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Home My WebLink About20142388.tiff RESOLUTION RE: CONSENT TO THE ENFORCEMENT OF THE 2012 INTERNATIONAL FIRE CODE, WITH AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD COUNTY LOCATED WITHIN THE MOUNTAIN VIEW FIRE PROTECTION DISTRICT WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Section 32-1-1002(1)(d), C.R.S., provides that a fire code promulgated by a fire district may not be enforced in unincorporated portions of Weld County without the consent of the Weld County Board of Commissioners, and WHEREAS, the Mountain View Fire Protection District Board of Directors has passed a resolution adopting the 2012 International Fire Code with certain amendments (attached hereto and incorporated herein by reference), and WHEREAS, after review, the Board deems it advisable to enforcement of the 2012 International Fire Code, with certain amendments detailed in the attached, within the unincorporated areas of Weld County that are also within the geographic boundaries of the Mountain View Fire Protection District. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board hereby consents to enforcement of the 2012 International Fire Code, with certain amendments detailed in the attached, within the unincorporated areas of Weld County that are also within the geographic boundaries of the Mountain View Fire Protection District. BE IT FURTHER RESOLVED that any further amendments to the 2012 International Fire Code by the Mountain View Fire Protection District shall not be effective within unincorporated Weld County without the presentation to, and consent of, the Weld County Board of County Commissioners. CC.�� 5) 2-1 2014-2388 SD0082 CONSENT TO THE ENFORCEMENT OF THE 2012 INTERNATIONAL FIRE CODE, WITH AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD COUNTY LYING WITHIN THE MOUNTAIN VIEW FIRE PROTECTION DISTRICT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of July, A.D., 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: d J s( ad o:4 pp( Pa h1/44, a ' • �•.uglks Rademache , Chair Weld County Clerk to the Board EL • r ara Kirkmey r, Pro-Te BY: F / I I iu 1 u4•� De u Clerk to he Board SED P. Conway i ;ter AP E FORM: ��...►� ike Fr man my Attorney � 2:27 illiam F. Garcia Date of signature: .g/i2- 2014-2388 SD0082 MOUNTAIN VIEW FIRE RESCUE (MOUNTAIN3561 North Stagecoach Road, Unit 200• Longmont, CO 80504 VIEW (303) 772-0710 • FAX (303) 651-7702 REscUE May 23,2014 Mr. Frank Piacentino,Chief Building Official Weld County Building Inspection 1555 North 17th Avenue Greeley,CO 80631 Dear Mr. Piacentino: Please see the Resolution of the Mountain View Fire Protection District Board of Directors adopting the 2012 International Fire Code and the Analysis of our amendments to the 2012 international Fire Code for your review. The Fire District requests that a recommendation be made to the Boulder County Commissioners to approve the adoption and applicability of the International Code, as described and modified in the Fire Districts Resolution adopted April 22, 2014 Thank you for your assistance in this matter. Should you have any questions, please contact me at 303-772- 0710 x 1121 Sincerely, C. LuAnn Penfold Fire Marshal LMP/Ip cc: file Ipfi,.(x,!4 2014-2388 www mvfpa.org RESOLUTION NO.2014-01 FIRE CODE MOUNTAIN VIEW FIRE PROTECTION DISTRICT A RESOLUTION ADOPTING AND AMENDING THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE®, PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSION HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES; AND PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES. WHEREAS,by Resolution, dated April 21, 2014, the Board of Directors of the Mountain View Fire Protection District adopted the 2012 Edition of the International Fire Code®in part; and WHEREAS, the Board of Directors deems it necessary and believes that it is in the best interest of public safety to adopt and enforce fire codes for the purpose of establishing rules of conduct and standards for the protection of life, health, property, security and welfare of the inhabitants of the District; and WHEREAS, the Board of Directors has considered the effect of fire code enforcement within the boundaries of the District and has determined that enforcement of the proposed codes would not cause undue hardship or suppression of economic growth within the District; and WHEREAS, the Board of Directors has studied the necessity for realistic and reasonable level of fire protection to be provided by a rural fire protection district, which includes areas of high density residential, commercial, and industrial development; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE MOUNTAIN VIEW FIRE PROTECTION DISTRICT THAT: SECTION I. Adoption of the 2012 International Fire Code®. A. CODE ADOPTED The 2012 International Fire Code®, including the following appendices: The 2012 International Fire Code® is adopted in the form, including those Sections as amended herein, and the following appendices: Appendix B, Fire-Flow Requirements for Buildings; Appendix C, Fire Hydrant Locations and Distribution; Appendix E, Hazard Categories; Appendix F, Hazard Ranking; Appendix G, Cryogenic Fluids - Weight and Volume Equivalents; Appendix H, Hazardous Materials Management Plan and Hazardous Materials Inventory Statement Instructions. 