HomeMy WebLinkAbout2019-19PROOF OF PUBLICATION
STATE OF COLORADO
COUNTY OF EAGLE
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 19,
Series of 2019, First Reading, on the Town of Vail's web site, www.vailaov.com,
on the 7th day of December, 2019.
Witness my hand and seal this 7th day of December.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 19
SERIES 2019
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE VAIL
TOWN CODE TO ADOPT REGULATIONS PERTAINING TO WILDLAND
URBAN INTERFACE AREAS AND TO AMEND REGULATIONS ON
BUILDING DESIGN AND LANDSCAPING TO REDUCE THE RISK OF
WILDFIRE
WHEREAS, each year wildfires continue to grow more destructive and impactful
to communities across Colorado;
WHEREAS, the Town of Vail is built within an environment that depends on wildfire
to maintain a healthy ecosystem, and is therefore at high risk of encountering wildfires at
any given time;
WHEREAS, a wildland-urban interface ("WUI") code is specifically designed to
mitigate the risks from wildfire to life and property by regulating construction materials
and methods in such a way as to resist ignition from wildfires for a safer and more resilient
community;
WHEREAS, further amendments to the Vail Town Code are necessary to
encourage using landscaping specifically picked for wildfire resistance to protect the
community from substantial loss from wildfire and to enable the Town to plan for hazards
involving wildfire; and
WHEREAS, the Town Council therefore finds and determines that this ordinance
necessary to protect the public health, safety, and welfare.
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Section 10-1-2 of the Vail Town Code is hereby amended by the
addition of the following amendments to the International Building Code, 2018 edition, to
appear in alphabetical order:
Section 202 Definitions: Section 202 is amended by the addition of the
following definitions:
ACCESSORY STRUCTURE. A building or structure used to shelter or
support any material, equipment, chattel or occupancy other than a
habitable building.
FIRE CHIEF. The chief officer or chief officer's authorized representative of
the fire department serving the Town.
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FIRE -RESISTANCE -RATED CONSTRUCTION. The use of materials and
systems in the design and construction of a building or structure to
safeguard against the spread of fire within a building or structure and the
spread of fire to or from buildings or structures to the wildland-urban
interface area.
IGNITION -RESISTANT BUILDING MATERIAL. A type of building material
that resists ignition or sustained flaming combustion sufficiently to reduce
losses from wildland-urban interface conflagrations under worst -case
weather and fuel conditions with wildfire exposure of burning embers and
small flames, as prescribed in Chapter 7A.
IGNITION -RESISTANT CONSTRUCTION. A schedule of additional
requirements for construction in wildland-urban interface areas based on
fire hazard levels.
LOG WALL CONSTRUCTION. A type of construction in which exterior
walls are constructed of solid wood members and where the smallest
horizontal dimension of each solid wood member is at least 6 inches (152
mm).
NONCOMBUSTIBLE. As applied to building construction material, means
a material that, in the form in which it is used, is either one of the following:
1. Material of which no part will ignite and burn when subjected
to fire. Any material conforming to ASTM E136 shall be considered
noncombustible within the meaning of this Section.
2. Material having a structural base of noncombustible material
as defined in Item 1 above, with a surfacing material not over 1/8 inch
(3.2 mm) thick, which has a flame spread index of 50 or less. Flame
spread index as used herein refers to a flame spread index obtained
according to tests conducted as specified in ASTM E84 or UL 723.
"Noncombustible" does not apply to surface finish materials.
Material required to be noncombustible for reduced clearances to
flues, heating appliances or other sources of high temperature shall
refer to material conforming to Item 1 above. No material shall be
classified as noncombustible that is subject to increase in
combustibility or flame spread index, beyond the limits herein
established, through the effects of age, moisture or other
atmospheric condition.
UNENCLOSED ACCESSORY STRUCTURE. An accessory structure
without a complete exterior wall system enclosing the area under the roof
or floor above.
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WILDLAND-URBAN INTERFACE AREA. That geographical area, as
depicted and defined in the Community Wildfire Protection Plan, where
structures and other human development meets or intermingles with
wildland or vegetative fuels.
Chapter 7A Fire -Resistive Construction: Chapter 7A is added to read as
follows..
CHAPTER 7A FIRE -RESISTIVE CONSTRUCTION
SECTION 7A01 SCOPE
7A01.1 General. The provisions of this Chapter shall apply to the
construction, alteration, movement, repair, maintenance and use of any
building, structure or premises into or within the wildland-urban interface
areas of the Town of Vail.
Exceptions:
1. Additions or alterations less than 500 gross square feet in
size.
2. Repair or replacement of less than twenty-five percent (25%)
of a deck surface or structure.
3. Accessory structures not exceeding 120 square feet in floor
area where located not less than 30 feet from buildings containing
habitable spaces.
4. Agricultural buildings located not less than 30 feet from
buildings containing habitable spaces.
Buildings or structures moved into or within the jurisdiction shall comply with
the provisions of this Chapter for new buildings or structures.
7A01.2 Objective. The objective of this Chapter is to establish minimum
regulations consistent with nationally recognized good practice for the
safeguarding of life and for property protection. Regulations in this Chapter
are intended to mitigate the risk to life and structures from intrusion of fire
from wildland fire exposures and fire exposures from adjacent structures
and to mitigate structure fires from spreading to wildland fuels. The extent
of this regulation is intended to be tiered commensurate with the relative
level of hazard present.
The unrestricted use of property in wildland-urban interface areas is a
potential threat to life and property from fire and resulting erosion.
Safeguards to prevent the occurrence of fires and to provide adequate fire
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protection facilities to control the spread of fire in wildland-urban interface
areas shall be in accordance with this Chapter.
This Chapter shall supplement the jurisdiction's building and fire codes to
provide for special regulations to mitigate the fire- and life -safety hazards of
the wildland-urban interface areas.
7A01.3 Additions or alterations. Additions or alterations shall be
permitted to be made to any building or structure without requiring the
existing building or structure to comply with the requirements of this
Chapter; provided that the addition or alteration conforms to that required
for a new building or structure.
SECTION 7A02 APPLICABILITY
7A02.1 General. Where there is a conflict between a general requirement
and a specific requirement, the specific requirement shall apply. Where, in
any specific case, different sections of this Chapter specify different
materials, methods of construction or other requirements, the most
restrictive shall apply.
7A02.2 Existing conditions. The legal occupancy or use of any building,
structure or condition existing on the date of adoption of this Chapter shall
be permitted to continue without change, except as is specifically covered
in the International Fire Code.
SECTION 7A03 COMPLIANCE ALTERNATIVES
7A03.1 Practical difficulties. Where there are practical difficulties involved
in carrying out the provisions of this Chapter, both the building official or fire
chief are authorized to grant modifications for individual cases upon
application, in writing, by the owner or owner's authorized agent. The
building official or fire chief shall first find that a special individual reason
makes enforcement of the provisions of this Chapter impractical, that the
modification is in conformance to the intent and purpose of this Chapter,
and that the modification does not lessen any fire protection requirements
or any degree of structural integrity. The details of any action granting
modifications shall be recorded and entered into the appropriate permitting
files.
7A03.2 Technical assistance. To determine the acceptability of
technologies, processes, products, facilities, materials and uses attending
the design, operation or use of a building or premises subject to the
inspection of the building official or fire chief, the building official or fire chief
are authorized to require the owner, the owner's authorized agent or the
person in possession or control of the building or premises to provide,
without charge to the Town, a technical opinion and report. The opinion and
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report shall be prepared by a qualified engineer, specialist, laboratory or fire
safety specialty organization acceptable to the code official and the owner
or the owner's authorized agent, and shall analyze the fire safety of the
design, operation or use of the building or premises, the facilities and
appurtenances situated thereon and fuel management for purposes of
establishing fire hazard severity to recommend necessary changes.
7A03.3 Alternative materials or methods. The provisions of this Chapter
are not intended to prevent the installation of any material or to prohibit any
design or method not specifically prescribed by this Chapter, provided that
any such alternative has been approved. An alternative material, design or
method shall be approved where the building official in concurrence with the
fire chief finds that the proposed design is satisfactory and complies with
the intent of the provisions of this Chapter, and that the material, method or
work offered is, for the purpose intended, not less than the equivalent of
that prescribed in this Chapter in quality, strength, effectiveness, fire
resistance, durability and safety. Where the alternative material, design or
method is not approved, the building official shall respond in writing, stating
the reasons why the alternative was not approved.
