To protect the health and safety of residents, Dolores town officials had the authority to shut down the Rio Grande Southern Hotel March 6 for alleged code violations, town attorneys say.
In a briefs filed against an appeal challenging the violations, the town defended their actions.
In late February 2015, the town issued a 24-hour inspection notice after receiving a nuisance complaint from a neighbor. Upon inspection they claimed numerous code violations. A second inspection on March 5 was conducted by Dolores building inspector Michael Hill, electrical contractor Jerry Fosnot, Colorado state electrical inspector Gary Freeman, and Sheriff Steve Nowlin.
The electrical inspection found 66 code violations, according to town legal briefs, ranging from improper extension cord use and open bulbs, to no emergency lights and wiring issues.
“The state electrical inspector and the electrical contractor agreed that the violations together represented a danger to the life and safety of the occupants of the buildings,” the town brief states.
In addition Hill documented several alleged building code violations, including improperly installed smoke alarms, poor fire escape access and too low of a ceiling on the 3rd floor, a basement apartment not habitable due to only one entry/exit, and some windows that don’t remain open mechanically.
“There were so many code violations, the town determined it would be irresponsible not to close the building to occupancy,” according to the town’s legal brief. “Nevertheless, the Town subsequently withdrew its order that the building be closed.”
The town disagreed with the hotel’s claim that certain code exemptions are allowed due to the building’s historic designation.
Town attorneys argue that the historic exceptions are only if there are no life safety hazards, however the building inspector and electrical inspectors determined that there were hazards.
The town disagrees with Sieber’s contention that it does not have has jurisdiction on alleged electrical violations. The town claims that the Colorado and National Electric Code standards apply to the Rio Grande Southern Hotel.
“The Town of Dolores has not adopted its own electrical code. As a result, the state’s electrical code applies and (the state) performs electrical inspections that are not inspected by a local authority.”
