Erie Town Council Study Session – March 31, 2026: Energy Code, Penalties, Sidewalk & Camping Ordinances
Erie Town Council Study Session – March 31, 2026
The Town Council held a study session on March 31, 2026, to discuss several proposed code updates and policy ordinances. Key topics included adopting the 2024 International Energy Conservation Code (IECC) to maintain local control ahead of a state deadline, consolidating municipal penalty provisions to comply with recent Colorado Supreme Court rulings, and two proposed ordinances regulating sitting/lying in public rights-of-way and unauthorized camping. The council provided clear direction on each item, with the energy code update moving forward and the two social ordinances not being pursued at this time.
Discussion Items
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Energy Code Update (2024 IECC, NEC, Fire Code)
Deputy Building Official Joel (with Troy Autlinsky, Chief Building Official from Shumscoda) presented a proposal to adopt the 2024 IECC with electric-ready, solar-ready, and EV-ready amendments (as mandated by state law), along with the 2026 National Electric Code and the 2024 International Fire Code (already adopted by Mountain View Fire Protection District). Staff recommended this path to maintain flexibility before the June 30, 2026 deadline, after which any code update would require adoption of the state’s more stringent model low energy carbon code (MLECC). Alternatives included the MLECC and the Metro Cohort Code, but staff noted increased complexity, training needs, and uncertain construction costs. Estimated cost savings for the 2024 IECC vs. 2021 IECC in climate zone 5 were $6,600 for an all-electric home and $3,700 for a mixed-fuel home. The Home Builders Association letter recommended adopting the 2024 IECC with no amendments, but staff noted state mandates require amendments. Councilmember Pro Tem asked about EV-ready requirements, and staff clarified pre-wiring for future chargers. The council expressed support for staff’s direction; no dissension was voiced. The item will appear on the April 14 regular agenda. Mayor Pro Tem also noted the retirement of Ed, who served over 10 years and modernized the town’s energy codes. -
General Penalty Ordinance (Code Consolidation)
Town Attorney Brina explained the need to update Title 1, Section 1-4-4 (general penalty) to comply with two December 2025 Colorado Supreme Court cases (involving Denver and Aurora) that require equivalent penalties for municipal and state criminal offenses. The ordinance consolidates all sentencing provisions scattered throughout the code into a single location for clarity. Councilmember Barrett asked about fines for non-criminal violations (e.g., oil and gas), and the attorney clarified that the ordinance primarily addresses criminal offenses; non-criminal fines are moved to Section 1-4-4 but unchanged. Councilmember also inquired about language in Section 3-6-4-7 regarding “throwing missiles” and whether it covers scooters/skateboards; the attorney noted it is on a longer-term modernization list. The council expressed general comfort, and the ordinance will be brought forward for a vote soon. -
Proposed Ordinance: Sitting or Lying Down in Public Right-of-Way
The council reviewed a draft ordinance prohibiting sitting or lying in public rights-of-way, with exemptions for medical emergencies, mobility devices, commercial activities, and town-provided amenities. The attorney noted it was a policy-setting discussion. Chief of Police stated the department receives about 50 welfare-check calls over six months but the issue is primarily on private property (e.g., shopping centers), not public rights-of-way. Councilmember expressed concerns about unintended consequences, such as criminalizing homelessness and creating a cycle of fines and arrests. She cited research showing a 69% increase in family homelessness and that targeted interventions can reduce veteran homelessness by 16%. The council agreed the ordinance is not needed now and could cause more harm. The consensus was not to move forward. -
Proposed Ordinance: Unauthorized Camping
The council discussed a draft ordinance banning camping on public and private property without written permission. The attorney noted the U.S. Supreme Court case (Grants Pass) overturned the Ninth Circuit’s “shelter bed” requirement, making such ordinances enforceable. The chief explained that the department has not seen large encampments in Erie, but neighboring communities have. Councilmember thought the ordinance could be a future tool for safety at highway interchanges, while others felt it was a solution to a nonexistent problem. The council decided not to move forward but agreed to keep it on the radar.
Key Outcomes
- Energy Code Update: Council directed staff to proceed with the 2024 IECC adoption (with amendments) and the 2026 NEC and 2024 IFC, to be placed on the April 14 regular agenda for a vote.
- General Penalty Ordinance: Council expressed support; ordinance will be brought forward for formal adoption.
- Sitting/Lying Ordinance: No action taken; council decided not to pursue the ordinance.
