Earth Protect Blog

By Noelle Phillips

The Denver Post

The Louisville City Council on Tuesday night decided to allow people who lost homes in the Marshall fire to opt out of new green building codes after hundreds of residents voiced fears that the requirements would increase the cost of rebuilding in an already expensive housing market.

The decision came after a 4 ½- hour meeting during which dozens of people spoke about the building codes, sometimes choking back tears as they talked about the uncertainty and stress of recovering from the Dec. 30 wildfire.

In general, residents agreed that climate change is a global disaster and it can be blamed for the Marshall fire, but they pleaded with their elected officials to give them a financial break. The debate put the focus on a conflict between saving the environment and harsh economic realities.

In October, Louisville became the first city in Colorado to adopt the most upto-date green building codes that would require home owners to use solar energy, install electric vehicle charging stations and upgrade their windows, siding, insulation and heating and cooling systems to the most energy-efficient standards on the market. All new homes must reach a net-zero carbon footprint, meaning they reduce as much greenhouse gas emission as they create.

The new green building codes will remain in effect for everyone else in the city. The opt-out option will only apply to people who owned their homes on Dec. 30 when the fire tore through town.

People who buy empty lots where homes once stood will not be allowed to opt out.

Louisville now will have the same building code requirements as neighboring Superior where 378 homes were destroyed. Superior’s Town Council on Monday adopted the 2021 building codes for all new home construction but gave Marshall fire survivors the choice to opt out.

Many of the 550 Louisville residents who lost homes in the fire said the new building codes would increase the cost of construction to the point that rebuilding would be unaffordable even though City Council commissioned a report that showed less than a $20,000 cost increase. Residents said homebuilders were giving them much higher estimates.

Already, many residents do not have enough insurance on their destroyed homes to cover the cost to rebuild in today’s market. The price of materials, a labor shortage and supply chain disruptions during the pandemic have sent the cost of new home construction to historic highs.

On Monday, Xcel announced a rebate program to help residents pay for the energy efficient appliances and construction materials, and SunShare, a Denverbased solar company, said it would create a financial incentive for people to subscribe to a solar farm to offset the solar energy requirements.

Marc Hughes, whose home on Eldorado Lane was destroyed in the Dec. 30 Marshall fire, told council his family would struggle to rebuild even without the more strict code requirements. He asked council to roll back the requirements to the 2018 codes, which were still in place eight weeks before the fire. “We are really struggling to pay for this,” Hughes said. “Incentives … we have to put up money to get these rebates with money we don’t have. I’m stressed out. I don’t sleep at night. We want help. I want relief from the code. I want to rebuild my house to the code that existed eight weeks before my house was reduced to a smoking pit.”

Louisville Mayor Ashley Stolzmann acknowledged the anger and grief that residents feel. She read a list of benefits council already approved for fire survivors, including covering a portion of debris removal costs, waiving a tap fee on water lines and eliminating building permit fees. She said all of those breaks would result in savings when people begin rebuilding their homes.

She also recapped projects that remain in progress that the city hopes will provide incentives and financial breaks for family.

“While there are many things in the works I realize that does not create a sense of security for you,” Stolzmann said.

Stolzmann led the charge to find financial incentives, grants and rebates to help pay for the green building codes. Multiple council members asked that the incentives stay in place, hoping residents eventually will decide to build to the 2021 standards.

“Putting some of that choice in their hands is what we need to do,” council member Chris Leh said.

Louisville also will repeal an ordinance that required home sprinkler systems for all newly built homes. That also should save residents money as they rebuild their homes. Noelle Phillips: 303-954-1661, This email address is being protected from spambots. You need JavaScript enabled to view it. or @Noelle_Phillips