HomeMy WebLinkAbout3.0 PC Staff Report 03.08.2017Land Use and Development Code Text Amendment
Planning Commission - Staff Report Exhibits
Applicant is the Garfield County Board of County Commissioners
March 8, 2017
(File TXTP-01-17-8511)
Exhibit
Number
Exhibit Description
1
Public Hearing Notice Information
2
Proof of Publication
3
Garfield County Land Use and Development Code, as amended
4
Garfield County Comprehensive Plan of 2030
5
Application
6
Staff Report
7
Referral Comments from the Gypsum Fire Protection District, dated
January 17, 2017
8
Referral Comments from the City of Rifle, dated January, 17, 2017
9
Referral Comments from the Glenwood Springs Fire Department,
dated January 26, 2017
10
Referral Comments from the Garfield County Public Health
Department, dated February 22, 2017
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PROJECT INFORMATION
TYPE OF REVIEW: Text Amendment to the Garfield County Land Use and Development Code
Efficiency Homes (AKA Tiny Homes) in Garfield County—Amendment to the
Definition of Dwelling Unit, Detached
FILE NUMBER: TXTP-01-17-8511
APPLICANT: Board of County Commissioners
DATE: March 8, 2017 — Planning Commission
I. PROPOSAL DESCRIPTION
Tiny homes have garnered a significant amount of national attention in the past few years and their
popularity appears to be growing mainly due to what is perceived as a "lifestyle" choice. This lifestyle
choice is reflected in both a reduction of overall size and footprint associated with the average
contemporary home. The primary drivers for the recent popularity of tiny homes are affordability and the
overall cost for maintaining a home. Ultimately, however, it is about having additional choices for housing
types. Some notable Tong -term housing trends that are encouraging the tiny house movement are as
follows:
• The average home size in the U.S. increased 61% since 1973 to over 2600 square feet. In that
time period the average household size decreased, leading to a 91% increase in home square
footage per inhabitant (1000 SF per person) (source: US Census Bureau).
• The average house in the U.S. uses approximately 17,300 board feet of lumber and 16,000
square feet of other wood products. A 200 square foot tiny house uses only 1,400 board feet of
lumber and 1,275 square feet of additional wood products. The lifetime conditioning costs can
be as low as 7% of a conventionally sized home.
• National home ownership fell to 63.7% in 2015, the lowest level in two decades. Increased
housing cost is cited as the main reason for low ownership rate. (source: Joint Center for
Housing Studies (JCHS) at Harvard University)
• The average home in the United States costs approximately $358,000 to build, an increase of
roughly $200,000 since 1998, whereas the average annual income in the United States has
remained unchanged for the last several years, lingering near $52,000. (source: US Census
Bureau)
• The average American spends roughly 27% of their annual income on housing (nearly 11 hours
of every 40 -hour work week). 48% of households making less than $30,000 annually pay more
than half of their income on housing, leaving these households Tess than $15,000 a year to
purchase food, health care, education, clothing, and anything else. (source: JCHS)
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• The cost of new construction for a 200 square foot tiny house can be as low as $35,000. A
typical down payment on an average -sized house is $72,000, more than twice the full cost of a
tiny house (IRC public comment).
• Cities can benefit from tiny house ordinances. With significant need for affordable housing,
cities are hard-pressed to find solutions that quickly expand their low -income housing stock
without burdening an already burdened system. Tiny houses can be quickly installed in
municipalities and set up at little or no cost to the cities (IRC testimony).
With the increase of interest in these unit types, comes a significant amount of inquiry to the County
about if and where people may be able to live in one of these units.
There is no set definition for a tiny home, however they are generally units ranging in size from 200 square
feet to 1,000 square feet. Because of their small size, a typical "tiny" home may be of a dimension that
can be transported (or towed) by a standard full size truck (e.g. Park Model) while a larger unit (generally
ranging from 500 to 1,000 square feet) may be transported on a flatbed trailer or by its own chassis. The
IRC is considering a definition of tiny home as a dwelling 400 square feet or less. Because of the variation
in size and building type, for the purpose of this memo, we have generally characterized and called these
units "Efficiency Homes."