- Unauthorized Camping Ordinance: No action taken; council decided not to pursue at this time.
- Retirement: Deputy Building Official Ed was recognized for his 10.5 years of service; his retirement is effective the end of the week.
Meeting Transcript
Um tonight is the study session. Um it's about that formal to get going on a study session. So Joel, I'll turn it over to you. Mr. Mayor, Mayor Proton, Town Council for the opportunity to share just this discussion this evening. I'm the deputy building official here at the town. Um joined here by Autlinsky, who is the um chief building official. Uh, is uh with Shumscoda, and he'll be assisting us with any technical questions you may have. Uh, the purpose of our study session uh is to have a discussion on code updates to the national lectures code, the international fire code, but more specifically the energy code updates. We're also like to highlight that any uh code up adoptions that happen after June 30th of this year, um, we'll reduce our options and made it mandate us to a minimum adoption of the state's model low energy carbon code. Um we want to make sure we get changed or July 1 if we want to make great so we lose control basically if we do nothing. We have less control, yes. Okay, absolutely. Uh our goal is to provide council with clear options and gather feedback. Uh, to be clear, staff's recommendation is one of several paths forward as it pertains to the energy code. So, quick overview. Uh, the building division is proposing the adoption of the 2024 International Energy Conservation Code. Uh, other options include the state's model low energy carbon code and the metro cohorts model code as well. We believe adopting the 2024 IECC provides the town with a practical, timely path forward, minimizing retraining of staff, does not require plan revisions from our customers, uh, no re-reviewing of plans by our staff, and at the same time, providing increased efficiency and reduced costs. Your feedback tonight will inform our upcoming ordinance. Um, the scope of and the intent of this update. We're we're opting for a focused update rather than a full code overhaul. The energy code update alliance with the town's adopted sustainability and comprehensive plans that we stay on the most recent energy codes updating on a three-year cycle. Our goal is to reduce disruption to our staff and our building partners while still making measurable efficiency gains into the built environment. We want to address this now in order to get ahead of the state's mandated updates, given giving the town maximum flexibility. Our goal is to make this update prior to June 30th, 2026 deadline. Any updates to any codes after that date triggers requirements to adopt the state's model low energy carbon code or something even more stringent, but not less stringent. Acting now gives the town an opportunity to pursue a more flex, more flexible and locally controlled path forward. So, our proposed update, we're recommending adopting the 2024 IECC with uh electric and solar ready provisions as mandated by the state, and our currently adopted codes include strengthening amendments to simplify enforcement and provide some electric preferred provisions. These two would be similar to what we currently have in our code. We also want to adopt the 2026 National Electric Code to align with state requirements, and the 2024 International Fire Code as recently adopted by Mountain View Fire Protection District. The benefits the 2024 IECC versus the 2021 IECC improves energy efficient while at the same time reducing long-term operating costs and uh reducing building costs. This represents a balanced step forward, meaning the town sustainability goals without introducing significant upfront cost impacts. The alternatives. It is an all-electric preferred leaning stretch code aimed at strength significantly higher efficiency and electrification. Option two, the Metro Cohort Code that's been developed by the Metro Regional Energy Code Cohort, a collaboration of local jurisdictions in the Denver metro area. The group's primary mission is to standardize building energy codes to reduce greenhouse gas emissions and achieve zero emissions for new construction by 2030. This code goes further and is more restrictive than the state's code. Both these codes come with added complexity, limited compliance tools, and additional staff training needs. If I can provide a few examples of what I mean here, example number one, although both codes are built upon the 2024 IECC, they include significant amendments that substantially modify the requirements. As building officials, we have significant access to resources put together by the International Code Council to help us with code interpretations. Things like interpretation manuals, code commentaries, illustrated handbooks, technical support, evaluation reports, and our state chapter. The same resources would not necessarily be available to our staff should we adopt these other codes. Issue number three, some of the compliance tools designers use to determine compliance with the energy codes, such as rescheck and com check. Designers have free access to these Department of Energy compliance softwares. They determine code compliance based on the codes that are being used. As of today, this software would not necessarily be compatible with the model oil energy carbon code or the cohorts code. These other codes can create greater uncertainty around construction costs and implement implementation in the near term. With newer codes being more complex by including tiered requirements for based on the size of a home, the fuel types, and on-site power production, it becomes more challenging to enforce. Specialized staff are needed, and at this point, I don't believe that our town is ready for that for that challenge.
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