Photo: Avanti Food and Beverage, 3200 N. Pecos St.

Development news from Community Planning and Development (CPD)

In this issue, you will find:

• New Energize Denver Ordinance requirements become effective in 2023
• 2022 draft building code available for review
• You're invited! Join us for a virtual code adoption briefing on Nov. 8
• Recommendation to extend affordable housing compliance date for single-family/duplex projects
• Bureau Veritas joins dozens of new CPD staff in plan review
• Wastewater Sewer Use and Drainage Permit annual fee update for 2023
• Watch A City Imagined: A Historic Evening with Denver Mayors
• ICYMI: Recaps from our last newsletter

New Energize Denver Ordinance requirements become effective in 2023

Buildings are responsible for 49% of Denver’s greenhouse gas emissions. New rules, like the Energize Denver ordinance passed last year, will help curb these emissions. 

The Energize Denver ordinance, which was passed by Denver City Council on Nov. 22, 2021, establishes partial electrification requirements for space and water heating and cooling equipment upon system replacement and performance requirements for all existing buildings that reduce energy use 30% by 2030. 

Electrification requirements upon system replacement.

The transition to efficiency, electric, renewable heating and cooling will cost-effectively bring many benefits to Denverites by providing improved access to air conditioning as temperatures rise, improved safety by reducing exposure to carbon monoxide, and increased resiliency to climate change by reducing methane emissions. 

Starting March 1, 2023, most customers applying for space or water heating or cooling system permits will need to apply for a 2-day, commercial walk-through review. We will no longer issue quick permits for this work. The review will require two of the following for traditional air conditioners or gas systems: an electrification feasibility report, right-sized equipment, or a gas pipe leakage test with repairs to any leaks. Details about what will be required upon replacement of different traditional system types, and how evaluate partial electrification strategies and permit a heat pump instead on March 1, 2023, will be available soon at www.denvergov.org/energizedenver.    

Performance requirements for all existing buildings.

The Energize Denver Ordinance also establishes Energy Use Intensity (EUI) targets for buildings over 25,000 sq. ft. Buildings must meet a final EUI target by 2030, with interim targets in 2024 and 2027. The compliance pathways are flexible enough for building owners to choose the method that best suits their needs and budgets. Buildings between 5,000 and 24,999 sq. ft. will be required to install 90% LED lights, or install solar panels, or purchase off-site solar.

A public hearing will be held to adopt updated Rules and Regulations Governing the High-Performing Existing Buildings Program at 3:00 p.m. on Thursday, November 17, 2022, via Zoom. Final draft rules and all hearing information can be found on the Energize Denver Hub. Please submit any comments in writing to [email protected] by close of Business on Wednesday, November 16, 2022.

Considering going electric?

Incentives are available for commercial and multifamily buildings for electrification feasibility reports and pilot projects. Visit the Building Incentives webpage for more information, frequently asked questions, and to apply for an incentive.

Proposed building code amendments to enforce requirements

In order to align with the city’s Energize Denver Ordinance, the following proposed 2022 Denver Building and Fire Code amendments will become effective March 1, 2023, earlier than the rest of the code, for commercial and multifamily buildings.

IECC Chapter 2 definitions:

ELECTRIFICATION RETROFIT FEASIBILITY REPORT. A means report that analyzes the feasibility of using an electric heat pump when certain appliances are proposed to be replaced without an electric heat pump, and that also lists the following: the cost of the appliance with and without an electric heat pump, the annual energy cost of the appliance with and without an electric heat pump, and the social cost of carbon dioxide over the life of the appliance with and without an electric heat pump.

EMERGENCY EQUIPMENT REPLACEMENT. Where only one piece of heating equipment, cooling equipment, ventilation system, or service water heating equipment is failing and is replaced by another having the same heating or cooling capacity, and no other alterations are made to the central HVAC system or central water heating system. 

IECC Section C503.3.2 is added as follows:

C503.3.2 Low-Nitrogen Emissions. When an indoor gas-fired warm air furnace is replaced with another gas-fired warm air furnace, the new furnace shall meet one of the following:

1. Low-nitrogen dioxide emissions shall not exceed 14 nanograms of nitrogen dioxide per joule of useful heat delivered to the heated space.
2. An Annual Fuel Utilization Efficiency of not less than 90 percent.

Exception: Indoor gas-fired make-up air units are not required to comply with this section.

