Fountain, CO Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Applies to
- Non-owner occupied and rented buildings
- Governing chapter
- Fountain Municipal Code Ch. 8.12
- Owner liability
- Cannot be shifted to tenant by lease
- New work standard
- Current Pikes Peak Regional Building Code
- Fine range
- $250.00 to $1,000.00 per conviction
- Complaint path
- Any resident may file with code compliance officer
Summary
Fountain's Property Maintenance Code, Chapter 8.12 of the Municipal Code, applies to every non-owner occupied dwelling and rented nonresidential building in the city and makes the responsible party keep the unit and shared areas safe, sanitary, and structurally sound. Landlords cannot shift this duty to tenants by lease, and violations trigger the same nuisance abatement process as any substandard building.
This chapter applies to all buildings or portions of buildings used or designed to be used for human habitation of non-owner occupied housing, and to nonresidential buildings as defined in section 8.12.030. ... Every owner remains liable for violations of duties imposed by this chapter even though an obligation is imposed on the occupants of the building and even through the owner has by agreement imposed on the occupant the duty of furnishing required equipment or of complying with this chapter. ... Every responsible party, in addition to being responsible for maintaining the building in a sound structural condition, shall be responsible for keeping that part of the building or premises which the responsible party occupies or controls in a safe and sanitary condition, including the shared or public area in a building containing two or more dwelling units.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).
Full Breakdown
12 to any dwelling unit, guest room, hotel room, or mobile home that is leased, rented, or otherwise occupied by someone other than the fee owner of record, plus any rented nonresidential building; new construction or alteration must also meet the current Pikes Peak Regional Building Code. 12 duties even where a lease assigns upkeep to the tenant, and specifically requires every responsible party to keep the building structurally sound and to keep the portion of the building or premises they occupy or control safe and sanitary, including shared or public areas in buildings with two or more units.
060 (broken windows, pest infestation, inadequate hot and cold running water, missing heat, light, or sewer connection, and similar hazards), and furnish any devices or facilities the code, another Code provision, or the county health department requires. 200.
Violations & Fines
Failing to maintain a rental unit or rented commercial building under Chapter 8.12 exposes the responsible party, whether owner or property manager, to the same enforcement track as any substandard-building nuisance: a written notice to abate, an administrative hearing if contested, and on conviction a fine of $250.00 to $1,000.00 per Section 8.12.200, with each day of continued noncompliance a separate offense and abatement costs recoverable as a lien against the property.
Frequently Asked Questions
Who is responsible for repairs in a Fountain rental, landlord or tenant?
What counts as a 'non-owner occupied' building under this chapter?
What conditions can trigger a habitability complaint against a Fountain rental?
Can new construction in a rental skip current building code requirements?
Sources & Official References
Other rules in Fountain
Compare Fountain to another location·View the Colorado rental property rules overview
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Repairs & Habitability in Nearby Cities
How other cities in El Paso County handle repairs & habitability.