C.R.S. Section 30-28-211
Energy efficient building codes

  • legislative declaration
  • definitions

(1)

The general assembly hereby finds and declares that there is statewide interest in requiring an effective energy efficient building code for the following reasons:

(a)

Excessive energy consumption creates effects beyond the boundaries of the local government within which the energy is consumed because the production of power occurs in centralized locations.

(b)

Air pollutant emissions from energy consumption affect the health of the citizens throughout Colorado.

(c)

The strain on the grid from peak electric power demands is not confined to jurisdictional boundaries.

(d)

There is statewide interest in the reliability of the electrical grid and an adequate supply of heating oil and natural gas.

(e)

Controlling energy costs for residents and businesses furthers a statewide interest in a strong economy and reducing the total cost of housing in Colorado.

(f)

More recent energy codes are more effective at ensuring building durability and structural integrity and protecting public health and safety through better:

(I)

Moisture management to prevent mold, mildew, and rot;

(II)

Airflow management; and

(III)

Protection during severe weather.

(g)

More recent energy codes incorporate newer building technologies, techniques, and materials and offer more options for builders.

(h)

Businesses and residents in low-income communities and rural areas of the state deserve at least the same durability, health and safety, and energy cost savings from energy efficient buildings as those in wealthier, urban, and suburban areas of the state.

(i)

Highly energy efficient homes and buildings can reduce energy use and help consumers save money on energy bills.

(j)

Highly energy efficient and low-carbon new homes and buildings are critical for meeting the greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g).

(2)

As used in this section, unless the context otherwise requires:

(a)

“Building code” means regulations related to energy performance, electrical systems, mechanical systems, plumbing systems, or other elements of residential or commercial buildings.

(a.5)

“Colorado plumbing code” has the meaning set forth in section 12-155-103 (5).

(a.8)

“Elevator and escalator code” means the rules adopted in accordance with section 9-5.5-112.

(b)

“Energy code” means a subset of building codes related to the total energy performance and carbon emissions of residential and commercial buildings.

(b.5)

“International energy conservation code” means the energy code published by the international code council or a successor organization.

(b.8)

“National electrical code” has the meaning set forth in section 12-115-103 (8).

(c)

“Office” means the Colorado energy office created in section 24-38.5-101, C.R.S.

(3)

Every board of county commissioners that has adopted and enforced one or more building codes, or that adopts and enforces one or more building codes after July 1, 2022, shall adopt and enforce an energy code that applies to the construction of, and major renovations and additions to, all commercial and residential buildings as required by the energy code in the county to which the building code applies.

(3.5)

Intentionally left blank —Ed.

(a)

A board of county commissioners that has adopted and enforced one or more building codes, and that updates one or more building codes on or after July 1, 2023, and before July 1, 2026, shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5) at the same time other building codes are updated.

(b)

A board of county commissioners that has adopted and enforced one or more building codes, and that updates one or more building codes on or after July 1, 2026, shall adopt and begin enforcing an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6) at the same time other building codes are updated.

(c)

Intentionally left blank —Ed.

(I)

Notwithstanding subsections (3.5)(a) and (3.5)(b) of this section, a board of county commissioners representing a rural county is required to adopt and enforce an energy code that achieves equivalent or better energy performance than one of the last three most recent editions of the international energy conservation code rather than either an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language identified for adoption by the energy code board pursuant to section 24-38.5-401 (5) or an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code identified for adoption by the energy code board pursuant to section 24-38.5-401 (6) if, while the grant program established pursuant to section 24-38.5-403 is accepting applications, the board of county commissioners applies for and is not awarded a grant that significantly assists in energy code adoption and enforcement training.

(II)

As used in this subsection (3.5)(c), a rural county means a county with a population of less than thirty thousand people, as determined pursuant to the most recently published population estimates from the state demographer appointed by the executive director of the department of local affairs.

(d)

When adopting or updating a building code prior to July 1, 2023, a board of county commissioners shall adopt and enforce an energy code that achieves equivalent or better energy performance than one of the three most recent editions of the international energy conservation code.

(e)

Notwithstanding the timing requirement of subsection (3.5)(a) of this section, a board of county commissioners may comply with subsection (3.5)(a) of this section when the board adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code, or by June 30, 2026, whichever is earlier, if:

(I)

The board of county commissioners adopts or updates:

(A)

The national electrical code by reference when adopted or updated by the state electrical board;

(B)

The elevator and escalator code by reference when adopted or updated by the director of the division of oil and public safety within the department of labor and employment; or

(C)

The Colorado plumbing code by reference when adopted or updated by the state plumbing board; and

(II)

The adoption or update of the national electrical code, the elevator and escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(f)

Notwithstanding the timing requirement of subsection (3.5)(b) of this section, a board of county commissioners may comply with subsection (3.5)(b) of this section when the board adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code, or by June 30, 2030, whichever is earlier, if:

(I)

The board of county commissioners adopts or updates:

(A)

The national electrical code by reference when adopted or updated by the state electrical board;

(B)

The elevator and escalator code by reference when adopted or updated by the director of the division of oil and public safety within the department of labor and employment; or

(C)

The Colorado plumbing code by reference when adopted or updated by the state plumbing board; and

(II)

The adoption or update of the national electrical code, the elevator and escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(4)

Repealed.

(5)

The following buildings are exempt from subsections (3) and (3.5) of this section:

(a)

Any building that is otherwise exempt from the provisions of the building code adopted by the board of county commissioners of the county in which the building is located and buildings that do not contain a conditioned space;

(b)

Any building that does not use either electricity or fossil fuels for comfort heating. A building will be presumed to be heated by electricity even in the absence of equipment used for electric comfort heating if the building is provided with electrical service in excess of one hundred amps, unless the code enforcement official of the county determines that the electrical service is necessary for a purpose other than for providing electric comfort heating.