1 The date on which this Resolution shall take effect within the incorporated municipalities within this District shall be the date of approval by the governing board of said municipality and the date on which it shall take effect within the unincorporated portions of Boulder/Weld Counties shall be on the date of approval by the Boards of County Commissioners in and for the Counties of Boulder/Weld, State of Colorado. This Code shall be in effect within the territorial limits of the Mountain View Fire Protection District. B. CODE DESCRIBED The 2012 International Fire Code®is published by the International Code Council,4051 West Flossmore Road, Country Club Hills, IL 60478. C. COPIES ON FILE At least one copy of the 2012 International Fire Code®, as amended and adopted herein, shall be on file in the Administration Offices of the Mountain View Fire Protection District, 3561 North Stagecoach Road, Longmont, Colorado 80504, and may be inspected during regular business hours. D. PURPOSE The purpose of the code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of the code. The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion, or dangerous conditions in new and existing buildings, structures, and premises and to provide safety to fire fighters and emergency responders during emergency operations. Provisions in the appendices shall not apply unless specifically adopted. SECTION II: Definitions Wherever the term "Board of Directors" is used, it shall be held to mean the Board of Directors of the Mountain View Fire Protection District. Wherever the word "District" or phrase "Fire District" is used, it shall mean the Mountain View Fire Protection District. Wherever the term "International Building Code®" is used, it shall be held to mean the Building Code as adopted, amended and incorporated into the Boulder/Weld County Building Code, or the codes of incorporated municipalities. 2 Wherever the term "International Electrical Code®" is used, it shall be held to mean the Electrical Code as adopted, amended and incorporated into the Boulder/Weld County Electrical Code, or the codes of incorporated municipalities. SECTION III: Amendments Made in and to the 2012 International Fire Code®. The 2012 International Fire Code®is amended and changed in the following respects: A. Section 101.1 is amended to read as follows: 101.1 Title. These Regulations shall be known as the Fire Code of the Mountain View Fire Protection District, hereinafter referred to as "this code". B. Section 102.5, Application of residential code, is amended by the addition of an Exception,to Item 1 only,to read as follows: EXCEPTION: Dwelling unit fire sprinkler systems, or portions thereof, installed in accordance with Section P2904 of the 2012 International Residential Code® do not require a permit. Nevertheless, dwelling unit fire sprinkler systems, or portions thereof, installed in accordance with NFPA 13D require a permit pursuant to Section 105.7.1 of this code. C. Section 102.7 is amended to read as follows: 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be the most recent edition of those that are listed in Chapter 80 and such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply. D. Section 103.4 Liability shall be amended by the addition of the following sentence at the end of the section: "Nothing herein shall be construed as a waiver of any immunity provided by Section 24-10-101, et seq., C.R.S. or by other statutes, or by the common law." E. Section 105.4.1 is amended to read as follows: 105.4.1 Submittals. Construction documents shall be submitted in one or more sets and in such form and detail as required by the fire code official. The construction documents shall be prepared by a registered design professional when said documents are submitted in support of an application for a construction permit. When requested, qualification statements shall be submitted to the fire code official for the registered design professional to demonstrate compliance with the professional qualifications defined in Section 202. F. Section 105.6 Operational Permits is amended by deletion of Sections 105.6.11, 105.6.15, 105.6.17, 105.6.23, 105.6.38 as published. 