IECC Section C503.3.3 is added as follows:

C503.3.3 Partial electrification for space heating requirements. When a gas-fired warm-air furnace is replaced with a gas-fired warm-air furnace, two of the following are required; when a unitary air conditioner or condensing unit serving a heated space is replaced with another unitary air conditioner or condensing unit, one of the following is required:

1. An Electrification Retrofit Feasibility Report.
2. The equipment shall be sized per Section C403.3.1.
3. All gas piping connected to the gas meter serving the replaced warm-air furnace shall be tested per Section 406 of the IFGC.

Exceptions:

1. This section shall not apply when equipment is replaced as an Emergency equipment replacement.
2. This section shall not apply to the replacement of gas-fired boilers used for space heat.

C503.4.1 Electrification for service water heating requirements. When a gas-fired storage water heater or instantaneous water heater is replaced with another gas-fired storage water heater or instantaneous water heater, one of the following is required:

1. Provide an Electrification Retrofit Feasibility Report.
2. All gas piping connected to the gas meter serving the replaced gas-fired water heater shall be tested per Section 406 of the IFGC.

Exceptions:

1. This section shall not apply when equipment is replaced as an emergency equipment replacement.

Review the draft 2022 Denver Building & Fire Code & the 2022 Denver Green Code

After a year-long public building code drafting process, the proposed draft of the 2022 Denver Building and Fire Code is available for review. Please note: The draft Denver Energy Code and draft 2022 Denver Green Code will be available in the coming weeks. The final proposed Denver Building and Fire Code and Denver Green Code are expected to move through the legislative process this winter and become effective approximately four months after their adoption date.

Join us for a code adoption briefing

Learn about the most relevant updates and changes to the 2022 Denver Building & Fire Code and 2022 Denver Green Code. We will also highlight key changes related to the new Energize Denver Ordinance requirements. Ample time for Q&A will be provided as well as ICC and AIA HSW continuing education credit. View event details.

Tuesday, November 8

4-6 p.m.

Register via Zoom

On June 6, 2022, Denver City Council voted to approve the Expanding Housing Affordability (EHA) policy. This policy will create more affordable housing options for our workforce as well as increase funding for Denver’s Affordable Housing Fund. Single-family/duplex projects were able to continue under the existing rules if they had a building permit submitted and paid all applicable plan review fees by June 30, 2022; AND a building permit approved and issued by December 31, 2022.

Due to the significant delay in residential building permit plan review times, we are requesting to change December 31, 2022, to June 16, 2023, which will provide these single-family and duplex residential projects more time to obtain building permits before higher linkage fees take effect.

Bureau Veritas begins reviewing residential permit applications

We understand the hardship incurred by applicants because of the delay in residential plan review times and addressing it has been our top priority. After aggressive hiring all summer, 88 people have joined the CPD team or been promoted. In addition, we've hired a third-party plan review consultant, Bureau Veritas, which is prioritizing residential plan reviews and adding much-needed capacity to this review group. We've also added new technology and staff to field the high volume of status inquiries from customers. Though these efforts, our goal is to significantly reduce the backlog by the end of Q1 2023.

Wastewater / Sewer Use and Drainage Permit (SUDP) fee update for 2023

Before any building or construction may begin, a developer/owner must provide adequate storm and sanitary sewer services to the development site. Every year, wastewater permitting from the Department of Transportation and Infrastructure (DOTI) adjusts SUDP fees to account for inflation. Please note that all SUDP permits issued and/or paid for on or after January 1, 2023, will need to follow the new fee schedule.

A City Imagined: A Historic Evening with Denver Mayors

Since Federico Peña first inspired residents to “Imagine a Great City” almost 40 years ago, Denver’s mayors have helped build a major modern city in America’s Rocky Mountain West. Watch former mayors Federico Peña, Wellington Webb, and Senator John Hickenlooper gather with Mayor Michael Hancock to discuss the last four decades and how their work has shaped our growing capital city. The conversation was facilitated by Laura E. Aldrete, Executive Director of Denver Community Planning and Development. 

ICYMI:

Recaps from our last newsletter

• Denver hires a chief urban designer - read the Westword article

• Become a decision-maker on the Denver Building Code Board of Appeals. View qualifications and apply now

• In July, we partnered with the Urban Land Institute (ULI), the University of Colorado Denver, the Auraria Higher Education Campus, and the Downtown Denver Partnership, for a panel discussion on reimagining Speer Blvd. to make it safer for pedestrians, cyclists, and public transportation. Watch a recording of the panel discussion (~ 2 hours, opens in YouTube)

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