Colorado § 30-28-205 - County building inspector - permit required - appeal.

§ 30-28-205. County building inspector - permit required - appeal.

(1) The county building inspector, as authorized in section 30-28-114, may be authorized by the board of county commissioners to administer and enforce the building code adopted pursuant to this part 2; and the board of county commissioners shall fix a reasonable schedule of fees for the issuance of building permits by the county building inspector. After the adoption of the building code, it shall be unlawful to erect, construct, reconstruct, alter, or remodel any structure, dwelling, or building in the designated area, except buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry without first obtaining a building permit from the county building inspector. The county building inspector shall not issue any permit unless the plans for the proposed erection, construction, reconstruction, alteration, or remodeling fully conform to the regulations and restrictions in the building code.

(2) No permit fee provided for pursuant to the provisions of subsection (1) of this section shall be charged unless an inspection is actually made by such inspector who is fully qualified to perform the required type of inspection.

(3) The county building inspector shall not issue any permit unless the plans and specifications for such proposed erection, construction, reconstruction, alteration, or remodeling conform to the regulations and restrictions in said building code. All such proposed erection, construction, reconstruction, alteration, or remodeling shall bear the seal of an architect or engineer licensed by the state of Colorado, unless the preparation of plans and specification is exempted by section 12-120-403. Such plans and specifications prepared by architectural or engineering subdisciplines shall be so designated and shall bear the seal and signature of the architect or engineer for that subdiscipline.

Source: L. 45: p. 244, § 5. L. 47: p. 366, § 1. CSA: C. 45B, § 5. CRS 53: § 36-15-5. C.R.S. 1963: § 36-15-5. L. 73: p. 473, § 4. L. 86: (3) added, p. 610, § 11, effective July 1. L. 2006: (1) amended, p. 235, § 3, effective July 1; (3) amended, p. 762, § 23, effective July 1. L. 2019: (3) amended, (HB 19-1172), ch. 136, p. 1719, § 215, effective October 1.

ANNOTATION

General assembly did not intend in § 30-28-114 and subsection (1) of this section to limit schedule of fees for county building permits to direct costs of operating building department. Indirect costs, including, for example, services furnished by county manager, county attorney's office, the assessor's office, and various other divisions of county government may be calculated in determining overall costs required to operate that department for purposes of imposing fees for building department services. Fees generated must generally approximate the overall costs of operating the building department to prevent the fees from constituting an unlawful tax in violation of the state constitutional provision mandating uniform property taxation. Bainbridge, Inc. v. Bd. of County Comm'rs, 964 P.2d 575 (Colo. App. 1998).

On remand, trial court correctly concluded that general governmental expenses relating to growth management are recoverable from builders under subsection (1) of this section and § 30-28-114 through permit fees charged as indirect costs. Evidence demonstrated that growth has driven the costs of the county's building department. The evidence also supports the finding that the fees charged by the building department were approximately required to offset the direct and indirect costs of operating the department. Mathematical exactitude is not required. Thus, it was permissible for part of the growth costs to be allocated to the building department as indirect costs. Bainbridge, Inc. v. Bd. of County Comm'rs, 53 P.3d 646 (Colo. App. 2001).