Section 107.1 Fees is hereby amended and shall read as follows: “A permit shall not be valid until all fees as prescribed in the Pitkin County Community Development Fee Ordinance that is in effect at the time of permit submittal are paid in full, nor shall an amendment to the permit be released until the additional fees, if any, have been paid.”
Section 107.5 Refunds is hereby amended and shall read as follows:
The building official shall authorize the refund for the full amount of any fee paid which was erroneously paid or collected. Not more than 80% of a permit fee paid may be refunded when no work has been done under a permit issued in accordance with this code. The building official shall not authorize refunding any fee paid except on written application filed by the original permittee not later than six months after the date of payment.
Refunds may be approved for up to 100% of a fee paid for REMP. No refund will be approved when requested more than 180 days after the Certificate of Occupancy or Letter of Completion is issued.
Section 109 Board of Appeals
109.1 General is deleted in its entirety and shall read as follows: Appeals shall be in accordance with Pitkin County Code Title 11, Chapter 11.04, Section 112.1.
Section 110 Liability: Repealed Ord. 014-2016 Reenacted Ord. No. 003-2019
The Building Official or his authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act or omission in the discharge of his duties.
This code shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damage to persons or property caused by defects on or in such premises, nor shall the code enforcement agency, any employee thereof, or Pitkin County be held as assuming any such responsibility or liability by reason of the adoption of this code or by the exercise of inspections authorized and carried out thereunder, or by the issuance of any permits or certificates issued pursuant to this code.
Section 301 Climate Zones shall be deleted in its entirety and shall read as follows:
“Pitkin County, Colorado shall use Climate Zone 7 in determining the applicable requirements from Chapters 4 and 5”.
Section 402.4 Air sealing and insulation is hereby amended and shall read as follows:
Building envelope air tightness and insulation installation shall be demonstrated to comply with the testing option section 402.4.2.1.
Section 402.4.2 Fireplaces is hereby amended and shall read as follows:
New wood-burning fireplaces and gas log fireplaces shall have gasketed doors and outdoor combustion air. Exception: Listed and Labeled automatic damper interlocked with a gas log set.
Section 402.4.3 Fireplaces is hereby amended and shall read as follows:
New wood-burning fireplaces and masonry gas log fireplaces shall have gasketed doors and outdoor combustion air.
Exception: Listed and labeled equipment installed per manufacturer’s instruction that meet the requirements for combustion air and heat loss through an automatic damper system.
“Appendix A”
“Residential Renewable Energy Mitigation Program”
The purpose of this Energy Addendum (Matrix) is to establish certain code requirements that address issues specific to this jurisdiction that are not already addressed in the currently adopted 2015 International Energy Conservation Code (IECC). These requirements include increased energy conservation measures to offset additional energy use and consumption in houses above a certain size or that contain large amounts of glazing. The Matrix also addresses energy upgrades in existing houses when feasible and removes certain exemptions found in the 2015 IECC. The Matrix also establishes certain minimum equipment efficiencies and renewable energy preparation requirements per Appendix RB of the 2015 IECC.
Section 101 Scope and Administration
Section 101.1 Scope All Residential and Commercial Residential (multi-family dwellings or the Residential portions of mixed use occupancy) buildings in Pitkin County shall be required to comply with the requirements of the Matrix as applicable.
Section 200 Definitions
Air Sealing (Leakage) The buildings thermal envelope shall be constructed to limit air leakage in accordance with the requirements of Section 402.4 (f) 2015 IECC
AFUE Annual Fuel Utilization Efficiency A measure of how efficiently your furnace can utilize its fuel. The more efficient your furnace, the more heat you will get per unit of fuel.
Commissioning Project commissioning is the process of assuring that all systems and components of a building or industrial plant are designed, installed, tested, operated, and maintained according to the operational requirements of the owner or final client.
Continuous Insulation (as defined by Section R202 2015 IECC)
ERI Energy Rating Index (as defined by Section 406.3 2015 IECC)
Glazing Windows, doors and skylights or other similar glass components
Home Energy Assessment (Home Energy Audit) A home energy audit is a service where the energy efficiency of a house is evaluated by a person using professional equipment (such as blower doors and infrared cameras), with the aim to suggest the best ways to improve energy efficiency in heating and cooling the house.
R-Value A measure of thermal resistance, or how well a material or series of materials resist the flow of heat. The R-value is the reciprocal of the U-factor.
Sustainable Construction Methods Using processes that are environmentally responsible and resourceefficient throughout a buildings construction.
Thermal Bridging A component, or assembly of components, in a building envelope through which heat is transferred at a substantially higher rate than through the surrounding envelop area.
U-Factor A measure of how well a material or series of materials conducts heat. U-factors for window and door assemblies are the reciprocal of the assembly R-value. The smaller the number, the less the heat flow.