Most Efficiency Homes are manufactured off-site (though they may on-site stick -built), which generally
offers a level of affordability that may not otherwise be available in a traditional site built home. Even
though, there is a great deal of variation in the costs associated with the units as some pre -fab homes can
rival or exceed a stick -built home. While Efficiency Homes are used for all types of purposes, such as
primary and accessory dwelling units, vacation rentals, artist studios and lodging such as a cabin, the focus
of this memo is to explore the regulations surrounding using these types of units as permanent primary
or accessory dwelling units.
Examples of Tiny Houses on Wheels and on a Foundation
II. CURRENT COUNTY REGULATIONS
In reviewing the County's Land Use and Development Code (LUDC) the one location in the code that
precludes the construction or use of an Efficiency Home within the County is the dimensional standard
that requires a dwelling unit to be a minimum 20 feet long by 20 feet wide. Article 15 of the LUDC defines
a Dwelling Unit, Detached as the following:
2
A single -unit dwelling at least 20 feet wide and 20 feet long, and that meets the Building
Code.
It is generally understood that the 20 feet wide and 20 feet long dimensional requirement was codified in
land use regulations across the country (including Garfield County) for jurisdictions that did not wish to
see the proliferation of single -wide mobile homes in traditional single-family lot subdivisions. This
minimum dimensional requirement was historically seen as a method for preserving home and property
values.
As this definition requires that detached dwelling units be at least 20 feet by 20 feet ("20x20"), the County
currently does not permit any units that do not meet these dimensional requirements. The effect of this
standard is the exclusion of many Efficiency Homes from the County's housing stock as well as single -wide
mobile homes (The most common dimension for a single wide is 15 feet wide by 72 feet long). In addition,
the 20x20 standard requires that a home be at least 400 square feet in size — many "tiny homes" fall below
this threshold. While this requirement still allows for what some would consider "small homes," it does
not allow for what is broadly called a "tiny home." In addition, because dwelling units are currently
required to be 20x20, off-site construction for pre -fabricated units is more difficult and costly since units
are not easily transported in a single component. According to DOT and FHA standards, the maximum
width of a unit can be 8 feet 6 inches before it requires a wide load permit. In general, widths over 15 feet
wide are not allowed without lane closures and more complex permitting requirements for transporting
the unit.
It is important to note that the International Residential Code (IRC), as currently adopted would continue
to be applicable to all dwelling units (tiny, small, Efficiency, McMansion or otherwise) and staff would not
recommend deviating from the adopted IRC as the code generally provides for basic design standards
related to life, health and safety. As such, the IRC requires certain dimensional standards as well as the
provision of specific amenities that would need to be incorporated into any dwelling unit. For example,
the IRC requires the following in order for a structure to be a permitted dwelling unit:
• Must have a foundation.
• Must have a kitchen with a sink.
• Must have a toilet, lavatory, and a bathtub/shower and must have running hot and cold water.
• Must be hooked up to a sanitary sewer or approved On-site Wastewater Disposal System.
• The bathroom needs to be a separate room of roughly 5 feet by 5 feet with a door.
• Must have one habitable room of 70 square feet (kitchen may be a part of this room) with a
minimum dimension of 7 feet in any horizontal dimension
• Minimum ceiling height of 7 feet.
• Must have a smoke alarm.
• Any stairs to a second floor sleeping loft must be Code compliant (not just a ladder).
• Must be a heated structure.
It is worth noting, however, that the Code Council is currently considering incorporating an appendix
addressing tiny homes as part of the forthcoming 2018 IRC. The draft of the IRC code appendix defines
Tiny Homes as a dwelling Tess than 400 square feet and addresses issues such as anchoring, minimum
ceiling heights, habitable room dimensions, lofts, ladders and emergency escape and rescue openings.
Staff would anticipating reviewing this appendix when it is adopted and making a recommendation to the
Board regarding adoption of this appendix.
3
Table 3-403: Use Table
/P/ By Right /A/ Administrative Review N Limited Impact Review /MI Mayor Impact Review lel Exempt from County Review and Standards
Use Category
Use Type
RESIDENTIAL USES
III. OTHER JURISDICTIONS' REGULATIONS
Garfield County is not alone in examining its regulatory structure as it relates to permitting Efficiency
Homes. Other jurisdictions have similar regulations though most have historically had minimum dwelling
unit sizes. A few examples of jurisdictions that have moved to allow/permit some form of tiny houses are
outlined as follows:
• Washington County, Utah (St. George).
