On Tuesday, Feb. 18, the Archuleta County Board of County Commissioners (BoCC) unanimously approved Resolution 2025-19, establishing the Board of Reviews and Appeals (BoRA).
Earlier that day at a work session, Development Director Pamela Flowers introduced the topic, explaining the county’s current building codes and state statute calls for a board of appeals to be established, while giving discretion to establish a board of reviews.
Flowers explained that “as it stands right now,” the county does not have an administrative review process in place for its building code process.
She noted that residents can apply for a variance or seek an appeal made by Flowers herself regarding interpretations of the land use regulations, “but there’s no mechanism, really.”
Flowers noted that both a board of reviews and a board of appeals have similar responsibilities and are both filled primarily by citizens, not staff, suggesting the board could be made of three to five members.
She explained that the county’s building code calls for members to have experience in construction, and also calls for the Pagosa Fire Protection District (PFPD) to appoint a member, “more to hear appeals of decisions.”
Flowers went on to explain that the resolution will establish the BoRA and give it authority to hear and decide on appeals, consider and grant modifications to adopted and amended codes, and formulate suggested amendments to codes.
The resolution would also ask for the PFPD to appoint one full-time member.
“I haven’t had a lot of requests for appeals on that side,” Flowers said, noting people may not be aware of that opportunity.
Commissioner Warren Brown expressed concern about having a PFPD member appointed to the board.
Flowers explained a PFPD member is recommended because the fire district “review[s] every commercial project,” noting there may be “frequent” appeals on the fire code pertaining to things like sprinkler and fire flow requirements.
Commissioner John Ranson also expressed concern over establishing the board, stating that it seems like “we’re duplicating” what the planning commission and BoCC can do.
Flowers clarified that the planning commission deals with the land use regulations only, which address zoning requirements.
“Anything that comes out of the building codes is a different line of authority,” she said, explaining the board of reviews is “focused on building codes,” not land use regulations.
Flowers also explained that the planning commission does not hear variance requests, noting the BoRA would recommend final approval on matters deviating from the building code.
She noted that this board would provide an appropriate administrative review process “so that we can avoid going to court every time somebody’s unhappy.”
During the meeting, Flowers addressed questions the BoCC brought up during the work session, beginning by explaining that neither the statute nor original building code calls for a PFPD member to be appointed, stating that “it is actually our amended building code that has established a board of appeals and has established that one of those members would be the fire district.”
Flowers explained that, in addition, the intergovernmental agreement (IGA) with the PFPD “does say that the county commissioners would appoint a fire code official and then the fire district would appoint the deputy fire code official,” noting their job is to interpret fire code.
“So, this board would then be hearing appeals of any decisions relating to fire code,” she said.
Flowers noted that the amended 2019 county building codes indicate that decisions in regard to the fire board would be resolved by the BoRA.
She mentioned that is part of the reason in attempting to establish the board, “cause we said we’re gonna have one and we don’t.”
Brown mentioned that he would prefer to have five members on the board.
Ranson expressed that he was still unsure if “we need another group out there.”
Flowers mentioned there have been a few appeals in over the last few years pertaining to land use regulations, “but we don’t have a mechanism on the building code side,” explaining that she does not have the ability to override the decision of a building code official.
She noted that establishing the BoRA and having it manned by people in the community with experience in construction provides an opportunity to have an impact on adopted and amended codes, which “seems like a good way to handle it.”
Medina referred to County Attorney Todd Weaver on if the IGA between the county and PFPD sets a precedent for a PFPD member to be on the BoRA.
Weaver explained that is set forth in the building code, which was adopted via ordinance by the county and that the board of appeals is a “creature of the building code,” that the county should have had “for quite some time.”
Weaver also noted that the language in the building code states the county “may establish” a board of reviews, making that aspect discretionary.
Weaver indicated the board of appeals should move forward as the county is required to have one according to its building code and could “kill two birds with one stone” by including the board of reviews in that.
Flowers clarified that the adopted 2015 building code states the county shall establish a board of appeals, and that the fire code mirrors that language.
She noted that the 2019 amended building code features “some unique things,” such as wind and snow load requirements, and also outlines members for a board of reviews.
“I don’t want myself … to be an independent party to make decisions and recommendations about building codes. I would like a body of people that are in the industry in our community to come forward,” Flowers said. “I think it’s the best way to do it.”
Flowers added that several people in the community “have expressed a willingness to participate in this board.”
Brown inquired as to if the BOCC could reconsider the 2019 amended building code.
Flowers explained that under current state statute, if the county were to amend anything in its building code, “we have to jump to 2021 energy, which is a pretty big jump.”
Flowers predicted that the county will be “forced to go there soon,” and that the state is close to publishing its own energy code that will have requirements the county will likely have to adopt.
She noted that is part of the reason for establishing the BoRA as well, to “do it in the least painful way we can.”
Brown asked if his fellow BoCC member would be inclined to table the matter to provide staff more time to gather additional information in regard to the county’s requirements in establishing the board and who would be appointed.
Medina indicated that she would be fine “either way,” noting she had similar concerns.
She acknowledged Weaver’s “professional comment” that indicated the county is required to have the board of appeals, expressing she would be concerned if the BoCC continued to table the matter.
“And we have been negligent, basically, since 2019 and have not established this body,” Medina said.
Medina also commented her “one hesitation” is having a PFPD member appointed, adding that she is appreciative of the county’s consideration to include other entities in the community.
“It just feels like sometimes we don’t get the same fair shake,” she said.
Flowers commented that the reason for having a PFPD member is because “they’re so integral,” especially in reviewing commercial construction projects.
“I just think it’s really important to provide everyone an opportunity to appeal a decision of an administrative staff member,” Flowers said, noting that, right now, “we just don’t.”
Brown then motioned to approve the resolution, which passed unanimously.
Flowers explained that member applications would be reviewed and brought to the BoCC for appointment, and that the BoRA’s meeting schedule is to be determined.
clayton@pagosasun.com
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