3 G. Section 105.6.30 shall be amended by the addition of the following sentence: "No such permit shall be required where burning is regulated pursuant to regulations promulgated under Section 25-7-123, C.R.S., and regulated by the Boulder/Weld County Health Departments or municipal authorities." H. Section 105.7.6 is amended to read as follows: 105.7.6 Fire alarm and detection systems and related equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related equipment, including emergency alarm systems and smoke control systems. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. A new Section 105.7.17, Explosion control, is added to read as follows: 105.7.17 Explosion control. A construction permit is required to install or modify explosion control provided as required in Section 911. J. Subsection 108.1 is repealed in its entirety and re-enacted to read as follows: 108.1 Appeals Procedure - General. Any person, firm or corporation aggrieved by any application, interpretation or order made by fire district personnel, pursuant to any provision of the code or the standards adopted, may file, within five (5) days, a written notice of appeal with the fire district requesting a hearing before the fire chief. All appeals must be made in writing to the fire chief at the District's Administrative Office, 3561 North Stagecoach Road, Longmont, Colorado, 80504. The fire chief shall establish reasonable rules for such appeal and shall make a record of all proceedings. The decision of the fire chief shall be considered a final administrative decision. 108.1.1 Appeals Procedure — Administrative Decisions. To determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this code,upon request of an interested party, including the fire chief or designee, there shall be, and is hereby created, a board of appeals consisting of five members who are qualified by experience and training to pass judgment upon pertinent matters. The board of appeals shall be appointed by the Board of Directors and shall hold office at its pleasure. The board of appeals shall adopt reasonable rules of procedure for conducting its business, and shall render all interpretations, decisions and findings in writing to the appellant or requesting party with a duplicate copy to the fire chief. All appeals of the fire chiefs decision shall be made in writing, within five (5) days of the date of the fire chiefs decision, to the Board of Directors by delivery to the District Fire Chief or his representative at the District's Administrative Office, 3561 North Stagecoach Road, Longmont, Colorado, 80504. K. Section 109.4 is amended to read as follows: 109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine 4 of not more than ONE THOUSAND ($1,000.00) DOLLARS or by imprisonment not exceeding ONE (1) YEAR, or both such fine and imprisonment. Each day during which such violation continues, shall be deemed a separate offense. L. Section 111.4 is amended to read as follows: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition,shall be liable to a fine and/or imprisonment up to the maximum specified in Section 32-1-1001 and 1002, C.R.S. Each day in which such violation occurs shall constitute a separate violation pursuant to Section 32-1002(3)(d)C.R.S. M. Section 113,Fees, is deleted in its entirety and replaced as follows: 113.1 Fees. Fees for services pursuant to the provisions of this code shall be established from time to time by resolution of the Board of Directors pursuant to Section 32-1- 1002(1)(j) C.R.S. Said fees and charges may include a charge for reimbursement to the fire district of any consultation fees, expenses or costs incurred by the fire district in the performance of inspection related services pursuant to provisions of this code. 113.2 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid; nor shall an amendment to a permit be released until additional fees, if any, has been paid. 113.3 Operational permit fee. An inspection fee may be charged for any operational permit required by Section 105.6. The inspection fee shall be based upon the time required to conduct inspections authorized by Section 105.2.2 and associated activities, to determine compliance with this code and other applicable laws and ordinances as required by Section 105.2.4, and to issue the permit as specified in Section 105.3.7. 113.4 Construction permit fee. A fee may be charged for any construction permit required by Section 105.7 of this code. The construction permit fee is intended to cover the cost of inspections required or requested in connection with the work for which the permit is granted, and the associated costs of processing the application. An application shall include an estimate of the total value of the work, including materials and labor, for which the permit is being sought. If, in the opinion of the fire code official, the valuation is underestimated on the application, the permit shall be denied, unless written estimates are provided in a form acceptable to the fire code official, and that support the valuation set forth in the application. Final construction permit valuation shall be set by the fire code official. 