Building Code Board of Appeals Minutes 1998

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Statute that this is a matter of State wide concern, and this is why we are passing the Statute,which deals uniformly with the issues. With regard to the area of plumbing there really is not that type of statement. There is a statement which says that the State Plumbing Board has to adopt a Colorado State Plumbing Code. That code is a minimum standard, it is not the absolute standard. What that means is that local governments can adopt their own version of the plumbing code, as long as it is as least as restrictive as the State Code. I do think that we have the authority to adopt a different type of code, say the International Plumbing code, as long as that code is at least as restrictive as what the State has adopted. The statute has a statement that the State Plumbing Board is supposed to adopt a Colorado Plumbing Code which shall represent the minimum standards for installation, alteration and repair of plumbing equipment and systems throughout the State. It also says that local governments shall be permitted to amend the code,which we presume to be the State Code,when adopting a Plumbing Code It does specifically state the code That would lead one to believe that you could adopt any code, so long as you make any amendments needed for the code to meet the minimum standards in the State Code. Elsewhere in the code they talk about the fact some jurisdictions do not adopt their own code. That is typically the small municipalities which do not have the resources. In those places, even if it is an incorporated town,the State code will apply If there were to be crisis, a State inspector is going to come in to do the work. That is similar to what you would see with septic regulation. If there is an old septic tank in an incorporated area, and there is a crisis, often times the municipality will say we do not have any septic regulations, and we do not have the expertise. Many times the County will have their owner septic regulations and will step in. In a worst case scenario,the State will take over There may be some changes to the statute in the future that would restrict us from adopting our own code. As the statute is written right now I think we have some authority to adopt something other than what the State has adopted. When adopting something other than what the State has in place you do get into subjective judgement as to whether what the Board proposes to adopt is at least restrictive as the State code. You may recommend to City Council that they should adopt the International Plumbing Code and that in your judgement it is at least as restrictive as the State code. Someone else might have a different view The question is what is the ultimate risk of being overturned if someone challenged us. There are court standards that would help support your recommendation and the City Council decision,but it is hard to predict those things. 2