Chapter 15.52 - Residential Code Adopted

Chapter 15.52 - Residential Code Adopted

15.52.010 Adoption of the 2021 International Residential Code.

The following ordinance was adopted by the Pueblo City Council on May 22, 2023, is on file with the Clerk for the Board of Commissioners, and is adopted and incorporated by reference as part of the Pueblo County Building Code pursuant to C.R.S. § 30-28-201:

Ordinance No. 10468, an ordinance amending Chapter 6 of Title IV of the Pueblo Municipal Code Relating to Building Regulations and adopting the 2021 International Residential Code Relating to Building Regulations for One- and Two- Family Dwellings Published by the International Code Council, Inc., and providing penalties and remedies for the violation thereof. (Res. 23-130 § 1)

15.52.020 Title.

The ordinance and code adopted in this Resolution shall be a part of and cited as the "Pueblo County Residential Code," and are referred to in this resolution as "the Code." (Res. 23-130 § 2)

15.52.030 Purpose.

The purpose of the Code is to provide minimum standards to protect the public health and safety by controlling and regulating buildings, structures, and equipment including, but not limited to electrical, plumbing, heating, ventilation comfort cooling, refrigeration systems; signs and sign structures; elevators, dumbwaiters, and escalators; boilers and pressure vessels; plumbing and drainage systems; single and multiple dwellings; business and commercial buildings and structures; electrical conductors and equipment; and the storage and handling of hazardous materials in the County of Pueblo. The Code is also to provide uniform codes, consistent with and generally conforming to similar ordinances and regulations throughout the City of Pueblo. The Board of County Commissioners also intends to act with the City Council of the City of Pueblo to promulgate procedures and to establish boards of review as provided in the Code. (Res. 23-130 § 3)

15.52.040 Scope.

The provisions of the Code and the other codes adopted by reference shall apply to the construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, use, storage, height, area, maintenance, installation, inspection, design, operation, testing, handling, erection, and fabrication of equipment, structures, and buildings within the County of Pueblo; except work located in a public way, public utility towers and poles, mechanical equipment not specifically regulated in the Code, and hydraulic flood control structures. Where, in any specific case, different sections of the Code, the County zoning resolution, or any other resolution of the County or other governmental body specify different requirements, the most restrictive provision shall govern. (Res. 23-130 § 4)

15.52.050 Exemption.

Pursuant to C.R.S. § 30-28-201(1), 12-115-107(2) and 12-155-106, except for provisions addressing electrical and plumbing matters, buildings or structures used for the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry are exempted from the Code. All provisions of the Code apply to agricultural buildings and structures unless expressly exempted from the Code. (Res. 23-130 § 5)

15.52.060 Designated Area.

The Code shall apply to all unincorporated areas in Pueblo County. (Res. 23-130 § 6)

15.52.070 Changing City Terms to County Terms.

Whenever reference is made in the Code, including the codes adopted by reference, to "City Council," this shall be construed to mean "County Commissioners." Whenever reference is made in the Code to "ordinance," the same shall be construed to be "resolution." Whenever reference is made in the Code to "City Clerk," the same shall be construed to be "County Clerk." Whenever reference is made in the Code to "City," the same shall be construed to be "County." Whenever reference is made in the Code to "Municipal Court," the same shall be construed to be "County Court." Whenever reference is made to City Public Works Department, the same shall be construed to be "County Public Works Department." (Res 23-130 § 7)

15.52.080 Nonliability.

The adoption of this resolution shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or nonenforcement of this resolution or the Code. No person, firm, corporation, or other entity shall have any private right of action, claim, or civil liability remedy against the County of Pueblo, the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees or agents of such bodies or entities, for any damage arising out of or in any way connected with the adoption, enforcement, or nonenforcement of this resolution or the Code. Nothing in this resolution or in the Code shall be construed to create any liability, or to waive any of the immunities, limitations on liability, or other provisions of the Governmental Immunity Act, C.R.S. §24-10-101, or to waive any immunities or limitations on liability otherwise available to the County of Pueblo or the Pueblo Regional Building Department, or their commissions, boards of review, or officers, employees or agents of such bodies or entities. (Res. 23-130 § 8)

15.52.090 Severability.

If any part, section, subsection, sentence, clause or phrase of this resolution or the Code is held to be invalid, such decision shall not affect the validity of the remaining portions of this resolution or the Code. (Res. 23-130 § 9)

15.52.100 Repeal.

All ordinances, resolutions, regulations and building codes of Pueblo County are repealed and superseded to the extent the same are inconsistent or in conflict with any term or provision of the Code. However, if the Code, this resolution, or any part of either is declared invalid, so that after such declaration of invalidity a building code for any matter covered in the Code shall not be in effect, the previous building or plumbing code covering the same matter shall not be deemed to have been repealed and shall be deemed reenacted and in effect. (Res. 23-130 § 10)

15.52.110 Violations.

As provided in C.R.S. § 30-28-210, any person, firm or corporation violating any provision of the Code may be subject to a civil penalty, imposed by order of the county court, in an amount of not less than five hundred dollars nor more than one thousand dollars. Each day after issuance of the county court order during which such unlawful activity continues shall he deemed a separate violation subject to a continuing penalty in an amount not to exceed one hundred dollars for each day. Any civil penalty ordered by the county court may be collected as provided in C.R.S. § 30-28-110. In case any building or structure is, or is proposed to be, erected, constructed, reconstructed, altered, or remodeled, used, or maintained in violation of any provision of the Code,  the Pueblo County Attorney, pursuant to C.R.S. § 30-28-209 and in addition to other remedies provided by law, may institute an injunction, mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance, or use. (Res. 23-130 § 11)