113.5 Other inspection fee. Fees for reinspections, for inspections outside normal business hours, or for inspections for which no fee is otherwise established may be charged. 113.6 Plan review fee. The plan review fee is intended to cover the significant costs and expenses incurred by the fire district in reviewing materials necessary to perform 5 appropriate inspections of construction, uses, processes, and operations. The fee shall be assessed based on the reasonable, customary, and necessary time associated with reviewing or evaluating site plans; construction documents and calculations; changes, additions, or revisions to approved plans; construction documents resubmitted after the fire code official's issuing a statement explaining the reasons that a previous submittal does not conform to the requirements of this code. When submittal documents are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged. The plan review fee required by this section is separate from the construction permit fee required by Section 113.4. 113.7 Unauthorized Work Inspection Fee. Any person or entity that commences any work before obtaining a construction permit required by Section 105.7 shall be subject to an inspection fee in an amount equal to the amount of the construction permit fee. The fee shall be separate from and in addition to a construction permit fee. Payment of the inspection fee shall not relieve any person from compliance with all other provisions of this code or from any penalty prescribed by law. The inspection fee shall be assessed regardless whether or not a construction permit is then or subsequently issued. EXCEPTION: When approved in writing by the fire code official, work may commence prior to obtaining a construction permit. 113.8 Related Fees. The payment of the fee for construction, uses, processes, or operations authorized by an operational permit or construction permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law or required by Section 113. N. Section 905.2, Installation standard is amended to read as follows: 905.2 Installation standard. Standpipe systems shall be installed in accordance with this section and NFPA 14. Fire hose is not required for any class of standpipe system. O. Section 3103.5 is amended to read as follows: 3103.5 Use period. Temporary tents, air- supported, air-inflated or tensioned membrane structures shall not be erected for a period of more than 30 days within a 12-month period on a single premises. P. Section 5601.1.3 is amended to read as follows: 5601.1.3 Fireworks. Exception #2 is deleted in its entirety. Q. Section 5704.2.9.6.1 is amended to read as follows: 5704.2.9.6.1 Locations where above- ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited as established by any ordinance or zoning regulation adopted by Boulder[Weld Counties, or the municipalities of Dacono, Erie, or Mead. R. Section 5706.2.4.4 is amended to read as follows: 5706.2.4.4 Locations where above- ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks is 6 prohibited as established by any ordinance or zoning regulation adopted by Boulder/Weld Counties, or the municipalities of Dacono,Erie, or Mead. S. The second paragraph in subsection 5806.2, Location, is amended to read as follows: Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited as established by any ordinance or zoning regulation adopted by Boulder/Weld Counties, or the municipalities of Dacono, Erie, or Mead. T. Section 6004.2.2.7 Treatment systems, is amended by the deletion of the exceptions. U. Section 6104.2, Maximum capacity within established limits (retaining the Exception as printed), is amended to read as follows: 6104.2 Maximum capacity within established limits. The limits, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: as addressed by any ordinance or zoning regulation adopted by Boulder/Weld Counties, or the municipalities of Dacono, Erie, or Mead. This section shall not be interpreted so as to be in conflict with the provisions of Section 8-20-101 et seq. and Section 34-64-101 et seq., C.R.S. SECTION IV: Enforcement and Appeals A. The Chief shall enforce this code in accordance with the procedures set forth in this code and Section 32-1-1002(3), C.R.S. 13. A Notice of Violation or Hazard may be issued by the Chief or his designee concerning violations or hazards which are not corrected on site during an inspection. An Order to Comply may be issued by the Chief or his designee: 1. For failure to correct a violation or hazard with the time specified in a previously issued Notice of Violation or Hazard; or 2. For violating the code or state statute and said violation renders the building,structure or premises especially liable to fire or is hazardous to the safety of the occupants thereof, or which is so situated as to endanger other property as set forth in Section 32-1-1002(3), C.R.S,whether