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the Boulder Building Performance Ordinance in Boulder

Boulder’s prescriptive requirements, and the two filings nobody expects.

Boulder asks for audits, lighting upgrades and retrocommissioning rather than a numeric target, and because there is no deemed compliance a covered building files with both the city and the state.

No obligation. We will tell you if you do not need us.
the Boulder Building Performance Ordinance at a glance
Regime Prescriptive Audits, lighting and retrocommissioning on a schedule, not an energy target to hit.
Coverage Commercial and industrial only Condominiums, cooperatives and residential multifamily are outside the ordinance.
Deemed compliance None A covered commercial building files with the city and the state, and pays the state fee.
Residential rentals SmartRegs SmartRegs applies to individually rented units, never to the association.

Dates and thresholds change. We confirm the current requirement for your specific building before anyone acts on it.

What the standard actually asks of a building.

Boulder is prescriptive rather than performance based. Instead of asking whether the building hits a number, it asks whether specific work has been done on schedule: energy audits, lighting requirements and retrocommissioning. That makes compliance a project management exercise more than an analytical one.

The scoping surprise is that there is no deemed compliance. A covered commercial building in Boulder has a city obligation and a state obligation, and the state fee is payable on top. Two filings, one building.

The coverage line is equally important in the other direction. A Boulder condominium at 50,000 sq ft is outside the city ordinance entirely and owes the state programme alone, which is a materially smaller scope than owners expect.

What decides your outcome
Commercial and industrial only
Condominiums, cooperatives and residential multifamily are outside the ordinance. That is a real scope reduction for the right building.
No deemed compliance
Covered commercial buildings file with the city and the state, and the state fee still applies.
Prescriptive, not numeric
Audits, lighting and retrocommissioning on a schedule. Compliance is about completing work, not hitting a target.
The services behind this page

How we get you to the standard

Establish the position, choose the route, then document the work.

1
Establish the real position
Verified floor area, clean data, and the gap to the standard expressed in the terms the programme actually uses.
2
Model the options
The prescriptive requirements scheduled against your capital calendar, with incentives applied so the required work is not paid for at full price.
3
Sequence the work
Measures ordered against your capital plan and your board calendar, with incentives factored in rather than left on the table.
4
Document as you go
Every measure, invoice and audit recommendation captured while it is happening. Reconstructing this later is the expensive way.
5
File and follow through
City filing and state filing both completed, with the prescriptive work documented as it is performed.
The exposure, honestly

The risk here is scope confusion, in both directions.

Commercial buildings frequently miss the second filing, because the absence of deemed compliance is counterintuitive when neighbouring jurisdictions have it.

Residential buildings frequently over-comply, spending money on a city obligation that does not apply to them. Establishing which side of the line you are on is the first hour of work.

Received a letter?

What a Boulder notice usually means.

Boulder letters are usually about the prescriptive schedule.

Send us the letter
Building Performance Ordinance notice
A benchmarking filing, audit, lighting or retrocommissioning requirement is due. The ordinance covers commercial and industrial buildings only.
State programme correspondence
Because Boulder has no deemed compliance, a covered commercial building receives state letters too and owes the state fee.

Send us the letter itself, not a summary. We read it for the six things that decide the response: who sent it, which building and identifier it names, what period it covers, what it says you failed to do, the cure date, and whether it is a first notice or an escalation. We never quote a running penalty total, and we cure first, then talk to the regulator.

Why boards bring us in

Performance standards are where the money is, and where bad advice is most expensive.

Built for boards
Most of our clients are condo and co-op boards and the managers who serve them. We present in plain English, on your meeting schedule.
We read the primary sources
Twenty-six jurisdictions, each with its own portal, deadline and enforcement style. We work from the ordinance, the regulator’s FAQ and the covered building list, not from last year’s memory.
Credentialed
Certified Energy Manager on staff, Portfolio Manager specialists, and the credentials the verification work requires.
One accountable partner
We are not engineers and we do not pretend to be. We manage the process, coordinate the right vendors, and own the outcome.
Owners and managers we work with
FirstService Residential Legum & Norman EJF Real Estate Services Comsource Management Barkan Management Howard University Regency Centers Montgomery County Green Bank

Questions about the Boulder Building Performance Ordinance

No. The Building Performance Ordinance covers commercial and industrial buildings only. A Boulder condominium at 50,000 sq ft owes the state programme alone.

No. Boulder has no deemed compliance, so a covered commercial building files both and pays the state fee.

A separate residential rental requirement that applies to individually rented units rather than to an association. It is often confused with the commercial ordinance and it should not be.

Keep reading

The pages that usually matter next for a Boulder building.

Annual filing Benchmarking in Boulder The annual filing, what is reported, and how we keep the record clean. Everything we do here Full services in Boulder Everything Honeydew manages here, compliance and energy services together.
What is BEPS? All Honeydew services Every region we serve Latest rule changes on the blog

Know your position before the next deadline.

A first call gets you the gap, the realistic options, and what each one costs. No obligation.

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