Cortez Journal

Countywide UBC may be put to vote

Aug. 7, 2001

By Jim Mimiaga
Journal Staff Writer

Asking voters to decide whether homes outside city limits need uniform building standards may be the best way to handle the contentious matter, the Montezuma County commissioners suggested Monday.

Currently only new commercial, industrial and public buildings require UBC standards or other uniform standards, according to the county’s land-use code.

But the Home Builders Association of Southwest Colorado — made up of contractors, builders and real-estate agents — has been pressuring the commission to adopt minimum building standards for residential homes to insure public safety and to protect the housing market.

HBA member Jim Candelaria said Monday the organization is not necessarily seeking standards for outbuildings such as barns and chicken coops. "But minimum standards are needed for homes, and I think that is acceptable if the outbuildings are left out," he said.

During raucous public hearings preceding the adoption of the land-use code in July 1998, there was heavy opposition to building codes for homes. Those requirements were subsequently left out of the final land-use code as a compromise.

Critics worry that over-zealous regulations would penalize do-it-yourself homeowners, who could be forced to buy more materials or hire a contractor familiar with the code in order to complete a project.

But supporters counter that codes can be kept to bare minimums. They add that insuring adequate foundations and structural, electrical and plumbing work benefits the public at large.

"There were a lot of people against it then (in 1998). Who knows if that is still the case," Commissioner Kent Lindsay said. "But I’m leaning towards putting the question on the ballot to let the public decide, because the problem with a lot of these hearings is that some people do not speak up."

But criticism against initiating enforceable construction codes re-surfaced Monday when landowner Miscelle Allison advocated keeping uniform codes on a voluntary basis.

"What’s next — a mandate on what underwear is allowed?" she quipped. "These codes set a dangerous precedent."

A vote on the matter would be non-binding, at any rate, said county attorney Bob Slough.

"The election advises the commission on what the public wants, and when it goes forward, they can still decide whether to do it or not," he said.

A non-binding ballot question approved by voters in 1994 prompted the commissioners to adopt a county comprehensive plan in the first place.

Amendments to the land-use code would still have to go through the public-hearing process, and then be voted on by the county commissioners.

The county does not have a building-inspection department, and has yet to begin enforcing codes for commercial or industrial construction outlined in the land-use code. Once a department is started, it will piggy-back onto the Cortez inspection system under an intergovernmental agreement.

Content of the ballot question must be submitted to the county clerk by Sept. 12 in order to make the November election.

Copyright © 2001 the Cortez Journal. All rights reserved.
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