Colorado Springs City Code § 6.14.301 CITY BUILDING CODE, EFFECT ON CONSTRUCTION DEFECT CLAIMS IN COMMUNITIES
6.14.301: CITY BUILDING CODE, EFFECT ON CONSTRUCTION DEFECT CLAIMS IN COMMUNITIES:
With respect to construction in residential, common interest communities, covered by this article, a violation of, or failure to substantially comply with, the Pikes Peak Regional Building Code, as adopted under section 7.4.1401 et seq., of this Code (the "Regional Building Code"), shall not: a) create a private cause of action or b) support or prove any construction defect claim, regardless of the statutory or common law theory under which the claim is asserted, unless such defect constitutes a "construction defect" as defined under this article or such defect constitutes a breach of an express warranty or contract.
A. A violation of, or failure to substantially comply with, the Regional Building Code shall not under any circumstances support or prove any construction defect claim based upon a theory of strict liability or under the common law doctrine of negligence per se.
B. The Regional Building Code is intended to establish a minimum standard for safe and sound construction. Therefore, any particular element, feature, component or other detail of any improvement to real property that is specifically regulated under the Regional Building Code, which is constructed or installed in substantial compliance with such code, shall not be considered defective for purposes of proving any construction defect claim. Provided, however, that higher standards than those established by the Regional Building Code may be imposed through the provisions of an express warranty and/or contract, so nothing in this article shall prevent the enforcement of such warranty or contract standards. (Ord. 15-93; Ord. 23-17 1 )
Notes
1 | 1. June 5, 2023 is the effective date of Ordinance 23-17.