SECTION 7A04 SPECIAL BUILDING CONSTRUCTION REGULATIONS
7A04.1 General. Buildings and structures shall be constructed in
accordance with this Section, unless previously exempted in Section
7A01.1.
7A04.2 Fire -resistance -rated construction. Where this Chapter requires
1-hour fire -resistance -rated construction, the fire -resistance rating of
building elements, components or assemblies shall be determined in
accordance with the test procedures set forth in ASTM E 119 or UL 263.
Exceptions:
1. The fire -resistance rating of building elements, components or
assemblies based on the prescriptive designs prescribed in Section
721.
2. The fire -resistance rating of building elements, components or
assemblies based on the calculation procedures in accordance with
Section 722.
SECTION 7A05 IGNITION -RESISTANT CONSTRUCTION AND
MATERIAL
7A05.1 General. Buildings and structures hereafter constructed, modified
or relocated into or within wildland-urban interface areas shall meet the
construction requirements in accordance with ignition -resistant construction
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in accordance with Section 7A06. Materials required to be ignition -resistant
materials shall comply with the requirements of Section 7A05.2.
7A05.2 Ignition -resistant building material. Ignition -resistant building
material shall comply with any one or more of the following:
1. Material shall be tested on all sides with the extended ASTM
E 84 (UL 723) test or ASTM E 2768, except panel products shall be
permitted to test only the front and back faces. Panel products shall
be tested with a ripped or cut longitudinal gap of 1/8 inch (3.2 mm).
Materials that, when tested in accordance with the test procedures
set forth in ASTM E 84 or UL 723 for a test period of 30 minutes, or
with ASTM E 2768, comply with the following:
1.1. Flame spread. Material shall exhibit a flame spread index not
exceeding 25 and shall not show evidence of progressive
combustion following the extended 30- minute test.
1.2. Flame front. Material shall exhibit a flame front that does not
progress more than 10 '/2 feet (3200 mm) beyond the
centerline of the burner at any time during the extended 30-
minute test.
1.3. Weathering. Ignition -resistant building materials shall
maintain their performance in accordance with this Section
under conditions of use. Materials shall meet the
performance requirements for weathering (including exposure
to temperature, moisture and ultraviolet radiation) contained
in the following standards, as applicable to the materials and
the conditions of use:
1.3.1. Method A "Test Method for Accelerated Weathering of
Fire- Retardant -Treated Wood for Fire Testing" in
ASTM D 2898, for fire- retardant -treated wood, wood -
plastic composite and plastic lumber materials.
1.3.2. ASTM D 7032 for wood -plastic composite materials.
1.3.3. ASTM D 6662 for plastic lumber materials.
1.4. Identification — materials shall bear identification showing fire
test results.
Exception: Materials composed of a combustible core and a
noncombustible exterior covering, made from either aluminum at a
minimum 0.019-inch (0.48 mm) thickness or corrosion -resistant steel
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at a minimum 0.0149-inch (0.38 mm) thickness shall not be required
to be tested with a ripped or cut longitudinal gap.
2. Noncombustible material. Material that complies with the
requirements for noncombustible materials.
3. Fire -retardant -treated wood. Fire -retardant -treated wood
identified for exterior use and meeting the requirements of Section
2303.2.
4. Materials meeting the following standards of quality.
4.1. SFM Standard 12-7A-1, Exterior Wall Siding and Sheathing.
Afire resistance test standard consisting of a 150 kW intensity
direct flame exposure for a 10-minute duration.
4.2. SFM Standard 12-7A-2, Exterior Windows. A fire resistance
test standard consisting of a 150kW intensity direct flame
exposure for an 8-minute duration.
4.3. SFM Standard 12-7A-3, Horizontal Projection Underside. A
fire resistance test standard consisting of a 300kW intensity
direct flame exposure for al 0-minute duration.
4.4. SFM Standard 12-7A-4, Decking. A two-part test consisting
of a heat release rate (Part A) deck assembly combustion test
with an under deck exposure of 80 kW intensity direct flame
for a 3-minute duration and a (Part B) sustained deck
assembly combustion test consisting of a deck upper surface
burning ember exposure with a 12 mph wind for 40 minutes
using a 2.21b (1 kg) burning "Class A" size 12"x12"x2.25"
(300mm x 300mm x 57mm) roof test brand.
4.5. SFM Standard 12-7A-4A, Decking Alternate Method A. A
heat release deck assembly combustion test with an under -
deck exposure of 80kW intensity direct flame for a 3-minute
duration.
4.6. SFM Standard 12-7A-5, Ignition -resistant Material. A generic
building material surface burning flame spread test standard
consisting of an extended 30-minute ASTM E84 or UL 723
test method as is used for fire -retardant -treated wood.
SECTION 7A06 IGNITION -RESISTANT CONSTRUCTION
7A06.1 General. Ignition -resistant construction shall be in accordance with
Sections 7A06.2 through 7A06.11.
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7A06.2 Roof covering. All roof coverings shall comply with Chapter 15 of
this Code, as amended.
7A06.2.1 Roof valleys. Where provided, valley flashings shall be
not less than 0.019 inches (0.48 mm) (No. 26 galvanized sheet gage)
corrosion -resistant metal installed over a minimum 36-inch-wide
(914 mm) underlayment consisting of one layer of 72-pound (32.4
kg) mineral -surfaced, non -perforated cap sheet complying with
ASTM D 3909 running the full length of the valley.
7A06.3 Protection of Eaves. Eaves and soffits shall be protected on the
exposed underside by ignition -resistant building materials or by materials
approved for not less than 1-hour fire -resistance -rated construction, 2-inch
(51 mm) nominal dimension lumber, or 1-inch (25 mm) nominal fire -
retardant -treated lumber or 3/4 —inch (19.1 mm) nominal fire -retardant -
treated plywood, identified for exterior use and meeting the requirements of
Section 2303.2. Fascias are required and shall be protected on the back-
side by ignition -resistant building materials or by materials approved for not
less than 1-hour fire -resistance -rated construction or 2-inch (51 mm)
nominal dimension lumber.
7A06.4 Gutters and downspouts. Gutters and downspouts shall be
constructed of noncombustible material.
7A06.5 Exterior walls. Exterior walls of buildings or structures shall be
constructed with one of the following methods and all such material shall
extend from the top of the foundation to the underside of the roof sheathing-
1 . Materials approved for not less than 1-hour fire -resistance -
rated construction on the exterior side.
2. Approved noncombustible materials.
3. Heavy timber or log wall construction.
4. Ignition -resistant building materials complying with Section
7A05.2 on the exterior side.
Exception: Combustible siding materials not complying with Section
7A05.2 may be used but shall not cover more than thirty-three
percent (33%) of a given wall and shall not be within 5 feet of finish
grade. Combustible siding which has a profile that may allow ember
intrusion such as wood shake or wood shingle is prohibited.
7A06.6 Underfloor enclosure. Buildings or structures shall have
underfloor areas enclosed to the ground with exterior walls in accordance
with Section 7A06.5.
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Exception: Complete enclosure shall not be required where the
underside of exposed floors and exposed structural columns, beams
and supporting walls are protected as required for exterior 1-hour
fire -resistance -rated construction or heavy timber construction or
fire -retardant -treated wood, if labeled for exterior use and meeting
the requirements of Section 2303.2.
7A06.7 Appendages and projections. Unenclosed accessory structures
attached to buildings with habitable spaces and projections, such as decks,
shall be not less than 1-hour fire -resistance -rated construction, heavy
timber construction or constructed of one of the following:
Approved noncombustible materials.
2. Fire -retardant -treated wood identified for exterior use and
meeting the requirements of Section 2303.2.
3. Ignition -resistant building materials in accordance with
Section 7A05.2.
7A06.8 Exterior doors. Exterior doors shall be constructed of approved
noncombustible materials, standard solid core wood not less than 1 %
inches thick (44 mm), or have a fire protection rating of not less than 20
minutes. Tempered glass doors are permissible.
Exception: Vehicle access doors.
