Chapter 15.01 - Building Division Administration and General Provisions
Chapter 15.01 - Building Division Administration and General ProvisionsThe following Chapter was adopted by Resolution No. 25-303 by the Pueblo County Board of County Commissioners on December 22, 2025, with an effective date of December 31, 2025 and adopts the 2021 International Building Code, 2021 International Energy Conservation Code, and the 2021 International Existing Building Code, with amendments, all published by the International Code Council, Inc. (ICC), and providing penalties and remedies for the violation thereof.
The Resolution is the Pueblo County Building Code Resolution and is referred to in this Code as “The Resolution”.
This code, adopted by The Pueblo County Building Code Resolution, shall be known and cited as the "Pueblo County Building Code,” and referred to as "the Code."
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.
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.
The code apply to all unincorporated areas in Pueblo County.
The adoption of the Resolution shall not create any duty to any person, firm, corporation, or other entity with regard to the enforcement or non-enforcement of this 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, 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 non-enforcement of the Resolution or the Code. Nothing in the 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 their commissions, boards of review, or officers, employees or agents of such bodies or entities.
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.
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, the 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 code covering the same matter shall not be deemed to have been repealed and shall be deemed reenacted and in effect.
Department means the Pueblo County Building Division.
Board of Review means the Pueblo County Building Division Board of Review.
Building Official means the Building Official or the Building Official's authorized representative.
Lead Building Inspector means the person designated by the Building Official as the Chief Inspector for each of the major codes.
Major codes means the International Building Code as adopted with amendments by Chapter 2 of this Title, herein International Building Code; the International Residential Code as adopted with amendments by Chapter 8 of this Title; herein International Residential Code, the National Electrical Code as adopted with amendments by Chapter 6 of this Title, herein National Electrical Code; the International Plumbing Code Code as amended but the Colorado Plumbing Code adopted with amendments by Chapter 4 of this Title, herein International Plumbing Code, the International Mechanical Code as adopted with amendments by Chapter 5 of this Title, herein International Mechanical Code.
Minor or secondary codes means any other building code which is adopted by reference, directly or indirectly, in whole or in part by ordinance or by express provisions of a major code including without limitation, the Unsafe Structures Regulations, Chapter 9 of this Title, herein Unsafe Structures Regulations; and the International Energy Conservation Code.
Person means a natural person eighteen (18) years of age or older or an organization.
Organization means a corporation, trust, partnership or association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity.
County means the Board of County Commissioners of the County of Pueblo, Colorado, or the County of Pueblo.
Construction work means and includes any and all work or services performed or to be performed in the building, constructing, altering, renovating, modifying, repairing, moving, wrecking, demolishing or adding additions to any building or structure.
Construction business means engaging in, undertaking or offering to undertake the performance of construction work.
Administrative authority, responsible official, Building Official, Lead Inspector, Code Enforcement Officer, or other similar term used in this Chapter or any major code or minor code shall be construed to mean the Building Official or the Building Official's authorized representative where the context so requires or the source so indicates.
Deputy, assistant, authorized representative or other similar term used in this Chapter or any major code or minor code shall be construed to mean the authorized representative of the Building Official where the context so requires.
Supporting authority, governing body, jurisdictional authority or other similar term used in this Chapter or any major code or minor code shall be construed to mean the County or the Department where the context so requires or the source so indicates.
Jurisdiction used in this Chapter or any major or minor code shall be construed to mean the County of Pueblo, Colorado.
The Building Official is hereby authorized, empowered and directed to interpret and enforce all provisions of this Chapter and each major code or minor code.
Permits issued for the construction work authorize the construction work to be performed pursuant to the requirements of this Title and do not create any right or vest any property interest in the person to whom the permit is issued (the "Permittee") or the owner of the property upon which the construction work is to be performed (the "Owner"). Upon receipt of written notice by the Department signed by the Owner, or the general contractor if the Permittee is a subcontractor, that the Permittee has been discharged from further performance of the construction work, or has abandoned the construction work, the Building Official shall cancel the permit and notify the permittee in writing by first class mail addressed to the Permittee at the Permittee's address appearing on the permit, that the permit has been cancelled.
15.01.110 Lead Building Inspector.
The Building Official shall designate a Lead Building Inspector of each major code. The Lead Building Inspector of each major code subject to the direction and authority of the Building Official is hereby authorized to interpret and enforce all provisions of the major codes for which the Lead Building Inspector is appointed Chief Inspector. The Building Official’s interpretation under such code shall be final unless appealed to the Board of Review for such code. The Building Official or the Building Official's authorized representative shall be the Lead Building Inspector of the International Building Code, the International Residential Code and all minor codes and is authorized to interpret and enforce the International Building Code, the International Residential Code and all minor codes.
The Board of Review is hereby authorized, empowered and directed to perform the duties set forth in this Title.