Section 300 Application and Enforcement
Section 301 Submittal Requirements and Inspections 23
Section 301.2 Plan Submittal. Compliance with the Matrix shall be demonstrated by appropriate notations or details represented on the set of documents submitted to the Building Department for review, approval and issuance.
Section 301.2 Inspection Process. Compliance with the Matrix shall be demonstrated by review of the approved permit documents and field inspection of the indicated requirements.
(Ord. 99-61 (part); prior code Title VII S 9-4; Chapter 11.32 repealed/replaced Ord. 01-10; Chapter 11.32 amended (part) Ord. 030-10; Chapter 11.32 amended (part) Ord. 016-13; Ord. 003-2019 amended (part)
Section 101.1 Scope. Residential snowmelt, outside pool, or outside spa systems and equipment may be installed only if the supplemental energy meets the requirements of the Residential Renewable Energy Mitigation Program (RREMP) Appendix A. This applies to all installations for which an application for a permit or renewal of an existing permit is filed or is by law required to be filed with or without an associated Building Permit that include systems described in section 101.1.
Section 101.2 Residential Renewable Energy Mitigation Program (RREMP) Option – Exterior energy use for residential snowmelt systems, outdoor spas, and outdoor pools are calculated as directed by Section 201.
Section 101.2.1 The maximum area of snowmelt is capped at 6,000 square feet per parcel.
Exception: Residences with Ground Source Heat Pump (GSHP) systems complying with Section 301.3 are exempt from this cap.
Section 101.2.2 R-10 insulation shall be installed under all areas to be snowmelted. R-5 insulation may be used when the insulation extends up the sides of the slab.
Section 101.3 On-site Renewable Credits Option – Renewable credit options are calculated as directed by Section 301.
Section 102 Payment option. The RREMP payment option is the difference in energy use calculated in section 202 and on-site renewable credits calculated in section 302 and shall be paid at the time of issuance of the building permit. The payment, if any, is based on the amount of energy required, expressed as dollars per square foot, to operate the exterior energy use systems. No payment shall be made to an applicant that exceeds the energy use with on-site renewable credits. All monies collected pursuant to this section shall be recorded in a separate fund and shall be spent in accordance with a joint resolution by the Aspen City Council and Pitkin County Board of County Commissioners.
Section 103 Credits for on-site renewable energy. This RREMP payment option is voluntary. Applicants interested in exterior energy use systems can alternatively choose to produce on-site renewable energy (Section 301) with solar photovoltaics and/or solar hot water or micro-hydro. The energy efficient technology of ground source heat pumps is also permitted for supplemental on-site energy.
SECTION 104 PRE-EXISTING SYSTEMS
Pre-existing snowmelt, pools or spas Installed prior to Aspen Pitkin Energy Conservation Code (APECC adopted in 1995) which are being replaced, overhauled or renovated qualify for exterior energy credit. This credit can only be applied towards an installation of exterior energy on the same parcel. The calculation of the credit shall be based on section 301. The maximum allowable replacement credit shall be 6000 square feet of snowmelt (or 240,000,000 BTU’s). The replacement credit may be applied to other exterior energy consumption. Systems installed after the adoption of APECC 1995 without permit approval are not eligible for replacement credit and are subject to all applicable fees.
Section 105 - Residential repairs. Repairs to building components, systems, or equipment which do not increase their pre-existing energy consumption need not comply with RREMP. All replacement mechanical equipment shall be Energy Star© rated.
Section 106 Residential Renewable Energy Mitigation Program (RREMP) for houses 5,000 square feet and more. A new residence 5,000 sq ft or more in area (as defined by the building code), or a residence receiving an addition which brings the area of the residence to 5,000 sq ft or more, is required to offset a portion of its fossil fuel energy consumption through the use of on-site renewable energy or through a fee payment to REMP. Renewable energy systems installed for this requirement do not qualify for credit for exterior energy use.
Section 106.2 The on-site renewable energy requirement can be met by the installation of a two-kilowatt solar photovoltaic or equivalent renewable energy system. This requirement can alternatively be satisfied off-site by payment of a REMP fee as follows. The fee for buildings over 4,999 sq ft shall equal the floor area as defined by the building code. For example:
5,000 sq ft $5,000
8,255 sq ft $8,255
Section 201.1 Snowmelt energy consumption shall be calculated as a RREMP payment option at $34.00 per square foot divided by the boiler efficiency (AFUE).
Section 201.2 Outdoor pool energy use shall be calculated as a RREMP payment option at $136.00 per square foot divided by the boiler efficiency (AFUE).
Section 201.3 Spa energy use shall be calculated as a RREMP payment option at $176.00 per square foot
divided by the boiler efficiency (AFUE). Package spas not more than 64 square feet are exempt.
Section 202 The total RREMP payment option is the total sum of exterior energy use of sections 201.1, 201.2 and 201.3.
