount to meet such costs.
(gg) A new Chapter 36 is added to read:
CHAPTER 36. COMMERCIAL CONSTRUCTION WASTE RECYCLING.
3601.1 Commercial construction recycling requirement. An applicant for a building permit to construct a new building shall demonstrate all recyclable wood, metal and cardboard materials were donated, reused or recycled.
3601.1.1 Reporting. Within sixty days following the completion of the project and prior to final inspection, the applicant shall submit documentation to the city manager which proves that all recyclable wood, metal and cardboard was donated, reused, or recycled. The documentation shall consist of a final completed waste diversion report in a form as prescribed by the city manager showing the tonnage of materials salvaged for recycling and reuse, supported by original weight receipts or other waste documentation that reasonably verifies that materials generated from the site have been accepted for recycling, reuse, salvage or otherwise diverted. For construction debris for which weighing is not practical due to size, lack of scales at the facility, or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates established by the city manager.
3601.2 Commercial deconstruction waste recycling. An applicant for a full demolition shall adhere to the requirements of Sections 3601.2.1 through 3601.2.5.
3601.2.1 Diversion requirements. The applicant shall divert from landfills at least seventy-five percent of the waste tonnage of demolition debris generated from the project by using recycling, reuse, and diversion programs. The city manager may modify this requirement if the applicant demonstrates it is unfeasible as set forth in Section 3601.2.2. The materials diverted must also include at least three of the material types set forth in the deconstruction plan form established by the city manager.
3601.2.2 Information required before issuance of demolition permit. The applicant shall submit a properly completed deconstruction plan in a form as established by the city manager. The applicant must propose to divert at least three of the material types identified by the city manager in the deconstruction plan form. No building permit or demolition permit shall be issued prior to the approval of the deconstruction plan by the city manager. In estimating the volume or weight of materials identified in the deconstruction plan, the applicant shall use the standardized conversion rates established by the city manager. The city manager may modify the required diversion percentage if the applicant demonstrates in the deconstruction plan that the percentage is not feasible because the maximum weight of materials that can be reused or recycled is less than the required diversion rate, or due to the presence of materials that are unable to be diverted due to special waste conditions such as environmental hazards.
3601.2.3 Administrative fee and deposit required. Prior to issuance of a permit for a full demolition or level 4 alteration as defined in the 2024 City of Boulder Energy Conservation Code, the applicant shall post a cash deposit and pay the administrative fee described in Section 4-20-72, B.R.C. 1981. The cash deposit shall be one dollar per square foot of the demolition or work area of the alteration as identified in the permit application, or $1,500, whichever is greater.
3601.2.4 Reporting. Within sixty days following the completion of the demolition, the applicant shall submit documentation to the city which proves compliance with the requirements of Sections 3601.2.1 and 3601.2.2. The documentation shall consist of a final completed waste diversion report in a form established by the city manager showing the tonnage of materials salvaged for recycling and reuse, supported by original weight receipts or other waste documentation that reasonably verifies that materials generated from the site have been accepted for recycling, reuse, salvage or otherwise diverted at the required diversion percentage. The documentation shall further demonstrate that the diverted materials include at least three material types. For demolition debris for which weighing is not practical due to size, lack of scales at facility, or other considerations, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates established by the city manager.
3601.2.5 Deposit refunded or forfeited. No applicant shall fail to comply with Sections 3601.2.1 through 3601.2.4. The deposit shall be refunded to the applicant in proportion to the ratio of the actual diversion rate to the required diversion rate. If the required diversion percentage is not fully complied with, the remainder of the deposit shall be forfeited to the city as a civil penalty for failure to comply with the requirements of this chapter, after notice and an opportunity for hearing under the procedures prescribed by Chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. The city manager may adjust the amount of the refund or forfeiture where the applicant demonstrates that the required diversion percentage was not feasible based on the factors identified in Section 3601.2.2 for modification of the diversion percentage. The forfeiture remedy is cumulative and is in addition to any other action the city manager is authorized to take, including suspension or revocation of a building contractor license or prosecution in the municipal court. Each 2,500 square feet of the demolition or alteration shall give rise to a separate violation, and each violation is subject to a maximum fine of $2,500.
(hh) A new Chapter 99 is added to the Building Code to read:
CHAPTER 99. FENCES AND WALLS.
9901. Definitions.
(1) As used herein, the term "wall" means a freestanding structure such as a fence or retaining wall.
(2) As used herein and in Section 9-9-15, "Fences and Walls," B.R.C. 1981, the term "finished grade" means the top surfaces of lawns, walks, drives, or other improved surfaces after completion of construction or grading operations but not including vegetation growing on the surface.
(3) For purposes of determining the maximum height allowable for any fence or wall other than wind load height as specified in subsection (4) of this section, refer to Section 9-9-15, "Fences and Walls," B.R.C. 1981, and the diagram below.
B.R.C. 9-9-15(c), Figure #19.
(4) For purposes of determining the maximum height allowable for any fence or wall other than wind load height as specified in subsection (4) of this section, refer to Section 9-9-15, "Fences and Walls," B.R.C. 1981, and the diagram below:
B.R.C. 9-9-15(c), Figure #20.
(5) Nothing in this section is intended to prohibit the installation of a guardrail for safety purposes which otherwise conforms to the requirements of this code.
9902. All fences and walls hereafter installed in the City shall comply with Section 9-9-15, "Fences and Walls," B.R.C. 1981, and the following provisions:
(1) All fences and walls thirty-six inches high and lower shall have a wind load design of ten pounds per square foot or shall conform to paragraph (3) of this section.
(2) All fences and walls thirty-seven through eighty-four inches high shall have a wind load design of twenty pounds per square foot or shall conform to paragraph (3) of this section.
(3) As an alternative to the requirements of paragraphs (1) or (2), a wood fence that does not exceed seven feet in height may be installed if the following requirements are met:
(a) All posts shall be at least four-inch by four-inch timber or two-inch Schedule 40 pipe and shall be set at least twenty-four inches in the ground in concrete;
(b) All wood below grade shall be cedar, redwood, or penta pressure treated fir;
(c) Post spacing shall be arranged so that the area of the fence between posts does not exceed 30 square feet;
(d) Wood fencing more than fifty percent open may exceed the 30-square-foot post spacing requirements if designed for a ten-pound wind load.
(4) Chain link fences. On all chain link fences, the fence posts shall be at least one- and one-half-inch diameter pipe, and shall be set at least twenty-four inches in the ground in concrete.
(5) For the purpose of minimizing traffic hazards at street intersections by improving visibility for converging vehicles, obstructions higher than thirty inches above the adjacent top or curb elevation are not permitted to be planted, placed, or erected on any corner lot within the triangular portion of land designated as "Restricted Area" in the figure below or on the adjacent right of way:
B.R.C. 9-9-7, Figure #17.
(6) Where permitted, fences exceeding seven feet in height shall conform to the zoning requirements for accessory structures.
Ordinance Nos. 4984 (1986); 5125 (1988); 5177 (1989); 5493 (1992); 5562 (1993); 5572 (1993); 5645 (1994); 5781 (1996); 5891 (1997); 6053 (1999); 7141 (2001); 7566 (2007); 7622 (2008); 7697 (2009); 7760 (2010); 7831 (2012); 7925 (2013); 7963 (2014); 8209 (2017); 8366 (2020); 8629 (2024); 8684 (2025); 8745 (2026)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_CH5BUCO_10-5-2ADINBUCOMOFetched: 11/14/2026