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Upcoming Bill to Delay WUI Code Implementation
We are hearing from local governments across the state who are finding it difficult if not impossible to adopt the model code by the deadline of April 1, 2026, given the work that is required to get them there. We are trying to raise the volume of local governments reaching out to their legislative delegations and others about the need for an extension of time to implement.
At the same time our growing coalition is working to refine the Code to (1) eliminate inconsistencies with the International Wildland Urban Interface Code (IWUIC) and (2) address unintended consequences, which are creating a supply chain problem and increasing building costs.
- Key Points: The code is a significant departure from established national wildfire code standards. It is the first wildfire resiliency code in the US that does not align with the model codes of the International Wildland-Urban Interface Code (IWUIC). This introduces inconsistencies in defensible space requirements, structure hardening philosophy, and material performance criteria compared to widely accepted best practices. The code removes 37% of the siding product from the market, which we believe will have a significant impact on housing costs. Additionally, the code prohibitions are inconsistent in allowing combustible material (vinyl) but prohibiting material shown to have similar wildfire resistance to cement board, all without recognizing the importance of wall assembly and defensible space with regard to wildfire resiliency.
Here are (1) a Fact Sheet and (2) the Coalition Requested Changes - these were developed to help policy makers and the Wildfire Resiliency Code Board (WRCB) understand the concerns being raised and the reasonable suggested solutions, which will: strengthen the code, ensure no inconsistencies, and continue to promote wildfire resiliency. We are working on a comprehensive set of recommendations for modifications to the CWRC to better align with IWUIC and address the problems we have identified. This will illustrate that we are not looking to undermine the code, but rather make it workable for Colorado.
Our overarching goals are to:
- Reinstate performance-based options recognized in IWUIC.
- Remove exceptions that permit combustible materials (e.g., vinyl) near/on structures.
- Clarify technical requirements for ignition-resistant materials and fire-retardant-treated wood.
Our policy request is to:
- Delay the local government implementation deadline, to allow for the needed continued refinement of the Code - ensure alignment with IWUIC and address unintended consequences.
- Provide an immediate mechanism to revisit the policy, rather than waiting for the 3-year review.
- Ensure policy is a balanced approach that thoroughly weighs benefits and costs.
- Provide a mechanism for appeal - for products and other interested parties.
- The significance of this policy change warrants reporting to the Legislature on progress during the annual SMART Act hearings.
Adopt 2024 ICC Codes by July 1, 2026
CAHB has heard from several local jurisdictions who continue to have reservations about adopting Colorado’s new Model Low Energy and Carbon Code (MLECC). CAHB is advising local home builder associations to encourage and work with municipalities planning to adopt the 2024 ICC codes to consider completing those adoptions prior to July 1, 2026.
Any jurisdiction that adopts or updates a building code after July 1, 2026, is required to also adopt the Model Low Energy and Carbon Code, or a more stringent standard. This requirement is triggered by the adoption of any building code, regardless of whether the update is energy related.
For communities already planning to move to the 2024 ICC codes, adopting before this deadline allows them to update their codes without automatically triggering a mandatory adoption of the state energy code (MLECC). Local associations are recommended to keep this timing consideration in mind and to work with city and county staff and elected officials to ensure decision-makers are aware of the implications tied to when the 2024 ICC codes are adopted.
For inquiries related to this from outside the Denver Metro area, please contact Ted Leighty – ted@hbacolorado.com. For Denver Metro area questions, please contact Albert Bozoki – abozoki@hbadenver.com.
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