15.01.130 Reports and records.
The Building Official shall keep complete records of all licenses, permits, inspections, re-inspections, fees and other monies collected, and other official actions performed under this Title. The Building Official or the Building Official's duly authorized representative shall act as secretary to the Board of Review and keep an accurate and permanent record of all proceedings before the Board of Review. All records and reports of the Department shall be public records unless exempt by the Colorado Open Records Act or other Colorado State Statute.
15.01.140 Appeals and authority of the Board of Review.
(a) Any person aggrieved by any decision or order of the Building Official or the Building Official's authorized representative or any Lead Building Inspector relating to the enforcement or interpretation of this Code or any minor code or major code may appeal such decision or order to the Board of Review. Every such appeal shall be perfected within ten (10) calendar days of the date of the decision or order appealed from by filing with the Building Official in duplicate a written appeal upon a form to be provided by the Department and the payment of an appeal fee. The appeal shall state the decision or order being appealed. The Building Official shall upon receipt thereof transmit to the Board of Review the written appeal and all related Department records.
(b) A perfected appeal shall not stay any action or proceedings in connection with the decision or order appealed from, unless and until the Building Official shall certify in writing to the Board of Review that performance of the work in violation or contrary to the order or decision would not increase the hazard to the health or safety of persons or property. In that event, all actions and proceedings in connection with the decision or order shall be stayed until ordered otherwise by the Board of Review or a court of competent jurisdiction. Any work performed in violation of or contrary to the decision or order appealed from shall be removed or corrected if the Board of Review affirms such decision or order. The fact that such work continued after the issuance of the order or decision and pending appeal shall not be considered by the Board as a mitigating or extenuating circumstance.
(c) The Board or Review shall set a time and place for a hearing on the appeal which shall not be more than thirty (30) days after perfection of the appeal. Notice of the hearing shall be given by the Building Official to the appellant by first class mail addressed to the appellant at the address set forth in the appeal. The hearing shall be open to the public, and all interested persons shall be entitled to be heard. The Board by majority vote of all of its members may sustain, modify or reverse any appealed decision or order.
(d) The Department, the appellant and any other person aggrieved by the order or decision of the Board of Review may seek review thereof within twenty-eight (28) days after entry of the Board's order or decision pursuant to Rule 106(a)(4), C.R.C.P. in the District Court in and for the County of Pueblo, Colorado. Review shall not be extended further than to determine whether the Board exceeded its jurisdiction or abused its discretion. The decision or order of the Board shall remain in full force and effect pending appeal unless stayed by order of the District Court.
(e) The Board of Review may grant a variance from the strict terms and provisions of the involved code to avoid extreme hardship, provided such variance can be granted without increasing the hazards to health or safety of persons or property and if such variance will not violate the intent and purpose of such code. Mere inconvenience to a person shall not be grounds for granting a variance.
(f) The Board of Review is authorized to determine the suitability of alternate materials, methods or installation under that code which the Board is empowered to enforce and to recommend to the Board of County Commissioners new legislation relating to such code or this Chapter.
(g) The Building Official shall enforce and execute all orders and decisions of the Board of Review.
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 infraction penalty. Each day 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.
15.01.160 Offenses: criminal penalties; other enforcement.
(a) It shall be unlawful for any person, firm or corporation to knowingly violate, disobey, omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Title.
(b) It shall be unlawful for any person, firm or corporation to refuse or fail to timely comply with any order issued by the Building Official of the Pueblo County Building Division or other designated representative pursuant to the provisions of this Title.
(c) It shall be unlawful for any person, firm or corporation to knowingly make any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to any requirement of this Title.
(d) Any license or registration issued pursuant to the provisions of this Title may be suspended or revoked by the appropriate Board for any material violation of the terms of such license or registration or the applicable requirements.
(e) In the event any owner or occupant of premises within the County refuses entry to the Building Official or any inspector or if any premises are locked and the Building Official or any inspector is unable to obtain permission of the owner or occupant to enter, the County Court is authorized to issue an inspection or search warrant authorizing such entry in accordance with the procedures set forth in the Colorado Court Rules.
(f) In the event any person, firm or corporation within the County or any licensed contractor, fails or refuses to comply with any provision of this Title, or any license issued, the County may initiate an action for injunctive relief in any court of competent jurisdiction to compel compliance with said Title or license.
(g) The enforcement remedies set forth in this Section are cumulative, and the exercise of any one (1) or more of them is not dependent upon the exercise of any other remedy, and the exercise of any one (1) or more of them does not constitute any bar or limitation to the exercise of any other.
15.01.170 Common interest community conversions.
Notwithstanding anything in this Title or in any major or secondary code adopted in this Title by reference, the conversion of any building or structure into a residential common interest community, including condominiums, cooperatives and townhomes, shall be treated as a change of occupancy. Before any temporary or regular certificate of occupancy for any newly converted common interest community unit may be issued, the Building Official shall require that the building and the converted unit be made to substantially conform to the requirements of all major and secondary codes adopted in this Title. Additionally, before a certificate of occupancy may be issued, the building and each unit shall each be inspected by the Fire Chief or by a member of the Division of Fire Prevention of the Fire Department and be determined to substantially comply with the Fire Code. (Res. 25-303)