The minimum home size of 800 square feet was removed. All units must be on a foundation,
hooked up to utilities, and meet the building code. Considered RV if on wheels.
• Town of Spur, Texas.
No minimum house size. All units must be on a foundation, have a flush toilet, and receive a permit
for electrical and structural safety. Considered RV if on wheels.
• Chaffee County, Colorado.
No minimum house size. All units must be on a foundation, have water and sewer, and meet the
building code. Considered RV if on wheels.
• City of Salida, Colorado.
Permitted in limited zone districts with a Conditional Use Permit. All units must be on a
foundation, hooked up to utilities, and meet building code. Considered RV if on wheels.
IV. WAYS TO PERMIT EFFICIENCY HOMES IN THE LAND USE AND DEVELOPMENT CODE
Should the Board wish to allow for Efficiency Homes in unincorporated Garfield County, the simplest
approach would be to modify the dimensional size requirements (20x20) for a dwelling unit. Removing
that requirement would result in the following changes to Article 15 of the Land Use and Development
Code:
Dwelling Unit, Detached. A single -unit dwelling at !cast 20 feet
that meets the Building Code.
It is worth noting that modifying this dimensional standard would allow for a wide array of
different types of homes, ranging from the architecturally pleasing modern pre -fab home to a
single wide mobile home, so long as the unit met the IRC or were an otherwise approved HUD/CO.
Division of Housing structure. If this modification was made to the definition of a dwelling unit,
these types of units would be allowed in all residential and commercial zone districts and most
other zone districts within the County, as provided in Article 3 of the Land Use and Development
Code.
Residential Nonresidential Resource Land Unless exempted, all
Districts Districts Zone Districts uses must comply with
B me s ndccIL
EMMEN •0 P NMI
Dwelling. Single-Unll (per legal lot)
P
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V. STAFF ANALYSIS — LUDC CRITERIA FOR A TEXT AMENDMENT
Section 4-114 outlines the procedures and criteria for consideration of a Land Use Code Text Amendment
request to the LUDC. The criteria for approval of a Land Use Code Text Amendment are as follows:
1. The proposed text amendment is in compliance with any applicable intergovernmental
agreements; and
There are no intergovernmental agreements impacted by the proposed text amendment.
2. The proposed text amendment does not conflict with State law.
The proposed text amendments do not conflict with State law.
VI. REFERRAL COMMENTS
Public Notice has been accomplished as required by the LUDC. No public comments were received as a
result of the public notice. Referral Comments received on the Application are attached as Exhibits and
summarized below:
City of Rifle: No Comments or Concerns (Exhibit 8)
Gypsum Fire Protection District: No Concerns as long as units comply with Building Code (Exhibit
7)
Glenwood Springs Fire Department: No objection to proposal (Exhibit 9)
Garfield County Public Health: No issues with the proposal as long as units comply with Onsite
Wastewater Treatment System (OWTS) standards, have adequate drinking water and meet the
requirements of the International Residential Code (IRC) (Exhibit 10)
No comments were received from the following referral agencies: Garfield County Environmental Health,
Town of Carbondale, City of Glenwood Springs, Town of New Castle, Town of Silt, Town of Parachute,
Carbondale and Rural Fire Protection District, Colorado River Fire Rescue, DeBeque Fire Department,
Grand Valley Fire Protection District, RE -1 School District, RE -2 School District, and School District 16.
VII. STAFF RECOMMENDATION
With the continued interest in Efficiency Homes paired with the County's ongoing problem of affordable
and attainable housing, Staff sees two options for consideration. Either:
• Maintain current regulations to require a dwelling unit to be at least 20 feet by 20 feet in size, or
• Remove (or otherwise modify) the dimensional requirements of 20 feet by 20 feet. Should this
dimensional requirement be removed or modified, the Board should consider if additional
standards such as site design, unit design, minimum unit size or others may be appropriate. As
well as if dwelling units should be an allowable use (with or without review) within the industrial
zone district.
