First stop: building permit
By JoAn Bjarko
North Forty News
Happy homeowners can keep smiles on their faces if they don't run amok
with building departments during, or particularly after, their home improvement
projects.
Most of the time, potential problems can be avoided by simply getting the
required building permit before starting a project. Example: One rural
family just wanted a simple equipment shed and didn't think to get a permit.
Without knowing better, they sited the building in the flood fringe, in
the sewer easement and directly over a sewer line. They also built outside
the required zoning setback and the building may be obstructing fire truck
access.
"It seemed like a very simple building, but they just didn't check and
they got themselves in trouble," said the county's chief building official
Tom Garton. Their options are to tear it down or get variances from every
entity whose codes were violated, and that could get expensive. The fee
for a flood fringe variance application alone is $200.
Both Larimer County and Fort Collins have numerous exemptions to building
permit requirements, but plenty of people are still surprised to find out
they need one for what they plan to do. That's especially true in rural
areas where homeowners tend to think whatever they do won't harm anyone
else, Garton said. But this is a classic county for urban-rural clashes,
he said, so Larimer County has stricter codes for agricultural buildings
than the truly rural areas of the eastern plains.
Nevertheless, Garton said, the main reason for building codes and permits
is public safety and protecting the homeowners' investment in their property.
For instance, if faulty workmanship done without a permit created a hazard,
which in turn destroyed the building, an insurance company could refuse
to cover the damage. Unpermitted improvements are also a red flag for home
buyers, Garton said, and that can reduce a property's selling price.
Some of the common exemptions to building permits in both the county and
Fort Collins follow:
- Detached accessory buildings that do not exceed 120 square feet. Height
restrictions vary.
- Fences not over 6 feet high.
- Platforms and decks not more than 30 inches above grade.
- Painting, papering, tiling, carpeting, cabinets, countertops and similar
finish or cosmetic work.
One of the most common misconceptions, both city and county officials say,
is the notion that basement remodels don't need building permits. They
do, and Garton has a couple examples to explain why.
One homeowner had a gas-fired appliance located in a bedroom, where carbon
monoxide could poison someone.
Another homeowner hired a contractor who finished a basement without
a permit and did not allow for expansive soil conditions. The floor heaved,
which damaged the walls, and the homeowner was left with substantial structural
damage.
"If they had a permit, we would have told them to put in a floating wall,"
Garton said. That's a construction technique that leaves space between
the floor and the sheetrock on the walls.
Even if a homeowner is doing the work himself, and the project is not exempt,
it needs a building permit, warned Delynn Coldiron, administrative assistant
for the Fort Collins Building Department. Water heaters and air-conditioner
installations need permits, for example, because they require safety inspections,
she said.
Contractor licensing
Garton also pointed out the difference between the city and the county
in licensing. The county does not license general contractors because it
does not have the legal status to do so. Fort Collins does require contractors
to get a license; it has this authority because it is a home rule city.
Rural property owners need to be more vigilant as a result, Garton said,
and should be sure their contractor carries liability and workers' compensation
insurance.
Coldiron explained that to get a license in the city, a contractor must
document experience and show a certain level of knowledge of city building
codes. Before issuing a building permit, the city checks that all contractors
involved with the job are licensed, insured and carrying workers' comp.
The license, however, "doesn't speak to the quality of the workmanship,"
Coldiron advised.
"The majority of our horror stories are about people who tried to do the
work themselves or use an unlicensed contractor," she said.
Zoning setbacks
When talking about building permits, most people think of walls and floors
or electricity and plumbing. But permits also guard against mistakes with
zoning setbacks.
The setback issue is catching some rural residents by surprise because
the county changed the setback distance in the O-Open and Rural Estate
zones when it revised the land use code several years ago. Any new structure
in those zones now has to be 25 feet from any property line. (It used to
be as little as 5 feet from the side lot line.)
The change came about largely because of aesthetics, said county planner
Al Kadera, but more separation between buildings also gives emergency vehicles
better access. County board of adjustment member Evelyn King, however,
is on a mission to get the setback changed back to its original length.
"They shouldn't be changing the rules to force people into a variance,"
she said, "and there is no guarantee you'll get your variance."
The application fee is $500 to seek a variance from the board of adjustment
in advance of building. It costs $880 to ask forgiveness after the fact.
In the city, the cost of a zoning variance application averages $33, Coldiron
said.
Fort Collins and Larimer County web sites have more information about building
permits and exemptions. Visit www.fcgov.com/building/permit-exempt.php
or www.larimer.org/building/permit_exemptions.htm.
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