7A06.9 Vents. Attic ventilation openings, foundation or underfloor vents, or
other ventilation openings in vertical exterior walls and vents through roofs
shall not exceed 144 square inches (0.0929 m2) each. Such vents shall be
covered with noncombustible corrosion -resistant materials with openings
not to exceed 1/4inch (6.4 mm),or perforated noncombustible materials with
perforations not to Exceed 114 inch(6.4mm) or shall be designed and
approved to prevent flame or ember penetration into the structure.
7A06.9.1 Vent locations. Attic ventilation openings shall not be
located in the inner two thirds of soffits, eave overhangs, or other
overhang areas. Gable end and dormer vents shall be located not
less than 10 feet (3048 mm) from lot lines. Underfloor ventilation
openings shall be located as close to grade as practical.
7A06.10 Detached accessory structures. Detached accessory structures
located less than 30 feet (15 240 mm) from a building containing habitable
space shall have exterior walls constructed with materials approved for not
less than 1-hour fire- resistance -rated construction, heavy timber, log wall
construction, or constructed with approved noncombustible materials or
ignition resistant building materials in accordance with Section 7A05.2. The
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fire -retardant -treated wood shall be labeled for exterior use and meet the
requirements of Section 2303.2.
7A06.10.1 Underfloor areas. Where the detached structure is
located and constructed so that the structure or any portion thereof
projects over a descending slope surface greater than ten percent
(10%), the area below the structure shall have underfloor areas
enclosed to within 6 inches (152 mm) of the ground, with exterior wall
construction in accordance with Section 7A06.5 or underfloor
protection in accordance with Section 7A06.6.
Exception: The enclosure shall not be required where the
underside of exposed floors and exposed structural columns,
beams and supporting walls are protected as required for
exterior 1-hour fire -resistance -rated construction or heavy -
timber construction or fire -retardant -treated wood on the
exterior side. The fire -retardant -treated wood shall be labeled
for exterior use and meet the requirements of Section 2303.2.
7A06.11 Spark arrestors. Chimneys serving fireplaces, barbecues,
incinerators or decorative heating appliances in which solid or liquid fuel is
used, shall be provided with a spark arrester. Spark arresters shall be
constructed of woven or welded wire screening of 12 USA standard gage
wire (0.1046 inch) (2.66 mm) having openings not exceeding '/2 inch (12.7
mm).
7A06.11.1 Net free area. The net free area of the spark arrester shall
be not less than four times the net free area of the outlet of the
chimney.
Section 2. Section 10-1-3 of the Vail Town Code is hereby amended by the
addition of the following amendment to the International Residential Code, 2018 edition,
to appear in numerical order:
Section R302.15 Additional fire -resistive construction requirements: A
new Section R302.15 is adopted to read as follows:
R302.15 Additional fire -resistive construction requirements.
The provisions of Chapter 7A of the International Building Code, as
adopted and amended, shall apply to the construction, alteration,
movement, repair, maintenance and use of any building, structure or
premises within the wildland-urban interface area of the Town of Vail.
Exceptions:
1. Additions or alterations less than 500 gross square feet
in size.
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2. Repair or replacement of less than twenty-five percent
(25%) of a deck surface or structure.
3. Accessory structures not exceeding 120 square feet in
floor area where located not less than 30 feet from buildings
containing habitable spaces.
4. Agricultural buildings located not less than 30 feet from
buildings containing habitable spaces.
Buildings or structures moved into or within the jurisdiction shall
comply with the provisions of this Chapter for new buildings or
structures.
Section 3. Section 12-11-1 of the Vail Town Code is hereby amended by the
addition of the following new Subsection D(6):
6. Balance the design and aesthetic desires of the community and the
economy of Vail as an international resort destination with the need to
protect the community from the risk of wildland fire.
Section 4. Section 12-11-3(C) of the Vail Town Code is hereby amended as
follows:
C. Nonconforming Sites and Structures; Effect of Design Guidelines:
1. Buildings and sites which are not in conformance with the
design guidelines, due to annexations or changes in code provisions
(i.e., legal nonconformities), shall be required to conform with the
design guidelines when allowable gross residential floor area
(GRFA) (the GRFA that is permitted by the density control section of
various zone districts), qross floor area, commercial floor area, or
garage area credit is added to any existing structure or site. Nothinq
in this code shall be deemed to retroactively require conformance
with desiqn guidelines for existing buildinas or sites unless
specifically required by this code.
5. Additions or alterations of less than 500 square feet of aross
floor area shall be exempt from conformance with Section 14-10-5(B)
and 14-10-8(B) of this Code but shall reauire desiqn review. For
additions of 500 square feet or areater of gross floor area, the
addition and impacted landscanina shall comply with Section 14-10-
5(B) and 14-10-8(B) of this Code.
Section 5. Section 12-11-4(C)(1)(f) of the Vail Town Code is hereby amended
as follows:
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f. Landscape Plan: A landscape plan drawn at a scale of one -inch
equals twenty feet (1" = 20') or larger. The landscape plan shall show
locations of existing trees or groups of trees having trunks with diameters
of four inches (4") or more at one foot (1') above natural grade that are
proposed to be removed. Shrubs and other native plants proposed to be
removed shall be indicated. The landscape plan shall show trees and other
native plants proposed to be retained and methods to be utilized for the
purpose of protecting existing vegetation, the location and design of
proposed landscaped areas, irrigation systems, the varieties and sizes of
plant materials to be planted therein, and the location and design of
swimming pool areas, patios, play areas, recreation facilities, and other
usable open space. The landscape plan shall show the mature canopv of
trees and shrubs after fifteen (15) vears of arowth. The landscape plan shall
be accompanied by a landscape materials list specifying size and quantity
of plant materials and a report of the condition of the existing vegetation
upon the site. The landscape plan shall include sufficient detail to provide a
reliable basis for estimating the amount of a performance bond
guaranteeing installation and maintenance of the improvement if required
by the Town.
Section 6. Section 12-21-1 of the Vail Town Code is hereby amended as
follows:
The purpose of this Chapter is to help protect the inhabitants of the Town
from dangers relating to development of floodplains, avalanche paths,
steep slopes, wildfire hazard areas and geologically sensitive areas; to
regulate the use of land areas which may be subject to wildfire, flooding
and avalanche or which may be geologically sensitive; and to further
regulate development on steep slopes; to protect the economic and
property values of the Town, to protect the aesthetic and recreational
values and natural resources of the Town, which are sometimes
associated with floodplains, wildfire hazard areas, avalanche areas and
areas of geological sensitivity and slopes; to minimize damage to public
facilities and utilities and minimize the need for relief in cleanup operations;
to give notice to the public of certain areas within the Town where
floodplains, wildfire hazard areas, avalanche areas and areas of geologic
sensitivity exist; and to promote the general public health, safety and
welfare.
Section 7. Section 12-21-2 of the Vail Town Code is hereby amended by the
addition of the following new definition, to appear in alphabetical order:
WILDFIRE HAZARD AREA: An area at elevated risk to public safety from
wildland fire. Wildfire hazard areas contain or are surrounded by
vegetation, live or dead, which has the potential to burn and cause public
safety hazards. The entirety of the Town of Vail lies within a wildfire hazard
area.
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Section 8. Section 12-21-3 of the Vail Town Code is hereby amended as
follows:
The Town Manager shall formulate and develop master hazard plans for
the Town. Said hazard plans shall be based on engineering studies and
shall indicate the location of known floodplains, avalanche, wildfire hazard
areas and geological hazard zones of influence, known red and blue
avalanche and geological hazard areas, and forty percent (40%) slope
areas. In addition, the plans may show any other information or data
deemed to be desirable by the town manager. Maximum citizen
participation during the formulation of the master hazard plans as well as
other phases of the information implementation of the hazard studies and
regulations shall be encouraged. The purpose of the master hazard plans
is to identify and alleviate present and future problems created by the
construction of improvements in the hazard areas within the Town by
means of presenting in an orderly fashion the general data and information
which are essential to the understanding of the relationship between the
hazards and improvements located within said areas. The master hazard
plans may be altered from time to time to conform to new information or
existing conditions.