5
It is Staffs opinion that the minimum size requirement of 20' by 20' should be removed from the definition
of Dwelling Unit, Detached. Removing that requirement would result in the following changes to Article
15 of the Land Use and Development Code:
Dwelling Unit, Detached. A single -unit dwelling at least 20 lc
that meets the Building Code.
It is Staff's opinion that removing this minimum requirement will allow for more creative options
for housing within Garfield County. This amendment should not be viewed, however, as an
amendment that will singly "fix" the housing affordability issues in the County as a tiny home may
not be any less expensive than a stick built home, but will rather add to the tool kit of options to
address this problem. In addition, it is worth noting that while such an amendment could allow
Efficiency Homes to be used for either a Primary or Accessory Dwelling Unit on a parcel, such an
amendment will not change the overall density requirements for dwelling units within any zone
district in the County.
VIII.
RECOMMENDED FINDINGS
1. The proposed text amendment is in compliance with any applicable intergovernmental
agreements.
2. The proposed text amendment does not conflict with State Law.
3 . /
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C. Garfield County
PUBLIC HEARING NOTICE INFORMATION
EXHIBIT
l
Please check the appropriate boxes below based upon the notice that was conducted for your public
hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the
described action.
❑ My application required written/mailed notice to adjacent property owners and mineral
owners.
Mailed notice was completed on the
day of 20�.
All owners of record within a 200 foot radius of the subject parcel were identified as
shown in the Clerk and Recorder's office at least 15 calendar days prior to sending
notice.
All owners of mineral Interest in the subject property were identified through records in
the Clerk and Recorder or Assessor, or through other means [list]
■ Please attach proof of certified, return receipt requested mailed notice.
0 My application required Published notice.
Notice was published on the 1 day of 1"e�'we•' , 20
■ Please attach proof of publication in the Rifle Citizen Telegrar'n.
0 My application required Posting of Notice.
Notice was posted on the day of , 20_,
Notice was posted so that at least one sign faced each adjacent road right of way
generally used by the public.
I testify that the above information is true and accurate.
} p G
Name: Do- fal 1 f �`: f , !�.
Signature:
Date: 1 f' vcic'.r.,f f ?9,/
V
1
Ad Name: 12609579A
Customer: Garfield County Building
Your account number is: 1008693
PROOF OF PUBLICATION
THE RIFLE
CITIZEN 1,N TELGR M
STATE OF COLORADO,
COUNTY OF GARFIELD
I, Randy Essex, do solemnly swear that I am Publisher
of The Rifle Citizen Telegram, that the same weekly
newspaper printed, in whole or in part and published
in the County of Garfield, State of Colorado, and has
a general circulation therein; that said newspaper has
been published continuously and uninterruptedly in
said County of Garfield for a period of more than fifty-
two consecutive weeks next prior to the first publication
of the annexed legal notice or advertisement; that said
newspaper has been admitted to the United States
mails as a periodical under the provisions of the Act of
March 3, 1879, or any amendments thereof, and that
said newspaper is a weekly newspaper duly qualified
for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said weekly newspaper for the period of 1
consecutive insertions; and that the first publication
of said notice was in the issue of said newspaper dated
2/9/2017 and that the last publication of said notice was
dated 2/9/2017 the issue of said newspaper.
In witness whereof, I have here unto set my hand this
02/17/2017.
Randy Essex, Publisher
Publisher Subscribed and sworn to before me, a
notary public in and for the County of Garfield, State
of Colorado this 02/17/2017.
PAMELA J. SC HUULTZ
NOTARY PUBLIC
E Cr COLOR DO
NOTARY ID #45{.49.4033. 75
WyCenvoregi iE:rawsa tiooernuer 1, 2011+
I - a 41
Pamela J. Schultz, Notary Public
My Commission expires:
November 1, 2019
PUBLIC NOTICE
TAKE NOTICE that the Board of County Commis-
sioners is proposing certain amendments to the
Text 01 the Garfield County 2013 Land Use and
.Davelcpment Cade. es amended. Thu Garfield
County Planning Commission will consider
amendments to Article 1S: Definitions for a
"Dwelling Unit, Detached" in a noticed public
hearing.
