Post-fire rebuilding – first draft of new County regulations

On Thursday, September 30th, Boulder County government held another update meeting for homeowners and the design and construction community on the status of potential regulations for rebuilding efforts after the Fourmile fire.  The new regulations regarding building permits, site plan review, septic systems and waste disposal were discussed.  Most of the meeting was consumed with discussions and complaints about the State of Colorado's recent clarifications to waste disposal regulations for potentially asbestos containing material.

Cleanup, Demolition & Deconstruction

The State's latest directive on this will require that buildings that have been completely destroyed by the fire be treated as assuming asbestos contamination.  Because of the degraded nature of the building materials, no testing will be sufficient to prove, or disprove, the presence of asbestos containing material.  The following procedures will be required:

• Materials must be wetted to minimize dust; packaged inside a double 6-mil plastic sheeting liner in an end-dump roll-off with the sheeting completely closed over the material once the roll-off is loaded.
• The roll-off can only be taken to designated landfills.
• The landfill must be contacted prior to moving the material to confirm waste acceptance and initiate waste profile.
• Contractors should consult OSHA regulations to determine required training and personal protective equipment that will be required for those handling this material.

These regulations have only recently (within the last week) issued and have come as quite a surprise to homeowners, contractors and the County.  Some folks have already begun filling up roll-offs that may have to be off-loaded and reloaded under the new restrictions.  The number of loads will be significantly increased, greatly adding to the cost of cleanup.  This is an especially egregious regulation for structures built after 1984 when asbestos was no longer used in building materials.

Additional items:

• In addition, metals can be recycled, but must first be "rinsed".  I am not sure at this time if this water would then have to be treated or not.
• Foundation removal will require a State demoliton permit.
• Deconstruction will not be required although strongly encouraged.
• No Boulder County permits or fees are required for cleanup.

Site Plan Review, Building Permitting

There will be three-tier system for rebuilds:

1. For rebuilding in the same basic location, at the same size and height, no Site Plan Review will be required for 2 years, extending the current regulation from 6 months.
2. For rebuilding in the same location but adding up to 10% of the existing building area, there will be a 2 week streamlined review process.
3. For rebuilding in a significantly different location or of larger size or height, the normal Site Plan Review process will be required.

Additional planning items:

• The 2009 IRC code will come into effect in January and will be the acting code at that time.  All rebuilds will have to meet building codes.
• Sprinklers will be required for any structures larger than 3,600 square feet and this provision may change with the adoption of the new codes.
• TDCs (Transferable Development Credits) will be available for properties rebuilding under the size threshold.
• The County's BuildSmart program will apply to all rebuilds, although there may be some modification for properties requiring renewables because of a building area trigger.

These planning provisions are not final.  A draft of the provisions listed above will be issued next week, presented to Planning Board on October 2oth and the County Commissioners on the 21st.  These are public meetings and you should attend if you would like to be heard.