(c)

Historic buildings that are listed on the national register of historic places or Colorado state register of historic properties and buildings that have been designated as historically significant or that have been deemed eligible for designation by a local governing body that is authorized to make such designations; and

(d)

Any building that is exempt pursuant to the energy code.

(6)

Notwithstanding any other provision of this section, the board of county commissioners of a county that is required to adopt or update an energy code may make any amendments to the energy code that the board deems appropriate for local conditions, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.

(7)

Intentionally left blank —Ed.

(a)

The office shall ensure that information explaining the requirements of the energy code and describing acceptable methods of compliance is available to builders, designers, engineers, and architects.

(b)

The office shall provide boards of county commissioners with technical assistance concerning the implementation and enforcement of the energy code.

(8)

Nothing in this section restricts the ability of an investor-owned utility with approval from the public utilities commission to:

(a)

Provide incentives or other energy efficiency program services to help the board of county commissioners of any county or builders comply with the requirements of this section; or

(b)

Earn shareholder incentives and claim credits towards its regulatory requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the board of county commissioners of any county or builders comply with the requirements of this section.

(9)

A utility not subject to regulation by the public utilities commission may provide incentives or other energy efficiency program services as they so choose to assist the board of county commissioners of any county or any builders in complying with the requirements of this section.

(10)

Intentionally left blank —Ed.

(a)

A utility may count mass-based emissions reductions associated with the requirements of this section towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.

(b)

A utility subject to regulation by the public utilities commission shall not count energy savings or greenhouse gas emissions reductions achieved through the requirements of this section for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.

Source: Section 30-28-211 — Energy efficient building codes - legislative declaration - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-30.­pdf (accessed Oct. 20, 2023).

30‑28‑101
Definitions
30‑28‑102
Unincorporated territory
30‑28‑103
County planning commission
30‑28‑104
Chairman - rules - staff - information - grants and gifts
30‑28‑105
Regional planning commission
30‑28‑106
Adoption of master plan - contents
30‑28‑107
Surveys and studies
30‑28‑108
Adoption of plan by resolution
30‑28‑109
Certification of plan
30‑28‑110
Regional planning commission approval - required when - recording
30‑28‑111
Zoning plan
30‑28‑112
Certification of plan - hearings
30‑28‑113
Regulation of size and use - districts - definitions - repeal
30‑28‑114
Enforcement - inspector - permits
30‑28‑115
Public welfare to be promoted - legislative declaration - construction
30‑28‑116
Regulations may be amended
30‑28‑117
Board of adjustment
30‑28‑118
Appeals to board of adjustment
30‑28‑119
District planning commissions
30‑28‑120
Existing structures - county property
30‑28‑121
Temporary regulations
30‑28‑122
Submission to division of planning
30‑28‑123
Higher standards govern
30‑28‑124
Penalties
30‑28‑124.5
County court actions for civil penalties for zoning violations
30‑28‑125
Filing with county clerk and recorder
30‑28‑126
Appropriation authorized
30‑28‑127
Public utilities exceptions
30‑28‑128
Term of membership
30‑28‑129
Inclusion of land in regional planning commission
30‑28‑130
Notice of intent to withdraw
30‑28‑131
Planning commission responsibilities in a common geographic area
30‑28‑132
Concurrent planning jurisdiction - authorized agreements and contracts
30‑28‑133
Subdivision regulations
30‑28‑133.1
Subdivision plan or plat - access to public highways
30‑28‑133.5
Review of plats and other plans
30‑28‑134
Telecommunications research facilities of the United States - inclusions in planning and zoning
30‑28‑135
Safety glazing materials
30‑28‑136
Referral and review requirements
30‑28‑137
Guarantee of public improvements
30‑28‑138
Referral to municipality
30‑28‑139
Merger of lots - notice - hearing - assessment of merged parcels
30‑28‑140
Parking and electric vehicle charging stations - legislative declaration
30‑28‑201
Commissioners may adopt - emission performance standards required - reporting
30‑28‑202
Designation of zoned area - hearing
30‑28‑203
Purpose of codes
30‑28‑204
Amendment of building code
30‑28‑205
County building inspector - permit required - appeal
30‑28‑206
Board of review - qualifications - powers
30‑28‑207
Board of review - meetings - appeals
30‑28‑208
Copies of code available - evidence
30‑28‑209
Violation - injunction and other remedies
30‑28‑210
County court actions for civil penalties for building violations
30‑28‑211
Energy efficient building codes - legislative declaration - definitions
30‑28‑212
Charging station rules prohibited
30‑28‑301
Legislative declaration
30‑28‑302
Definitions
30‑28‑303
Creation of land division study area
30‑28‑304
Preparation and adoption of plan for platting notice - withdraw from plan - requirements for adoption
30‑28‑305
Preparation of subdivision exemption plat
30‑28‑306
Preparation of deeds
30‑28‑307
Conveyance of title to district court
30‑28‑308
Recordation of subdivision exemption plat
30‑28‑309
Reconveyance of title to property owners
30‑28‑310
Assessment of costs
30‑28‑311
Cancellation of process
30‑28‑312
Limitation on liability
30‑28‑313
Severability
30‑28‑401
Legislative declaration
30‑28‑402
Definitions
30‑28‑403
Cluster development
30‑28‑404
Water - sewage - roadways - notification to state engineer
Green check means up to date. Up to date

Current through Fall 2024

§ 30-28-211’s source at colorado​.gov