§ 31-15-602. Energy Efficient Building Codes – Legislative Declaration – Definitions – Repeal

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:
   1. 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.
   2. Air pollutant emissions from energy consumption affects the health of the citizens throughout Colorado.
   3. The strain on the grid from peak electric power demands is not confined to jurisdictional boundaries.
   4. There is statewide interest in the reliability of the electrical grid and an adequate supply of heating oil and natural gas.
   5. Controlling energy costs for residents and businesses furthers a statewide interest in a strong economy and reducing the cost of housing in Colorado.
   6. More recent energy codes are more effective at ensuring building durability and structural integrity and protecting public health and safety through better:
      1. Moisture management to prevent mold, mildew, and rot;
      2. Airflow management; and
      3. Protection during severe weather.
   7. More recent energy codes incorporate newer building technologies, techniques, and materials and offer more options for builders.
   8. 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.
2. As used in this section, unless the context otherwise requires:
   1. “Building code” means regulations related to energy performance, electrical systems, mechanical systems, plumbing systems, or other elements of residential or commercial buildings.
   2. “Energy code” means, at a minimum, one of the three most recent versions of the international energy conservation code published by the international code council.
   3. “Office” means the Colorado energy office created in section 24-38.5-101, C.R.S.
3. The governing body of any municipality, when adopting or updating any other building codes, shall adopt and enforce an energy code that applies to the construction of, and renovations and additions to, all commercial and residential buildings in the municipality to which the building code applies.
4. 1. The energy code shall apply to any commercial or residential building in the municipality for which a building permit application is received subsequent to the adoption of the energy code.
   2. 1. 1. Except as otherwise provided in this section, the aggregate of all charges or other related or associated fees a municipality shall impose or assess to install an active solar electric or solar thermal device or system shall not exceed the lesser of the municipality’s actual costs in issuing the permit or five hundred dollars for a residential application or one thousand dollars for a nonresidential application if the device or system produces fewer than two megawatts of direct current electricity or an equivalent-sized thermal energy system, or that exceed the municipality’s actual costs in issuing the permit if the device or system produces at least two megawatts of direct current electricity or an equivalent-sized thermal energy system. A municipality may increase its fees or other charges as authorized by this subsection (4)(b)(I) by no more than five percent on an annual basis until the five hundred dollar limitation specified in this subsection (4)(b)(I) is achieved. The municipality shall clearly and individually identify all fees and taxes assessed on an application subject to this subsection (4)(b)(I) on the invoice. The general assembly hereby finds that there is a statewide need for certainty regarding the fees that can be assessed for permitting such devices or systems, and therefore declares that this subsection (4)(b) is a matter of statewide concern. (b) (I) (A) Except as otherwise provided in this section, the aggregate of all charges or other related or associated fees a municipality shall impose or assess to install an active solar electric or solar thermal device or system shall not exceed the lesser of the municipality’s actual costs in issuing the permit or five hundred dollars for a residential application or one thousand dollars for a nonresidential application if the device or system produces fewer than two megawatts of direct current electricity or an equivalent-sized thermal energy system, or that exceed the municipality’s actual costs in issuing the permit if the device or system produces at least two megawatts of direct current electricity or an equivalent-sized thermal energy system. A municipality may increase its fees or other charges as authorized by this subsection (4)(b)(I) by no more than five percent on an annual basis until the five hundred dollar limitation specified in this subsection (4)(b)(I) is achieved. The municipality shall clearly and individually identify all fees and taxes assessed on an application subject to this subsection (4)(b)(I) on the invoice. The general assembly hereby finds that there is a statewide need for certainty regarding the fees that can be assessed for permitting such devices or systems, and therefore declares that this subsection (4)(b) is a matter of statewide concern.
         2. In the case of a nonresidential application, on an individual installation basis only, if the municipality incurs actual costs for issuing the permit that are greater than one thousand dollars, the municipality is entitled to recovery of its actual costs for issuing the permit by submitting in writing and disclosing to the applicant for the particular permit proof of the municipality’s actual costs.
         3. As used in this subsection (4)(b)(I), “active solar energy system” means a single system that contains electric generation, a thermal device, or is an energy storage system as defined in section 40-2-202 (2).
      2. This subsection (4)(b) is repealed, effective December 31, 2029.
5. The following buildings are exempt from subsections (3) and (4) of this section:
   1. Any building that is otherwise exempt from the provisions of the building code adopted by the governing body of the municipality in which the building is located and buildings that do not contain a conditioned space;
   2. 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 municipality determines that the electrical service is necessary for a purpose other than for providing electric comfort heating.
   3. 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
   4. Any building that is exempt pursuant to the energy code.
6. Notwithstanding any other provisions of this section, the governing body of any municipality that is required to adopt an energy code may make any amendments to the energy code that the governing body deems appropriate for local conditions, so long as the amendments do not decrease the effectiveness of the energy code.
7. 1. 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.
   2. The office shall provide the governing body of any municipality with technical assistance concerning the implementation and enforcement of the energy code.

Source: L. 2007: Entire section added, p. 697, § 3, effective July 1. L. 2008: (2)(b) and (2)(c) amended, p. 72, § 11, effective March 18; (4) amended, p. 893, § 2, effective May 20. L. 2011: (4)(b) amended, (HB 11-1199), ch. 311, p. 1519, § 3, effective June 10. L. 2012: (2)(b) and (2)(c) amended, (HB 12-1315), ch. 224, p. 975, § 38, effective July 1. L. 2017: (4)(b) amended, (SB 17-179), ch. 170, p. 622, § 3, effective August 9. L. 2019: (1)(f), (1)(g), and (1)(h) added and (2)(b), (3), and IP(5) amended, (HB 19-1260), ch. 357, p. 3286, § 4, effective August 2. L. 2021: (4)(b) amended, (HB 21-1284), ch. 327, p. 2091, § 4, effective September 7.

Cross references: (1) In 2011, subsection (4)(b) was amended by the “Fair Permit Act”. For the short title, see section 1 of chapter 311, Session Laws of Colorado 2011.

(2) For the legislative declaration in HB 21-1284, see section 1 of chapter 327, Session Laws of Colorado 2021.