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Second Regular Session
Sixty-first General Assembly
LLS NO. 980677.01D BJA
HOUSE BILL 981310
STATE OF COLORADO
BY REPRESENTATIVE Sullivant
A BILL FOR AN ACT
CONCERNING THE ESTABLISHMENT OF FEES BY BOARDS OF
COUNTY COMMISSIONERS FOR THE ISSUANCE OF BUILDING PERMITS.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Authorizes the board of county commissioners to fix a reasonable schedule of fees for the issuance of building permits. Requires that the fees not exceed the county's actual and direct costs of examining construction plans and specifications and inspecting buildings or structures for conformance with building code regulations.
Authorizes the board of county commissioners to create a reserve building inspection fund. Provides that fees collected in excess of total costs shall be credited to such fund. Establishes a cap for such fund. Requires the board of county commissioners to reduce the amount of fees collected if the reserve building inspection fund reaches the cap. Allows the board to draw on the fund to cover total operating costs if the total costs actually incurred exceed the fees collected for services.
Defines "actual and direct costs".
Makes conforming amendments.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 3028114, Colorado Revised Statutes, is amended to read:
inspector permits. (1) The
board of county commissioners may provide for the enforcement
of the zoning regulations by means of the withholding of building
permits, and, for such purpose, may establish and fill a position
of county building inspector and may fix the compensation attached
to said position, or may authorize one or more administrative
officials of the county to assume some or all functions of such
position in addition to their customary functions.
board may also fix a reasonable schedule of fees for the issuance
of such permits. After the establishment
of such position and the filling of the same, it shall be unlawful
to erect, construct, reconstruct, alter, or change the use of
any building or other structure within the unincorporated territory
covered by such zoning regulations without obtaining a building
permit from such county building inspector. Such building inspector
shall not issue any permit unless the plans for the proposed erection,
construction, reconstruction, alteration, or use fully conform
to all zoning regulations then in effect.
(2) THE BOARD OF COUNTY COMMISSIONERS MAY ALSO FIX A REASONABLE SCHEDULE OF FEES FOR THE ISSUANCE OF BUILDING PERMITS. THE FEES ESTABLISHED BY THE BOARD SHALL NOT EXCEED THE COUNTY'S ACTUAL AND DIRECT COSTS OF EXAMINING CONSTRUCTION PLANS AND SPECIFICATIONS AND INSPECTING BUILDINGS OR STRUCTURES FOR CONFORMANCE WITH BUILDING CODE REGULATIONS.
(3) (a) THE BOARD OF COUNTY COMMISSIONERS MAY CREATE A FUND, TO BE KNOWN AS THE RESERVE BUILDING INSPECTION FUND, THAT SHALL INCLUDE ALL FEES COLLECTED IN ACCORDANCE WITH SUBSECTION (2) OF THIS SECTION AND SECTION 3028205 THAT ARE IN EXCESS OF THE TOTAL COSTS THE COUNTY ACTUALLY INCURRED IN A GIVEN BUDGET YEAR FOR PROVIDING THE SERVICES DESCRIBED IN SUBSECTION (2) OF THIS SECTION. IF THE BOARD OF COUNTY COMMISSIONERS CREATES A RESERVE BUILDING INSPECTION FUND, THE FEES COLLECTED IN EXCESS OF TOTAL COSTS ACTUALLY INCURRED UNDER SUBSECTION (2) OF THIS SECTION SHALL BE CREDITED TO SUCH FUND UNTIL THE FUND, INCLUDING ANY ACCRUED INTEREST, REACHES AN AMOUNT EQUAL TO THE TOTAL COSTS ACTUALLY INCURRED FOR THE SERVICES PROVIDED IN SUBSECTION (2) OF THIS SECTION FOR THE PREVIOUS BUDGET YEAR. AT SUCH TIME AS THE RESERVE BUILDING INSPECTION FUND HAS REACHED THE PERMITTED AMOUNT UNDER THIS PARAGRAPH (a), THE BOARD OF COUNTY COMMISSIONERS SHALL REDUCE THE FEES COLLECTED UNDER THIS SUBSECTION (2) AND SECTION 3028205 BY AN AMOUNT THAT WILL MAINTAIN THE RESERVE BUILDING INSPECTION FUND AT OR BELOW THE PERMITTED AMOUNT.
(b) IF, DURING A BUDGET YEAR, THE TOTAL COSTS ACTUALLY INCURRED FOR PROVIDING THE SERVICES IN SUBSECTION (2) OF THIS SECTION EXCEED THE FEES COLLECTED FOR SUCH SERVICES, THE BOARD OF COUNTY COMMISSIONERS MAY DRAW ON THE RESERVE BUILDING INSPECTION FUND TO COVER THE TOTAL OPERATING EXPENSES ACTUALLY INCURRED FOR PROVIDING SUCH SERVICES.
(4) FOR PURPOSES OF THIS SECTION, "ACTUAL AND DIRECT COSTS" MAY INCLUDE AN AMOUNT DEDICATED TO THE RESERVE BUILDING INSPECTION FUND IF THE BOARD OF COUNTY COMMISSIONERS HAS ESTABLISHED SUCH FUND IN ACCORDANCE WITH SUBSECTION (3) OF THIS SECTION AND AN EQUITABLE SHARE OF THE ADMINISTRATIVE COSTS DIRECTLY ATTRIBUTABLE TO THE SERVICES PROVIDED UNDER SUBSECTION (2) OF THIS SECTION.
SECTION 2. 3028205 (1) and (2), Colorado Revised Statutes, are amended to read:
3028205. County building inspector permit required appeal. (1) The county building inspector, as authorized in section 3028114, may be authorized by the board of county commissioners to administer and enforce such building code, and the board of county commissioners shall fix a reasonable schedule of fees for the issuance of building permits by said county building inspector IN ACCORDANCE WITH SECTION 3028114 (2). After the adoption of such 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 such county building inspector. The county building inspector shall not issue any permit unless the plans for such proposed erection, construction, reconstruction, alteration, or remodeling fully conform to the regulations and restrictions in said 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. THE FEES CHARGED FOR SUCH INSPECTION SHALL NOT EXCEED THE ACTUAL AND DIRECT COSTS, AS DEFINED IN SECTION 3028114 (4), OF INSPECTING BUILDINGS OR STRUCTURES FOR CONFORMANCE WITH BUILDING CODE REGULATIONS.
SECTION 3. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.