Section 9. Chapter 21 of Title 12 of the Vail Town Code is hereby amended by
the addition of the following new Section 12-21-16:
12-21-16: RESTRICTIONS IN WILDFIRE HAZARD AREAS
The entirety of the Town of Vail lies within a wildfire hazard area. The
natural vegetation surrounding and throughout the community is
dependent on wildfire for regeneration and ecosystem health. The
ecosystem is dependent upon infrequent, high severity stand replacing
wildfire. Wildfires of this character can carry over many thousands of acres
and burn for several weeks. Besides substantial flaming fronts, fires of this
nature frequently send large quantities of embers miles outside of the main
fire perimeter igniting additional spot fires. Due to the long and narrow
layout of the Town, no location within the Town limits is outside the
potential ember fall area from a wildfire.
Structures built within the Town shall be constructed and landscaped in a
manner to resist ignition from wildfire flames and embers. Specific
requirements for ignition resistant construction and landscaping are in Title
10, Chapter 1; Title 12, Chapter 11; and Title 14, Chapter 10 of this Code.
Section 10. Section 14-2-1 of the Vail Town Code is hereby amended by the
addition of the following new definition, to appear in alphabetical order:
FLOOR AREA, GROSS: The total floor area within the enclosing walls of a
structure including without limitation the following:
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A. Areas specifically designed and used for mechanical
equipment to operate the building;
B. Stairways;
C. Elevators;
D. Common hallways;
E. Common lobbies;
F. Common restrooms;
G. Areas designed and used for parking;
H. Areas designed and used as storage which do not have direct
access to an individual office or retail store, not to exceed five percent (5%)
of the total proposed net floor area for office and not to exceed eight percent
(8%) of the total proposed net floor area for retail; and
I. Areas that may be deducted from the gross residential floor
area per Section 12-15-3 of this code.
"Common areas" are spaces for which all occupants in the building
contribute toward the upkeep and maintenance thereof and are not
used for employee working areas.
Section 11. Section 14-10-3(D) of the Vail Town Code is hereby amended as
follows-
D. All areas disturbed during construction shall be revegetated.
Replacement of disturbed soils and veaetation shall comply with Section
14-10-8 of this Code. If necessary, the design review board may designate
allowable limits of construction activity and require physical barriers in order
to preserve significant natural features and vegetation upon a site and
adjacent sites during construction.
Section 12. Section 14-10-5(B) of the Vail Town Code is hereby repealed and
reenacted to read as follows:
B. Ignition Resistant Materials: The use of ignition resistant building
materials and designs intended to prevent the spread of fire are required,
unless otherwise exempted by Section 12-11-3 this Code. Vail Fire and
Emergency Services is available to provide more information on the use of
ignition resistant materials and designs. Predominantly natural building
materials shall be used within the Town. The exterior use of wood, wood
siding, native stone, brick, concrete, stucco, and EIFS may be permitted.
Concrete surfaces, when permitted, shall be treated with texture and color;
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however, exposed aggregate is more acceptable than raw concrete. The
exterior use of the following siding materials shall be prohibited: stucco or
EIFS with gross textures or surface features that appear to imitate other
materials, simulated stone, simulated brick, plastic and vinyl.
1. The exterior use of any building material, including those not
specifically identified by this Section, shall only be permitted, unless
otherwise prohibited by this Code, where the design review board
finds:
a. That the proposed material is satisfactory in general
appearance, quality over time, architectural style, design,
color, and texture;
b. That the use of the proposed material complies with the
intent of the provisions of this Code; and
C. That the use of the proposed material is compatible
with the structure, site, surrounding structures, and overall
character of the Town.
2. The provisions of this Paragraph B shall apply to the
construction, alteration, movement, repair, maintenance and use of
any building, structure or premises within the Town, unless otherwise
exempt by Section 12-11-3 of this Code. Buildings or structures
moved into or within the Town of Vail shall comply with the provisions
of this Code for new buildings and structures.
3. Repair or replacement of twenty-five percent (25%) or less of
a deck surface or support structure is exempt from the ignition
resistant requirements of this Paragraph B.
4. Combustible siding, as defined in the Town's adopted building
codes, may be used as long as it does not cover more than thirty-
three percent (33%) of a given wall (excluding windows, doors and
other openings) and may not be within 5 feet of the ground level.
Combustible siding which has a profile that may allow ember
intrusion such as wood shake or wood shingle is prohibited.
Section 13. Section 14-10-5(G) of the Vail Town Code is hereby amended by the
deletion of Paragraph 3(d).
Section 14. Section 14-10-8 of the Vail Town Code is hereby amended as
follows:
A. Various natural vegetation zones exist within the Gore Valley as a
result of the form and aspects of the land itself. The north facing slopes
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within the valley are typically heavily wooded with spruce, pine and aspen
and generally receive less direct sunlight than the drier south facing slopes
which typically consist of sage, aspen and other vegetation tolerant of drier
conditions. The valley floor which is adjacent to Gore Creek consists of a
wide variety of trees and shrubs adapted to the relatively fertile soil and
natural availability of water.
The goal of any landscape plan should be to preserve and enhance the
natural landscape character of the area in which it is to be located and serve
as an aid in fire prevention and protection. The landscape scale and overall
landscape design shall be developed so that new vegetation is integral with
the natural landscape and the inherent form, line, color and texture of the
local plant communities. SiRGe he The major objective of the landscaping
is to help reduce the scale of new structures, to assist in the screening of
structures, to reduce the risk to life and structures from the intrusion of fire
from wildland fire exposure and fire exposures from adiacent structures, and
to mitiqate structure fires from spreading to wildland fuels.— 4e The planting
of large -sized, well -spaced plant materials is encouraged. Fire wise plant
materials are enGOUraged required due to their ability to resist fire. Trees
should shall be maintained through limbing and pruning in order to prevent
limbs from being too close to structures and other plant materials. Special
care should be taken in selecting the types of plants to use when designing
a landscape plan. Final selection should be based upon the soils and
climate, ease of establishment, suitability for the specific use desired, ability
to deter the spread of fires and the level of maintenance that can be
provided. New planting shall use plants that are indigenous to the Rocky
Mountain alpine and subalpine zones or are capable of being introduced
into these zones.
A recommended list of plant materials, some indigenous to the Vail area, is
on file with the department of community development. Also indicated on
the list are fire wise plant materials which are suitable for planting within the
Vail area. The minimum sizes of landscape materials acceptable are as
follows:
Required trees:
Deciduous 2-inch caliper
Conifers 6 foot
Required #5-gallon container
shrubs Foundation shrubs shall have a minimum height of 18 inches at
time of planting.
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B Landscape design shall be developed to locate new plantings iR
ordeF to eXteRd existing „aRE) Y oor planter in natural looking groups
and shall be desiqned and installed in conformance with the Vail Fire and
Emerqencv Services Fire -Resistant Landscaoinq quidelines, unless
exempted by Section 12-11-3 of this Code. Geometric plantings, evenly
spaced rows of trees, and other formal landscape patterns shall be avoided.
J. All plantings must be mulched with materials as listed in the Vail Fire
and Emerqencv Services Fire -Resistant Landscaping guidelines, unless
otherwise exempt per Section 14-10-5 B 12-11-3 of this Code.
L. Defensible soace shall be created and maintained in an area
extendinq from the perimeter or proiection of the building or structure to a
radius of 100 feet or the lot lines, whichever is less. Defensible space and
landscaoinq shall comply with Vail Fire and Emerqencv Services Fire -
Resistant Landscapinq quidelines.
Section 15. Section 14-10-10(B) of the Vail Town Code is hereby amended as
follows:
B. Accessory buildings generally should be attached to the main
building either directly or by means of a continuous wall, f� or similar
feature of the same or a complementary material as the main building's
exterior finish.
Section 16. The changes adopted by this Ordinance shall be effective for all
Building Permit Applications received by the Town of Vail's Community Development
Department on or after 2020.
Section 17. If any part, section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 18. The amendment of any provision of the Vail Town Code in this
Ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
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Section 19. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this � day of bCLe rnx� ,
2019 and a public hearing for second reading of this Ordinance is set for the day of
, 2019, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST. -
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of 2019.