Section 301.1 Photovoltaic Systems – On-site renewable credit shall be calculated as $6,241.20 per 1 kilowatt of the system design. Solar electric (photovoltaic) systems tied to the electric grid, are eligible for on-site renewable credit. Systems must be sited, oriented and installed for solar electric panels to supply at least 90% of rated capacity of the installed KW. System designer/installer must be certified by COSEIA (Colorado Solar Energy Industries Association) or NABCEP, (North American Board of Certified Energy Practitioners).
Section 301.2 Solar Hot Water - On-site renewable credit shall be calculated as $224.65 per 1 square foot of the system design. The size of solar hot water systems is limited to 500 square feet of collector area.
Section 301.3 Ground Source Heat Pump - On-site renewable credit shall be calculated as $6.84 per 100,000 BTU per year of the system design. In order to use a GSHP for on-site renewable credit the GSHP system must supply at least 20% of the peak load for heating the house and all the exterior energy uses. Each ground source heat pump system shall be tested and balanced and the design engineer shall certify in writing that it meets a design coefficient of performance of 3.0 inclusive of source pump power.
The ground loop system must be designed by a CGD (Certified GeoExchange Designer certified by the Association of Energy Engineers) or a professional engineer with IGSHPA (International Ground Source Heat Pump Association). The mechanical system must be installed by a certified IGSHPA contractor.
Section 302 The total RREMP on-site renewable credit is the total sum of sections 301.1, 301.2 and 301.3.
PUBLIC DOMAIN SOFTWARE
Section 401 A free calculation program known as RREMP 2009 shall be made available to the public.
EXAMPLE CALCULATION FOR RESIDENTIAL RENEWABLE ENERGY MITIGATION PROGRAM
Snowmelt Example
(Snowmelt requested 800 sq. ft.)
$34.00*800/ .91 (efficiency rating of boiler) = $29,890.11
RREMP payment option for exterior energy use will be $29,890.11
ON-SITE RENEWABLE CREDITS
96 square feet of solar hot water panels*$224.65 per square foot = $21,566.24
RREMP payment option will be $8,323.87
OR
4.8 KW photovoltaic system *$6,241.20 per kilowatt = $29,957.76
RREMP payment option will be $0
“Appendix B” (added)
“Commercial Renewable Energy Mitigation Program”
Section 101.1 Scope. Commercial snowmelt, outside pool, or outside spa systems and equipment may be installed only if the supplemental energy meets the requirements of the Commercial Renewable Energy Mitigation Program (CREMP) Appendix B. This applies to all installations for which an application for a permit or renewal of an existing permit is filed or is by law required to be filed with or without an associated Building Permit that include systems described in section 101.1.
Section 101.2 Commercial Renewable Energy Mitigation Program (CREMP) Option – Exterior energy use for commercial snowmelt systems, outdoor spas, and outdoor pools are calculated as directed by Section 201.
Section 101.2.1 R-10 insulation shall be installed under all areas to be snow melted. R-5 insulation may be used when the insulation extends up the sides of the slab.
Section 101.3 On-site Renewable Credits Option – Renewable credit options are calculated as directed by Section 301.
SECTION 102 PAYMENT OPTION
The CREMP payment option is the difference in energy use calculated in section 202 and on-site renewable credits calculated in section 302 and shall be paid at the time of issuance of the building permit. The payment, if any, is based on the amount of energy required, expressed as dollars per square foot, to operate the exterior energy use systems. No payment shall be made to an applicant that exceeds the energy use with on-site renewable credits. All monies collected pursuant to this section shall be recorded in a separate fund and shall be spent in accordance with a joint resolution by the Aspen City Council and Pitkin County Board of County Commissioners.
SECTION 103 CREDITS FOR ON-SITE RENEWABLE ENERGY
This CREMP payment option is voluntary. Applicants interested in exterior energy use systems can alternatively choose to produce on-site renewable energy (Section 301) with solar photovoltaics and/or solar hot water or micro-hydro. The energy efficient technology of ground source heat pumps is also permitted for supplemental on-site energy.
SECTION 104 PRE-EXISTING SYSTEMS
Pre-existing snowmelt, pools or spas Installed prior to Aspen Pitkin Energy Conservation Code (APECC adopted in 1995) which are being replaced, overhauled or renovated qualify for exterior energy credit. This credit can only be applied towards an installation of exterior energy on the same parcel. The calculation of the credit shall be based on section 301. The maximum allowable replacement credit shall be 6000 square feet of snowmelt (or 240,000,000 BTU’s). The replacement credit may be applied to other exterior energy consumption. Systems installed after the adoption of APECC 1995 without permit approval are not eligible for replacement credit and are subject to all applicable fees.
SECTION 105 - COMMERCIAL REPAIRS
Repairs to building components, systems, or equipment which do not increase their pre-existing energy consumption need not comply with CREMP.