All persons affected by the proposed amendments
are Invited to appear and slate !heir views, pre -
mats or support. If you cannot appear personally at
such hearing, then you are urged to slate your
views by teller, as the Planning Commission will
give consideration to the comments in deciding
whether to approve the proposed amendments.
The draft amendments may be reviewed at the of-
fice of the Community Development located at 108
8th Street, 4th Floor, Garfield County Administra-
tion Building, Glenwood Springs, Colorado be-
tween the hours of 8:30 a.m. and 5:00 p.m., Mon-
day through Friday.
Ina public hearing hes been scheduled for March
8, 2017 at 5:00 PM which wit be held In the Courr-
tyy Cornmissionerb MeetingRoom, Garfield County
Administration Building, 18 81h Street, Glenwood
Springs, Colorado.
Published in the Citizen Telegram February 9,
2017. (12609579)
EXHIBIT
a
David Pesnichak
From: Justin Kirkland <Justin@gypsumfd.com>
Sent: Tuesday, January 17, 2017 1:37 PM
To: David Pesnichak
Subject: TXTP-01-17-8511
To whom it may concern re: TXTP-01-17-8511
As long at the ICC codes are followed then we have no concerns.
Justin Kirkland
Fire Chief
Gypsum Fire Protection District
511 Second Street /PO Box 243
Gypsum, CO 81637
970-524-7101 ext. 15
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1
David Pesnichak
From: Nathan Lindquist <nlindquist@rifleco.org>
Sent: Tuesday, January 17, 2017 10:34 AM
To: David Pesnichak
Subject: RE: Tiny Homes ("Efficiency Homes") - GarCo Text Amd - Referral
B
s
EXHIBIT
Thanks Dave,
I don't have any comments but will be curious what you end up with. We don't have any specific standards and have
told people as long as they can meet building code standards (which tends to need at least a minimum square footage of
300-400 sq ft) they are good.
From: David Pesnichak [mailto:dpesnichak@garfield-county.com]
Sent: Tuesday, January 17, 2017 10:20 AM
To: Kelly Cave; Morgan Hill; Yvonne Long; jbuck@carbondaleco.net; Tim Cain; jaluise@townofsilt.org; Nathan Lindquist;
Stuart McArthur; Gretchen E Ricehill; leach@carbondalefire.org; orrin.moon@crfr.us; firechief@debequefire.org;
rbiggers@ci.glenwood-springs.co.us; opschief@gvfpd.org; justin@gypsumfd.com; pelland@rfschools.com;
cjay@garfieldre2.org; khaptonstall@garfieldre16.org
Subject: Tiny Homes ("Efficiency Homes") - GarCo Text Amd - Referral
Hello,
The Garfield County Community Development Department has received direction from the Garfield County
Board of County Commissioners to pursue a Text Amendment to the County Land Use and Development Code (LUDC) to
accommodate Tiny Homes (aka "Efficiency Homes") within Unincorporated Garfield County. The proposal is to amend
the definition for a Dwelling Unit, Detached to remove the provision that the unit have dimensions of at least 20' x 20'.
The proposal is to continue to require that the units meet all applicable building code requirements for a residential
dwelling unit. Attached is the Referral Form regarding this application. Please open and read it for instructions on
accessing a digital version of the application. Your comments are an important part of the evaluation process. In order
to review all appropriate agency comments and incorporate them into the staff report, we request your response by
Wednesday February 15, 2017.
The first Public Hearing on this proposal is scheduled before the Garfield County Planning Commission on Wednesday
March 8, 2017 at 6.00PM at the County Administration Building, First Floor. The Public Hearing with the Board of County
Commissioners has been subsequently scheduled for Monday March 20, 2017 at 1.00PM at the County Administration
Building, First Floor.
To access the application, go to: http:llrecords.Parfield-
county.cora/WeblinklCustomSearch.aspx?SearchName-BuildingDocument5earch
Search for "Permit Number (File No.)": TXTP-01-17-8511
Thank You!
David Pesnichak, AICP
Senior Planner
Garfield County
Community Development Department
108 8th St Suite 401
Glenwood Springs, CO 81601
1
David Pesnichak
z
a
s
EXHIBIT
From: Ron Biggers <ron.biggers@cogs.us>
Sent: Thursday, January 26, 2017 11:05 AM
To: David Pesnichak
Subject: RE: Tiny Homes ("Efficiency Homes") - GarCo Text Amd - Referral
Dave,
I do not object to amending the 20x20 size to accommodate tiny homes in unincorporated Garfield County.