Dave Chapin, Mayor
ATTEST:
Tammy Nagel, Town Clerk
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PROOF OF PUBLICATION
STATE OF COLORADO )
COUNTY OF EAGLE )
I, Stephanie Bibbens, Deputy Town of Vail Town Clerk, do solemnly swear
and affirm that I published in full a true and correct copy of Ordinance No. 19,
Series of 2019, Second Reading, on the Town of Vail's web site,
www.vailqov.com, on the 18th day of December, 2019.
Witness my hand and seal this 181h day of December.
Stephanie Bibbens
Deputy Town Clerk
ORDINANCE NO. 19
SERIES 2019
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE VAIL
TOWN CODE TO ADOPT REGULATIONS PERTAINING TO WILDLAND
URBAN INTERFACE AREAS AND TO AMEND REGULATIONS ON
BUILDING DESIGN AND LANDSCAPING TO REDUCE THE RISK OF
WILDFIRE
WHEREAS, each year wildfires continue to grow more destructive and impactful
to communities across Colorado;
WHEREAS, the Town of Vail is built within an environment that depends on wildfire
to maintain a healthy ecosystem, and is therefore at high risk of encountering wildfires at
any given time;
WHEREAS, a wildland-urban interface ("WUI") code is specifically designed to
mitigate the risks from wildfire to life and property by regulating construction materials
and methods in such a way as to resist ignition from wildfires for a safer and more resilient
community;
WHEREAS, further amendments to the Vail Town Code are necessary to
encourage using landscaping specifically picked for wildfire resistance to protect the
community from substantial loss from wildfire and to enable the Town to plan for hazards
involving wildfire; and
WHEREAS, the Town Council therefore finds and determines that this ordinance
necessary to protect the public health, safety, and welfare.
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Section 10-1-2 of the Vail Town Code is hereby amended by the
addition of the following amendments to the International Building Code, 2018 edition, to
appear in alphabetical order:
Section 202 Definitions: Section 202 is amended by the addition of the
following definitions:
ACCESSORY STRUCTURE. A building or structure used to shelter or
support any material, equipment, chattel or occupancy other than a
habitable building.
FIRE CHIEF. The chief officer or chief officer's authorized representative of
the fire department serving the Town.
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FIRE -RESISTANCE -RATED CONSTRUCTION. The use of materials and
systems in the design and construction of a building or structure to
safeguard against the spread of fire within a building or structure and the
spread of fire to or from buildings or structures to the wildland-urban
interface area.
IGNITION -RESISTANT BUILDING MATERIAL. A type of building material
that resists ignition or sustained flaming combustion sufficiently to reduce
losses from wildland-urban interface conflagrations under worst -case
weather and fuel conditions with wildfire exposure of burning embers and
small flames, as prescribed in Chapter 7A.
IGNITION -RESISTANT CONSTRUCTION. A schedule of additional
requirements for construction in wildland-urban interface areas based on
fire hazard levels.
LOG WALL CONSTRUCTION. A type of construction in which exterior
walls are constructed of solid wood members and where the smallest
horizontal dimension of each solid wood member is at least 6 inches (152
mm).
NONCOMBUSTIBLE. As applied to building construction material, means
a material that, in the form in which it is used, is either one of the following:
1. Material of which no part will ignite and burn when subjected
to fire. Any material conforming to ASTM E136 shall be considered
noncombustible within the meaning of this Section.
2. Material having a structural base of noncombustible material
as defined in Item 1 above, with a surfacing material not over 1/8 inch
(3.2 mm) thick, which has a flame spread index of 50 or less. Flame
spread index as used herein refers to a flame spread index obtained
according to tests conducted as specified in ASTM E84 or UL 723.
"Noncombustible" does not apply to surface finish materials.
Material required to be noncombustible for reduced clearances to
flues, heating appliances or other sources of high temperature shall
refer to material conforming to Item 1 above. No material shall be
classified as noncombustible that is subject to increase in
combustibility or flame spread index, beyond the limits herein
established, through the effects of age, moisture or other
atmospheric condition.
UNENCLOSED ACCESSORY STRUCTURE. An accessory structure
without a complete exterior wall system enclosing the area under the roof
or floor above.
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WILDLAND-URBAN INTERFACE AREA. That geographical area, as
depicted and defined in the Community Wildfire Protection Plan, where
structures and other human development meets or intermingles with
wildland or vegetative fuels.
Chapter 7A Fire -Resistive Construction: Chapter 7A is added to read as
follows..
CHAPTER 7A FIRE -RESISTIVE CONSTRUCTION
SECTION 7A01 SCOPE
7A01.1 General. The provisions of this Chapter shall apply to the
construction, alteration, movement, repair, maintenance and use of any
building, structure or premises into or within the wildland-urban interface
areas of the Town of Vail.
Exceptions:
Additions or alterations less than 500 gross square feet in
size.
2. Repair or replacement of less than twenty-five percent (25%)
of a deck surface or structure.
3. Accessory structures not exceeding 120 square feet in floor
area where located not less than 30 feet from buildings containing
habitable spaces.
4. Agricultural buildings located not less than 30 feet from
buildings containing habitable spaces.
Buildings or structures moved into or within the jurisdiction shall comply with
the provisions of this Chapter for new buildings or structures.
7A01.2 Objective. The objective of this Chapter is to establish minimum
regulations consistent with nationally recognized good practice for the
safeguarding of life and for property protection. Regulations in this Chapter
are intended to mitigate the risk to life and structures from intrusion of fire
from wildland fire exposures and fire exposures from adjacent structures
and to mitigate structure fires from spreading to wildland fuels. The extent
of this regulation is intended to be tiered commensurate with the relative
level of hazard present.
The unrestricted use of property in wildland-urban interface areas is a
potential threat to life and property from fire and resulting erosion.
Safeguards to prevent the occurrence of fires and to provide adequate fire
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protection facilities to control the spread of fire in wildland-urban interface
areas shall be in accordance with this Chapter.
This Chapter shall supplement the jurisdiction's building and fire codes to
provide for special regulations to mitigate the fire- and life -safety hazards of
the wildland-urban interface areas.
7A01.3 Additions or alterations. Additions or alterations shall be
permitted to be made to any building or structure without requiring the
existing building or structure to comply with the requirements of this
Chapter; provided that the addition or alteration conforms to that required
for a new building or structure.
SECTION 7A02 APPLICABILITY
7A02.1 General. Where there is a conflict between a general requirement
and a specific requirement, the specific requirement shall apply. Where, in
any specific case, different sections of this Chapter specify different
materials, methods of construction or other requirements, the most
restrictive shall apply.
7A02.2 Existing conditions. The legal occupancy or use of any building,
structure or condition existing on the date of adoption of this Chapter shall
be permitted to continue without change, except as is specifically covered
in the International Fire Code.
SECTION 7A03 COMPLIANCE ALTERNATIVES
7A03.1 Practical difficulties. Where there are practical difficulties involved
in carrying out the provisions of this Chapter, both the building official or fire
chief are authorized to grant modifications for individual cases upon
application, in writing, by the owner or owner's authorized agent. The
building official or fire chief shall first find that a special individual reason
makes enforcement of the provisions of this Chapter impractical, that the
modification is in conformance to the intent and purpose of this Chapter,
and that the modification does not lessen any fire protection requirements
or any degree of structural integrity. The details of any action granting
modifications shall be recorded and entered into the appropriate permitting
files.
7A03.2 Technical assistance. To determine the acceptability of
technologies, processes, products, facilities, materials and uses attending
the design, operation or use of a building or premises subject to the
inspection of the building official or fire chief, the building official or fire chief
are authorized to require the owner, the owner's authorized agent or the
person in possession or control of the building or premises to provide,
without charge to the Town, a technical opinion and report. The opinion and
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report shall be prepared by a qualified engineer, specialist, laboratory or fire
safety specialty organization acceptable to the code official and the owner
or the owner's authorized agent, and shall analyze the fire safety of the
design, operation or use of the building or premises, the facilities and
appurtenances situated thereon and fuel management for purposes of
establishing fire hazard severity to recommend necessary changes.