Section 201.1 Snowmelt energy consumption shall be calculated as a CREMP payment option at $60.00 per square foot divided by the boiler efficiency (AFUE) with the following exception:
Section 201.2 Outdoor pool energy use shall be calculated as a CREMP payment option at $170.00 per square foot divided by the boiler efficiency (AFUE).
Section 201.3 Spa energy use shall be calculated as a CREMP payment option at $176.00 per square foot divided by the boiler efficiency (AFUE). Package spas with not more than 64 square feet of water surface area are exempt.
Section 202 The total CREMP payment option is the total sum of exterior energy use of sections 201.1, 201.2 and 201.3.
Section 301.1 Photovoltaic Systems – On-site renewable credit shall be calculated as $6,241.20 per 1 kilowatt of the system design. Solar electric (photovoltaic) systems tied to the electric grid are eligible for on-site renewable credit. Systems must be sited, oriented and installed for solar electric panels to supply at least 90% of rated capacity of the installed KW. System designer/installer must be certified by COSEIA (Colorado Solar Energy Industries Association) or NABCEP (North American Board of Certified Energy Practitioners).
Section 301.2 Solar Hot Water - On-site renewable credit shall be calculated as $224.65 per 1 square foot of the system design. The size of solar hot water systems is limited to 500 square feet of collector area.
Section 301.3 Ground Source Heat Pump - On-site renewable credit shall be calculated as $6.84 per 100,000 BTU per year of the system design. In order to use a GSHP for on-site renewable credit the GSHP system must supply at least 20% of the peak load for heating the building and all the exterior energy uses. Each ground source heat pump system shall be tested and balanced and the design engineer shall certify in writing that it meets a design coefficient of performance of 3.0 exclusive of source pump power.
The ground loop system must be designed by a CGD (Certified GeoExchange Designer certified by the Association of Energy Engineers) or a professional engineer with IGSHPA (International Ground Source Heat Pump Association). The mechanical system must be installed by a certified IGSHPA contractor.
Section 302 The total CREMP on-site renewable credit is the total sum of sections 301.1, 301.2 and 301.3.
PUBLIC DOMAIN SOFTWARE
Section 401 A free calculation program known as CREMP 2009 shall be made available to the public.
EXAMPLE CALCULATION FOR COMMERCIAL RENEWABLE ENERGY MITIGATION PROGRAM
Snowmelt area 1200 sq. ft.
$60.00*1,200/.92 (efficiency rating of boiler) = $78,260.87
Pool area 700 sq. ft.
$170.00*700/.92(efficiency rating of boiler)= $119000.00
CREMP payment option for exterior energy use will be $222,913.04
ON-SITE RENEWABLE CREDITS
448 square feet of solar hot water panels*$224.65 per square foot = $100,642.44
20 KW photovoltaic system *$6,241.20 per kilowatt = $124,824.00
CREMP payment option will be $0
Add Section 403.81. to Section 403.8 Snow melt systems controls:
SECTION 501 Governmental Renewable Energy Mitigation Program (GREMP)
Local, State and Federal Government Buildings and Structures may be exempted from mitigation payments and offsets defined previously in this code for a percentage of the requested snowmelt when there is a demonstrated risk to public safety related to snow and ice removal.
The following items and any related documentation will be reviewed and evaluated to determine the potential exemption. A percentage of exempted area will be determined and any remaining requested snowmelt will need to be paid for or mitigated in the typical format. Upon receommendation by the Chief Building Official, a formal request will be compiled by the applicant and presented to the Board of County Commissioners for final approval at a regularly scheduled meeting.
501.1 An application for review and approval would include the following:
1. Demonstration and declaration that typical mitigation methods were researched and proven not feasible.
2. Demonstration that the public service being service provided by the entity applying offsets the energy consumption being requested in this application including any cumulative offset exemption requests for REMP mitigation.
3. Demonstration of safety risk to the General Public if exterior snowmelt is not installed including:
4. Demonstration that BTU’s saved through other means (existing equipment upgrades, envelope improvements, or other energy saving measures) translate to mitigation BTU’s for snowmelt credit. Examples include:
5. Demonstration that offsite mitigation alternatives have been considered at other offsite locations within Pitkin County for the installation of typical mitigation methods.
6. Other creative or innovative alternatives proposed by the applicant.
Upon review and recommendation by the Chief Building Official, areas associated with these buildings or structures that are critical to pedestrian ingress, egress, or life safety may, at the discretion of the Board of County Commissioners, be exempted from REMP payments for all or a portion of the area snowmelted. (Ord. 99-61 (part); prior code Title VII § 9-4); Chapter 11.32 repealed/replaced Ord. 001-10; Chapter 11.32 amended (part) Ord. 030-10) Chapter 11.32 amended (part) Ord. 016-13