Idea of county building code sparks argument

Idea of county building code sparks argument

July 17, 2001

By Jim Mimiaga
Journal Staff Writer

Requiring standard building codes improves public safety and the realestate market, but too many rules threaten private property rights and anger citizens.

That’s the message the Montezuma County commissioners laid out to a group of builders and real-estate agents seeking uniform building codes for county residences. At the request of the commission, members of the Home Builders Association returned with photo documentation of poor construction and code violations within the county.

Insufficient setbacks, nonexistent or poor foundations in unstable soils, questionable framing and jerry-rigged electrical work endanger the public and need to be prevented, the group of 15 implored.

The problem signals the need for implementing uniform building codes, said Jim Candelaria, association member and builder.

"UBC codes do not prevent a landowner from building on his own," Candelaria emphasized. "The codes insure buildings are built safely, on stable soils, and are up to minimum standards."

Realtors argued that without enforced codes and inspections, buyers are put at risk, because no one can be sure of construction quality. Likewise, banks need assurances that builders are qualified and will be held accountable to industry standards when construction loans are applied for, said lender Bob Whitcomb.

"We do not want our community red-flagged by the state regulators or by insurance companies," he said.

The commissioners were agreeable to the benefits, but were hesitant to adopt regulations carte blanche without extended deliberations from everyone affected.

"The horror stories I’ve heard from La Plata County on the hoops it takes to simply build a barn are sad, and I will not go there," warned Commissioner Gene Story. "People move to Montezuma County because we do not over-regulate, so I am not going to throw a bunch of new ones out there."

"If people want to build a three-story pink house, then they can build a three-story pink house, but it has to be sound construction," added O.K. Doty, of Colorado Jaynes Construction.

Builder Bill Blair said that it is just a matter of time before Colorado’s population surge hits Montezuma County.

"We’re seeing people moving down from Telluride and from Durango where it’s expensive, so dealing with this early on will be far better than when it becomes overwhelming," Blair said.

Story said that any new rules need to accommodate everyone, whether a first-time homebuilder, professional, or a farmer putting up a storage shed. He said the commission will move carefully on implementing building codes, noting that the county still "needs to improve" enforcement of land-use codes already on the books, such as residence limits on county land parcels.

Commercial buildings in the county require construction to UBC standards according to the Montezuma County Land-Use Code, but so far those specific criteria have not been established. The specifics are forthcoming, the commission said.

Any county building department for residences would piggyback with Cortez’s in a cost-share scenario, Story said.

Commissioner Kelly Wilson said the poor especially need leeway and time to adhere to building codes because they cannot afford to build all at once.

"The opportunity to put up a starter house and then build on over time is common, and I’ve been there," Wilson said. "Because of low wages, these young people often take 10 years before their family home is completed and that needs to be respected, not penalized."

Cortez building inspector Wade Green said that codes are not just for do-it-your-selfers.

"I see it with contractors and with homeowner-built, like high porches with no railing, or foundation footers that are too shallow," Green said. "A lot of it is education."

"We all make mistakes," agreed Candelaria. "I like to be inspected that way I know I’m good to go for sure."

The concept of new rules is a boiler-plate issue for traditional Montezuma County residents, a bastion of private property rights. But if done methodically with public involvement, community consensus is possible, said Commissioner Kent Lindsay.

"When we passed the land-use code in 1998, there were five people in the room, but when we had the hearings the room was always packed so that goes to show the effort that went into compromise."

When regulations are forced, the result is community backlash and distrust. Although described as a "bad rumor" at Monday’s meeting, a proposed Cortez ordinance limiting homowner-built projects landed the Home Builders Association in hot water in 1999.

The law would have limited Cortez homeowners to one structural project (for instance, adding a room or garage) every three years, and only so many non-structural (for instance, painting or carpeting) each year. Any more required a licensed contractor to be hired.

After public outcry, the city council, many of whom were unaware of the proposed ordinance ramifications, nixed it.

Montezuma County’s sense of freedom from government intervention should be upheld, stopping short of community detriment, said Dave Reineke.

"That’s understood and people’s rights need protected, but safety also needs that same attention," said Reineke, alluding to the old adage, "one person’s junk is another’s treasure."

"Seeing a new home is nice, and then viewing the neighbor’s jalopy junkyard can be bad, but heck, I’d like to have one of them old cars, and if you don’t like it, look up and enjoy the nice mountain scenery we have."

A committee of up to 12 members will be formed to outline parameters of possible county building codes, the commissioners decided after lengthy discussion. Members will represent various factions of the community, and hold public meetings, a process expected to take up between six months and one year. Recommendations will be made to the commissioners, who will then hold more public hearings on the issue before voting on any new rules.