7A03.3 Alternative materials or methods. The provisions of this Chapter
are not intended to prevent the installation of any material or to prohibit any
design or method not specifically prescribed by this Chapter, provided that
any such alternative has been approved. An alternative material, design or
method shall be approved where the building official in concurrence with the
fire chief finds that the proposed design is satisfactory and complies with
the intent of the provisions of this Chapter, and that the material, method or
work offered is, for the purpose intended, not less than the equivalent of
that prescribed in this Chapter in quality, strength, effectiveness, fire
resistance, durability and safety. Where the alternative material, design or
method is not approved, the building official shall respond in writing, stating
the reasons why the alternative was not approved.
SECTION 7A04 SPECIAL BUILDING CONSTRUCTION REGULATIONS
7A04.1 General. Buildings and structures shall be constructed in
accordance with this Section, unless previously exempted in Section
7A01.1.
7A04.2 Fire -resistance -rated construction. Where this Chapter requires
1-hour fire -resistance -rated construction, the fire -resistance rating of
building elements, components or assemblies shall be determined in
accordance with the test procedures set forth in ASTM E 119 or UL 263.
Exceptions:
1. The fire -resistance rating of building elements, components or
assemblies based on the prescriptive designs prescribed in Section
721.
2. The fire -resistance rating of building elements, components or
assemblies based on the calculation procedures in accordance with
Section 722.
SECTION 7A05 IGNITION -RESISTANT CONSTRUCTION AND
MATERIAL
7A05.1 General. Buildings and structures hereafter constructed, modified
or relocated into or within wildland-urban interface areas shall meet the
construction requirements in accordance with ignition -resistant construction
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in accordance with Section 7A06. Materials required to be ignition -resistant
materials shall comply with the requirements of Section 7A05.2.
7A05.2 Ignition -resistant building material. Ignition -resistant building
material shall comply with any one or more of the following:
1. Material shall be tested on all sides with the extended ASTM
E 84 (UL 723) test or ASTM E 2768, except panel products shall be
permitted to test only the front and back faces. Panel products shall
be tested with a ripped or cut longitudinal gap of 1 /8 inch (3.2 mm).
Materials that, when tested in accordance with the test procedures
set forth in ASTM E 84 or UL 723 for a test period of 30 minutes, or
with ASTM E 2768, comply with the following:
1.1. Flame spread. Material shall exhibit a flame spread index not
exceeding 25 and shall not show evidence of progressive
combustion following the extended 30- minute test.
1.2. Flame front. Material shall exhibit a flame front that does not
progress more than 10 '/2 feet (3200 mm) beyond the
centerline of the burner at any time during the extended 30-
minute test.
1.3. Weathering. Ignition -resistant building materials shall
maintain their performance in accordance with this Section
under conditions of use. Materials shall meet the
performance requirements for weathering (including exposure
to temperature, moisture and ultraviolet radiation) contained
in the following standards, as applicable to the materials and
the conditions of use:
1.3.1. Method A "Test Method for Accelerated Weathering of
Fire- Retardant -Treated Wood for Fire Testing" in
ASTM D 2898, for fire- retardant -treated wood, wood -
plastic composite and plastic lumber materials.
1.3.2. ASTM D 7032 for wood -plastic composite materials.
1.3.3. ASTM D 6662 for plastic lumber materials.
1.4. Identification — materials shall bear identification showing fire
test results.
Exception: Materials composed of a combustible core and a
noncombustible exterior covering, made from either aluminum at a
minimum 0.019-inch (0.48 mm) thickness or corrosion -resistant steel
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at a minimum 0.0149-inch (0.38 mm) thickness shall not be required
to be tested with a ripped or cut longitudinal gap.
2. Noncombustible material. Material that complies with the
requirements for noncombustible materials.
3. Fire -retardant -treated wood. Fire -retardant -treated wood
identified for exterior use and meeting the requirements of Section
2303.2.
4. Materials meeting the following standards of quality.
4.1. SFM Standard 12-7A-1, Exterior Wall Siding and Sheathing.
A fire resistance test standard consisting of a 150 kW intensity
direct flame exposure for a 10-minute duration.
4.2. SFM Standard 12-7A-2, Exterior Windows. A fire resistance
test standard consisting of a 150kW intensity direct flame
exposure for an 8-minute duration.
4.3. SFM Standard 12-7A-3, Horizontal Projection Underside. A
fire resistance test standard consisting of a 300kW intensity
direct flame exposure for a10-minute duration.
4.4. SFM Standard 12-7A-4, Decking. A two-part test consisting
of a heat release rate (Part A) deck assembly combustion test
with an under deck exposure of 80 kW intensity direct flame
for a 3-minute duration and a (Part B) sustained deck
assembly combustion test consisting of a deck upper surface
burning ember exposure with a 12 mph wind for 40 minutes
using a 2.21b (1 kg) burning "Class A" size 12"x12"x2.25"
(300mm x 300mm x 57mm) roof test brand.
4.5. SFM Standard 12-7A-4A, Decking Alternate Method A. A
heat release deck assembly combustion test with an under -
deck exposure of 80kW intensity direct flame for a 3-minute
duration.
4.6. SFM Standard 12-7A-5, Ignition -resistant Material. A generic
building material surface burning flame spread test standard
consisting of an extended 30-minute ASTM E84 or UL 723
test method as is used for fire -retardant -treated wood.
SECTION 7A06 IGNITION -RESISTANT CONSTRUCTION
7A06.1 General. Ignition -resistant construction shall be in accordance with
Sections 7A06.2 through 7A06.11.
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7A06.2 Roof covering. All roof coverings shall comply with Chapter 15 of
this Code, as amended.
7A06.2.1 Roof valleys. Where provided, valley flashings shall be
not less than 0.019 inches (0.48 mm) (No. 26 galvanized sheet gage)
corrosion -resistant metal installed over a minimum 36-inch-wide
(914 mm) underlayment consisting of one layer of 72-pound (32.4
kg) mineral -surfaced, non -perforated cap sheet complying with
ASTM D 3909 running the full length of the valley.
7A06.3 Protection of Eaves. Eaves and soffits shall be protected on the
exposed underside by ignition -resistant building materials or by materials
approved for not less than 1-hour fire -resistance -rated construction, 2-inch
(51 mm) nominal dimension lumber, or 1-inch (25 mm) nominal fire -
retardant -treated lumber or 3/4 —inch (19.1 mm) nominal fire -retardant -
treated plywood, identified for exterior use and meeting the requirements of
Section 2303.2. Fascias are required and shall be protected on the back-
side by ignition -resistant building materials or by materials approved for not
less than 1-hour fire -resistance -rated construction or 2-inch (51 mm)
nominal dimension lumber.
7A06.4 Gutters and downspouts. Gutters and downspouts shall be
constructed of noncombustible material.
7A06.5 Exterior walls. Exterior walls of buildings or structures shall be
constructed with one of the following methods and all such material shall
extend from the top of the foundation to the underside of the roof sheathing:
1. Materials approved for not less than 1-hour fire -resistance -
rated construction on the exterior side.
2. Approved noncombustible materials.
3. Heavy timber or log wall construction.
4. Ignition -resistant building materials complying with Section
7A05.2 on the exterior side.
Exception: Combustible siding materials not complying with Section
7A05.2 may be used but shall not cover more than thirty-three
percent (33%) of a given wall and shall not be within 5 feet of finish
grade. Combustible siding which has a profile that may allow ember
intrusion such as wood shake or wood shingle is prohibited.
7A06.6 Underfloor enclosure. Buildings or structures shall have
underfloor areas enclosed to the ground with exterior walls in accordance
with Section 7A06.5.
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Exception: Complete enclosure shall not be required where the
underside of exposed floors and exposed structural columns, beams
and supporting walls are protected as required for exterior 1-hour
fire -resistance -rated construction or heavy timber construction or
fire -retardant -treated wood, if labeled for exterior use and meeting
the requirements of Section 2303.2.
7A06.7 Appendages and projections. Unenclosed accessory structures
attached to buildings with habitable spaces and projections, such as decks,
shall be not less than 1-hour fire -resistance -rated construction, heavy
timber construction or constructed of one of the following:
1. Approved noncombustible materials.
2. Fire -retardant -treated wood identified for exterior use and
meeting the requirements of Section 2303.2.
3. Ignition -resistant building materials in accordance with
Section 7A05.2.
7A06.8 Exterior doors. Exterior doors shall be constructed of approved
noncombustible materials, standard solid core wood not less than 1 3/4
inches thick (44 mm), or have a fire protection rating of not less than 20
minutes. Tempered glass doors are permissible.
