County rejects UBC

County rejects UBC

August 16, 2001

A NEW HOME rises from a development on Mildred Road. The county commissioners Monday rejected requests from area builders to require that all new homes in the county be built to code.

By Jim Mimiaga
Journal Staff Writer

Following passionate speeches from audience members on the importance of protecting private property rights, the Montezuma County commissioners agreed not to require uniform building codes for county homes.

"The (codes for) residential (buildings) will stay on a voluntary basis, but a certification system will be devised so that those who want codes and inspections can get that on the record for that home," said Commissioner Gene Story.

That did little to appease members of the MontDolores HomeBuilders Association, which had been lobbying for a mandatory UBC for residential structures in the county in order to improve public safety, encourage uniformity, and protect the real-estate market.

Commercial and government buildings in the county must be built to the UBC and undergo inspection, but residential dwellings, barns and outbuildings do not have to be.

While proponents were visibly disheartened, the decision was seen as a victory by members of the Southwest Colorado Landowners Association, a property-rights activist group.

"Thank you. I agree with your viewpoints on protecting our constitutional rights to private property," said Sherman Zwicker.

Story and the commissioners said they received a flood of phone calls on the issue. "People were fearful of the bureaucracy that comes with it," Story said. "Regulations for foundations and soil-testing are probably important, but then you bring in the next and the next and when does it end?"

Adminstrator Tom Weaver said that the county did not have the funding or staffing to set up a building-inspection department. "You need someone to take the calls, do the paperwork, conduct the inspections, but the money is not there."

HBA President Jim Candelaria said the county could adopt different codes that were less restrictive than the standard 1997 UBC system, and utilize the Cortez building department to cut costs. Cortez uses the UBC and conducts inspections for foundations, structure, insulation, soil, plumbing and electrical wiring.

"Is this too much? I do not think it is too extreme," Candelaria said.

"For many people, that is too extreme," Story responded.

Opponents of more regulation generally took the "buyer, beware" stance.

"When you sell a cow, it is sold as is. There are no regulations that require some documentation of how it was raised," Zwicker said.

Lenders said that banks need to know that the investment is well-made and that many homes are financed through a secondary market loan such as the FHA, USDA and HUD, which require UBC documentation.

Neva Kindred said that building codes benefit real-estate agents and builders trying to sell houses, but for the average homebuilder, they can be cumbersome and expensive.

"You know, there are some people that actually plan to live in the home they build, not sell it for profit," Kindred remarked. "We have no objection if the HBA wants to build to UBC, that’s fine and their choice, buyers will gravitate to those homes. But why do they care that we agree also? It is not right to force it on people that do not want it."

Don Dennison was especially peeved at the prospect of an inspector coming onto private property uninvited to enforce the codes. Reading from UBC documents adopted by Cortez, Dennison cited enforcement authority giving inspectors the right to enter private property.

"They will have the same power as police but without a warrant and without the accountability," Dennison said. "According to the UBC, violators can be jailed up to 90 days for not complying with code."

"They can flat say you can’t live in your own house if they decide it," added Kindred. "Plus it implies that if left to their own devices, a person will not do the right thing, but what homebuilder will not build a house that is safe for his own family?"

The commission plans to meet with lenders, real-estate agents, builders and the HBA to devise a mechanism whereby county houses can be certified through the county and lending institutions as being built to code on a voluntary basis.

"Let’s formulate something here for the builder who wants to be UBC-certified, but not take away the choice for those who do not want that regulation," Story said.