If they are put in clusters will we get to comment on their plan to be sure they meet emergency vehicle access, fire flow
and possibly wildfire mitigation needs?
Ron Biggers
Deputy Fire Marshal
Glenwood Springs Fire Department
Fire Sprinklers Save Lives!!!
970-384-6433
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e-mail transmission. If verification is required, please request a hard -copy version.
From: David Pesnichak [mailto:dpesnichak@garfield-county.com]
Sent: Tuesday, January 17, 2017 10:20 AM
To: Kelly Cave <kcave@garfield-county.com>; Morgan Hill <mhill@garfield-county.com>; Yvonne Long <ylong@garfield-
county.com>; jbuck@carbondaleco.net; Tim Cain <timc@newcastlecolorado.org>; jaluise@townofsilt.org;
nlindquist@rifleco.org; Stuart McArthur <StuartMC@parachutecolorado.com>; Gretchen E Ricehill
<gretchen.ricehill@cogs.us>; leach@carbondalefire.org; orrin.moon@crfr.us; firechief@debequefire.org; Ron Biggers
<ron.biggers@cogs.us>; opschief@gvfpd.org; justin@gypsumfd.com; pelland@rfschools.com; cjay@garfieldre2.org;
khaptonstall@garfieldre16.org
Subject: Tiny Homes ("Efficiency Homes") - GarCo Text Amd - Referral
Hello,
The Garfield County Community Development Department has received direction from the Garfield County
Board of County Commissioners to pursue a Text Amendment to the County Land Use and Development Code (LUDC) to
accommodate Tiny Homes (aka "Efficiency Homes") within Unincorporated Garfield County. The proposal is to amend
the definition for a Dwelling Unit, Detached to remove the provision that the unit have dimensions of at least 20' x 20'.
The proposal is to continue to require that the units meet all applicable building code requirements for a residential
dwelling unit. Attached is the Referral Form regarding this application. Please open and read it for instructions on
accessing a digital version of the application. Your comments are an important part of the evaluation process. In order
to review all appropriate agency comments and incorporate them into the staff report, we request your response by
Wednesday February 15, 2017.
1
Garfield County
195 W. 14th Street
Rifle, CO 81650
(970) 625-5200
Garfield County Community Development
108 8th Street
Glenwood Springs, CO 81601
Attn: David Pesnichak
February 22, 2017
Hello David,
Public Health
Public Health
EXHIBIT
1
2014 Blake Avenue
Glenwood Springs, CO 81601
(970) 945-6614
I have reviewed the application for a Code Text Amendment to Article 15 definitions of a
Detached Dwelling Unit to allow for Tiny Homes, or "Efficiency Homes" in Garfield County land
use code. Garfield County Public Health supports removing the dimensional requirements of 20
feet by 20 feet from the definition of "dwelling unit" so that Tiny Homes can be permitted in
unincorporated Garfield County. There are multiple benefits of Tiny Homes as an affordable
and environmentally friendly housing option. As mentioned in the Staff Memo, these homes use
less materials to produce and have a reduced footprint; and use less energy to heat and cool.
We also support maintaining the requirements of the International Residential Code (IRC) in the
design and operation of these units, particularly those that have an environmental health
component:
- They must have a sanitary sewer or onsite wastewater treatment system (OWTS)
connection and have a full bathroom with a toilet and sink that supplies both hot and cold
water; and
- Meet the County's drinking water requirements and have conducted a water quality test
that includes a suite of compounds at least as robust as those offered under the "Deluxe
Colorado Package" offered by the Colorado Department of Public Health and
Environment Laboratory Services Division.
When these homes also have a connection with the ground and are not suspended on a trailer,
Public Health also recommends testing the home for radon to reduce the risk of lung cancer.
Thank you,
Morgan Hill
Environmental Health Specialist III
Garfield County Public Health
195 W. 14th Street
Rifle, CO 81650
(970) 665-6383
Garfield County Public Health Department — working to promote health and prevent disease