Exception: Vehicle access doors.
7A06.9 Vents. Attic ventilation openings, foundation or underfloor vents, or
other ventilation openings in vertical exterior walls and vents through roofs
shall not exceed 144 square inches (0.0929 m2) each. Such vents shall be
covered with noncombustible corrosion -resistant materials with openings
not to exceed 1/4inch (6.4 mm),or perforated noncombustible materials with
perforations not to Exceed 1/4 inch(6.4mm) or shall be designed and
approved to prevent flame or ember penetration into the structure.
7A06.9.1 Vent locations. Attic ventilation openings shall not be
located in the inner two thirds of soffits, eave overhangs, or other
overhang areas. Gable end and dormer vents shall be located not
less than 10 feet (3048 mm) from lot lines. Underfloor ventilation
openings shall be located as close to grade as practical.
7A06.10 Detached accessory structures. Detached accessory structures
located less than 30 feet (15 240 mm) from a building containing habitable
space shall have exterior walls constructed with materials approved for not
less than 1-hour fire- resistance -rated construction, heavy timber, log wall
construction, or constructed with approved noncombustible materials or
ignition resistant building materials in accordance with Section 7A05.2. The
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fire -retardant -treated wood shall be labeled for exterior use and meet the
requirements of Section 2303.2.
7A06.10.1 Underfloor areas. Where the detached structure is
located and constructed so that the structure or any portion thereof
projects over a descending slope surface greater than ten percent
(10%), the area below the structure shall have underfloor areas
enclosed to within 6 inches (152 mm) of the ground, with exteriorwall
construction in accordance with Section 7A06.5 or underfloor
protection in accordance with Section 7A06.6.
Exception: The enclosure shall not be required where the
underside of exposed floors and exposed structural columns,
beams and supporting walls are protected as required for
exterior 1-hour fire -resistance -rated construction or heavy -
timber construction or fire -retardant -treated wood on the
exterior side. The fire -retardant -treated wood shall be labeled
for exterior use and meet the requirements of Section 2303.2.
7A06.11 Spark arrestors. Chimneys serving fireplaces, barbecues,
incinerators or decorative heating appliances in which solid or liquid fuel is
used, shall be provided with a spark arrester. Spark arresters shall be
constructed of woven or welded wire screening of 12 USA standard gage
wire (0.1046 inch) (2.66 mm) having openings not exceeding '/2 inch (12.7
mm).
7A06.11.1 Net free area. The net free area of the spark arrester shall
be not less than four times the net free area of the outlet of the
chimney.
Section 2. Section 10-1-3 of the Vail Town Code is hereby amended by the
addition of the following amendment to the International Residential Code, 2018 edition,
to appear in numerical order:
Section R302.15 Additional fire -resistive construction requirements: A
new Section R302.15 is adopted to read as follows:
R302.15 Additional fire -resistive construction requirements.
The provisions of Chapter 7A of the International Building Code, as
adopted and amended, shall apply to the construction, alteration,
movement, repair, maintenance and use of any building, structure or
premises within the wildland-urban interface area of the Town of Vail.
Exceptions:
1. Additions or alterations less than 500 gross square feet
in size.
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2. Repair or replacement of less than twenty-five percent
(25%) of a deck surface or structure.
3. Accessory structures not exceeding 120 square feet in
floor area where located not less than 30 feet from buildings
containing habitable spaces.
4. Agricultural buildings located not less than 30 feet from
buildings containing habitable spaces.
Buildings or structures moved into or within the jurisdiction shall
comply with the provisions of this Chapter for new buildings or
structures.
Section 3. Section 12-11-1 of the Vail Town Code is hereby amended by the
addition of the following new Subsection D(6):
6. Balance the design and aesthetic desires of the community and the
economy of Vail as an international resort destination with the need to
protect the community from the risk of wildland fire.
Section 4. Section 12-11-3(C) of the Vail Town Code is hereby amended as
follows:
C. Nonconforming Sites and Structures; Effect of Design Guidelines-
1 . Buildings and sites which are not in conformance with the
design guidelines, due to annexations or changes in code provisions
(i.e., legal non conformities), shall be required to conform with the
design guidelines when allowable gross residential floor area
(GRFA) (the GRFA that is permitted by the density control section of
various zone districts), qross floor area, commercial floor area, or
garage area credit is added to any existing structure or site. Nothinq
in this code shall be deemed to retroactivelv reauire conformance
with desiqn guidelines for existina buildinas or sites unless
specifically reauired by this code.
5. Additions or alterations of less than 500 sauare feet of aross
floor area shall be exempt from conformance with Section 14-10-5(B)
and 14-10-8(B) of this Code but shall reauire design review. For
additions of 500 sauare feet or areater of aross floor area, the
addition and impacted landscapina shall comply with Section 14-10-
5(B) and 14-10-8(B) of this Code.
Section 5. Section 12-11-4(C)(1)(f) of the Vail Town Code is hereby amended
as follows:
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f. Landscape Plan: A landscape plan drawn at a scale of one -inch
equals twenty feet (1" = 20) or larger. The landscape plan shall show
locations of existing trees or groups of trees having trunks with diameters
of four inches (4") or more at one foot (1') above natural grade that are
proposed to be removed. Shrubs and other native plants proposed to be
removed shall be indicated. The landscape plan shall show trees and other
native plants proposed to be retained and methods to be utilized for the
purpose of protecting existing vegetation, the location and design of
proposed landscaped areas, irrigation systems, the varieties and sizes of
plant materials to be planted therein, and the location and design of
swimming pool areas, patios, play areas, recreation facilities, and other
usable open space. The landscape plan shall show the mature canor)v of
trees and shrubs after fifteen (15) vears of growth. The landscape plan shall
be accompanied by a landscape materials list specifying size and quantity
of plant materials and a report of the condition of the existing vegetation
upon the site. The landscape plan shall include sufficient detail to provide a
reliable basis for estimating the amount of a performance bond
guaranteeing installation and maintenance of the improvement if required
by the Town.
Section 6. Section 12-21-1 of the Vail Town Code is hereby amended as
follows:
The purpose of this Chapter is to help protect the inhabitants of the Town
from dangers relating to development of floodplains, avalanche paths,
steep slopes, wildfire hazard areas and geologically sensitive areas; to
regulate the use of land areas which may be subject to wildfire, flooding
and avalanche or which may be geologically sensitive; and to further
regulate development on steep slopes; to protect the economic and
property values of the Town, to protect the aesthetic and recreational
values and natural resources of the Town, which are sometimes
associated with floodplains, wildfire hazard areas, avalanche areas and
areas of geological sensitivity and slopes; to minimize damage to public
facilities and utilities and minimize the need for relief in cleanup operations;
to give notice to the public of certain areas within the Town where
floodplains, wildfire hazard areas, avalanche areas and areas of geologic
sensitivity exist; and to promote the general public health, safety and
welfare.
Section 7. Section 12-21-2 of the Vail Town Code is hereby amended by the
addition of the following new definition, to appear in alphabetical order:
WILDFIRE HAZARD AREA: An area at elevated risk to public safety from
wildland fire. Wildfire hazard areas contain or are surrounded by
vegetation, live or dead, which has the potential to burn and cause public
safety hazards. The entirety of the Town of Vail lies within a wildfire hazard
area.
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Section 8. Section 12-21-3 of the Vail Town Code is hereby amended as
follows:
The Town Manager shall formulate and develop master hazard plans for
the Town. Said hazard plans shall be based on engineering studies and
shall indicate the location of known floodplains, avalanche, wildfire hazard
areas and geological hazard zones of influence, known red and blue
avalanche and geological hazard areas, and forty percent (40%) slope
areas. In addition, the plans may show any other information or data
deemed to be desirable by the town manager. Maximum citizen
participation during the formulation of the master hazard plans as well as
other phases of the information implementation of the hazard studies and
regulations shall be encouraged. The purpose of the master hazard plans
is to identify and alleviate present and future problems created by the
construction of improvements in the hazard areas within the Town by
means of presenting in an orderly fashion the general data and information
which are essential to the understanding of the relationship between the
hazards and improvements located within said areas. The master hazard
plans may be altered from time to time to conform to new information or
existing conditions.
Section 9. Chapter 21 of Title 12 of the Vail Town Code is hereby amended by
the addition of the following new Section 12-21-16:
12-21-16: RESTRICTIONS IN WILDFIRE HAZARD AREAS
The entirety of the Town of Vail lies within a wildfire hazard area. The
natural vegetation surrounding and throughout the community is
dependent on wildfire for regeneration and ecosystem health. The
ecosystem is dependent upon infrequent, high severity stand replacing
wildfire. Wildfires of this character can carry over many thousands of acres
and burn for several weeks. Besides substantial flaming fronts, fires of this
nature frequently send large quantities of embers miles outside of the main
fire perimeter igniting additional spot fires. Due to the long and narrow
layout of the Town, no location within the Town limits is outside the
potential ember fall area from a wildfire.
Structures built within the Town shall be constructed and landscaped in a
manner to resist ignition from wildfire flames and embers. Specific
requirements for ignition resistant construction and landscaping are in Title
10, Chapter 1; Title 12, Chapter 11; and Title 14, Chapter 10 of this Code.
Section 10. Section 14-2-1 of the Vail Town Code is hereby amended by the
addition of the following new definition, to appear in alphabetical order:
FLOOR AREA, GROSS: The total floor area within the enclosing walls of a
structure including without limitation the following:
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A. Areas specifically designed and used for mechanical
equipment to operate the building;
B. Stairways;
C. Elevators;
D. Common hallways;
E. Common lobbies;
F. Common restrooms;
G. Areas designed and used for parking;
H. Areas designed and used as storage which do not have direct
access to an individual office or retail store, not to exceed five percent (5%)
of the total proposed net floor area for office and not to exceed eight percent
(8%) of the total proposed net floor area for retail; and
I. Areas that may be deducted from the gross residential floor
area per Section 12-15-3 of this code.
"Common areas" are spaces for which all occupants in the building
contribute toward the upkeep and maintenance thereof and are not
used for employee working areas.
Section 11. Section 14-10-3(D) of the Vail Town Code is hereby amended as
follows:
D. All areas disturbed during construction shall be revegetated.
Replacement of disturbed soils and vegetation shall comply with Section
14-10-8 of this Code. If necessary, the design review board may designate
allowable limits of construction activity and require physical barriers in order
to preserve significant natural features and vegetation upon a site and
adjacent sites during construction.
Section 12. Section 14-10-5(B) of the Vail Town Code is hereby repealed and
reenacted to read as follows:
B. Ignition Resistant Materials: The use of ignition resistant building
materials and designs intended to prevent the spread of fire are required,
unless otherwise exempted by Section 12-11-3 this Code. Vail Fire and
Emergency Services is available to provide more information on the use of
ignition resistant materials and designs. Predominantly natural building
materials shall be used within the Town. The exterior use of wood, wood
siding, native stone, brick, concrete, stucco, and EIFS may be permitted.
Concrete surfaces, when permitted, shall be treated with texture and color;
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however, exposed aggregate is more acceptable than raw concrete. The
exterior use of the following siding materials shall be prohibited: stucco or
EIFS with gross textures or surface features that appear to imitate other
materials, simulated stone, simulated brick, plastic and vinyl.
1. The exterior use of any building material, including those not
specifically identified by this Section, shall only be permitted, unless
otherwise prohibited by this Code, where the design review board
finds:
a. That the proposed material is satisfactory in general
appearance, quality over time, architectural style, design,
color, and texture;
b. That the use of the proposed material complies with the
intent of the provisions of this Code; and
C. That the use of the proposed material is compatible
with the structure, site, surrounding structures, and overall
character of the Town.
2. The provisions of this Paragraph B shall apply to the
construction, alteration, movement, repair, maintenance and use of
any building, structure or premises within the Town, unless otherwise
exempt by Section 12-11-3 of this Code. Buildings or structures
moved into or within the Town of Vail shall comply with the provisions
of this Code for new buildings and structures.
3. Repair or replacement of twenty-five percent (25%) or less of
a deck surface or support structure is exempt from the ignition
resistant requirements of this Paragraph B.
4. Combustible siding, as defined in the Town's adopted building
codes, may be used as long as it does not cover more than thirty-
three percent (33%) of a given wall (excluding windows, doors and
other openings) and may not be within 5 feet of the ground level.
Combustible siding which has a profile that may allow ember
intrusion such as wood shake or wood shingle is prohibited.
Section 13. Section 14-10-5(G) of the Vail Town Code is hereby amended by the
deletion of Paragraph 3(d).
Section 14. Section 14-10-8 of the Vail Town Code is hereby amended as
follows:
A. Various natural vegetation zones exist within the Gore Valley as a
result of the form and aspects of the land itself. The north facing slopes
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within the valley are typically heavily wooded with spruce, pine and aspen
and generally receive less direct sunlight than the drier south facing slopes
which typically consist of sage, aspen and other vegetation tolerant of drier
conditions. The valley floor which is adjacent to Gore Creek consists of a
wide variety of trees and shrubs adapted to the relatively fertile soil and
natural availability of water.
The goal of any landscape plan should be to preserve and enhance the
natural landscape character of the area in which it is to be located and serve
as an aid in fire prevention and protection. The landscape scale and overall
landscape design shall be developed so that new vegetation is integral with
the natural landscape and the inherent form, line, color and texture of the
local plant communities. SiREe the The major objective of the landscaping
is to help reduce the scale of new structures, to assist in the screening of
structures, to reduce the risk to life and structures from the intrusion of fire
from wildland fire exposure and fire exposures from adiacent structures, and
to mitigate structure fires from spreading to wildland fuels.-41+e The planting
of large -sized, well -spaced plant materials is encouraged. Fire wise plant
materials are eRGeuF ged required due to their ability to resist fire. Trees
should shall be maintained through limbing and pruning in order to prevent
limbs from being too close to structures and other plant materials. Special
care should be taken in selecting the types of plants to use when designing
a landscape plan. Final selection should be based upon the soils and
climate, ease of establishment, suitability for the specific use desired, ability
to deter the spread of fires and the level of maintenance that can be
provided. New planting shall use plants that are indigenous to the Rocky
Mountain alpine and subalpine zones or are capable of being introduced
into these zones.
A recommended list of plant materials, some indigenous to the Vail area, is
on file with the department of community development. Also indicated on
the list are fire wise plant materials which are suitable for planting within the
Vail area. The minimum sizes of landscape materials acceptable are as
follows:
Required trees:
Deciduous 2-inch caliper
Conifers 6 foot
Required #5-gallon container
shrubs Foundation shrubs shall have a minimum height of 18 inches at
time of planting.
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B Landscape design shall be developed to locate new plantings iR
„FdeF to extend existing Ganopy edger „r nlain natural looking groups
and shall be designed and installed in conformance with the Vail Fire and
Emergencv Services Fire -Resistant Landscapinq quidelines, unless
exempted by Section 12-11-3 of this Code. Geometric plantings, evenly
spaced rows of trees, and other formal landscape patterns shall be avoided.
J. All plantings must be mulched with materials as listed in the Vail Fire
and Emerqencv Services Fire -Resistant Landscaping quidelines, unless
otherwise exempt per Section 14-10-5 B 12-11-3 of this Code.
L. Defensible space shall be created and maintained in an area
extendinq from the perimeter or proiection of the building or structure to a
radius of 100 feet or the lot lines, whichever is less. Defensible space and
landscapinq shall comply with Vail Fire and Emergencv Services Fire -
Resistant Landscapinq quidelines.
Section 15. Section 14-10-10(B) of the Vail Town Code is hereby amended as
follows..
B. Accessory buildings generally should be attached to the main
building either directly or by means of a continuous wall, (epee or similar
feature of the same or a complementary material as the main building's
exterior finish.
Section 16. The changes adopted by this Ordinance shall be effective for all
Building Permit Applications received by the Town of Vail's Community Development
Department on or after , 2020.
Section 17. If any part, section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 18. The amendment of any provision of the Vail Town Code in this
Ordinance shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
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Section 19. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this day of
2019 and a public hearing for second reading of this Ordinance is set for the day of
, 2019, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2019.
Dave Chapin, Mayor
ATTEST:
Tammy Nagel, Town Clerk
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