or not a Notice has been previously issued. C. An appeal of a Notice of Violation or Hazard may be made in accordance with the provisions of this code and resolution. D. An appeal of an Order to Comply may be made in accordance with the provisions of this code and resolution only if no previous appeal has been made of a previously issued Notice of Violation or Hazard concerning the same violation or hazard. E. In the event no appeal is made pursuant to this code and resolution, or to the court pursuant to Section 32-1-1002(3), C.R.S; and compliance with an Order and/or correction of a hazard has not occurred,the Chief or his designee may issue a Summons and Complaint to the Municipal Court of the City or Town of the incorporated municipality in which the 7 violation occurs or refer the matter to the district attorney of the county in which the violation occurs. F. An appeal shall suspend the time limits for compliance or correction of a fire hazard or hazards, until the appeal is resolved for appeals of a Notice of Violation or Hazard which is issued pursuant to Section IV, paragraph B.1 herein. An appeal shall not suspend the time limit for compliance or correction of life safety deficiencies or violations. An appeal of an Order issued pursuant to Section, IV, paragraph B.2 herein shall not suspend the time limits for compliance or correction, and compliance or correction shall be made or rendered forthwith,unless the Order is suspended pursuant to the procedures set forth in this code and resolution. SECTION V: Violations-Penalties A. Violations of this Code are unlawful. Any owner, lessee, agent, or occupant of any building or premises maintaining any condition likely to cause fire or to constitute an additional fire hazard or any condition which impedes or prevents the egress of persons from such building or premises in violation of the provisions of Section 32-1002(3) C.R.S., shall be deemed to be maintaining a fire hazard. Any person who violates any provision of said subsection 3 is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine and/or imprisonment up to the maximum specified in Section 32-1-1001 and 1002, C.R.S. Each day in which such violation occurs shall constitute a separate violation pursuant to Section 32-1002(3)(d) C.R.S. B. Imposition of such penalties shall not limit any other equitable or legal right or remedy the District may have to enforce this Code or to prevent the removal or correction of prohibited conditions or other injunctive relief as appropriate under the circumstances. SECTION VI: Repeal of Conflicting Ordinances or Resolutions. All former ordinances or resolutions enacted by the District or parts thereof conflicting or inconsistent with the provisions of this Resolution of the Code or Standards hereby adopted are hereby repealed. SECTION VII: Severance Clause. The Mountain View Fire Protection District Board of Directors hereby declares that should any article, section, paragraph, sentence, clause, phase or word of this Resolution or the 2012 International Fire Code®, as adopted and amended,is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Resolution, Code or Standards. SECTION VIII: Safety Clause. 8 The Board of Directors of the Mountain View Fire Protection District hereby finds, determines, and declares that adoption of the 2012 International Fire Code®, as amended herein, is necessary for the preservation of the public health, safety and welfare of the property and citizens within its boundaries. SECTION IX: Validity. The Board of Directors of the Mountain View Fire Protection District hereby declares that should any section,paragraph,sentence, clause,phase or word of this Resolution or the 2012 International Fire Code®hereby adopted be declared for any reason to be invalid, it is the intent of the Board of Directors of the Mountain View Fire Protection District that it would have passed all other portions of this Resolution independent of the elimination here from any such portion as may be declared invalid. SECTION X: Effective Date. This resolution shall take effect and be enforced within incorporated municipalities and unincorporated portions of Boulder/Weld Counties from and after its approval as set forth in Section 32-1-1002(1)(d), C.R.S. INTRODUCED, READ AND ADOPTED ON THIS4 7 DAY OF 2014. MOUNTAIN VIEW FIRE PROTECTION DISTRICT By President ATTEST: Sec ary 9 Analysis to the Mountain View Fire Protection District 2012 International Fire Code® Amendments Section 101.1 is amended to read as follows: 101.1 Title. These Regulations shall be known as the Fire Code of the Mountain View Fire Protection District, hereinafter referred to as"this code". Analysis to Amendment: To establish this code is the Fire Code for the Mountain View Fire Protection District. Section 102.5 Application of residential code, is amended by the addition of an Exception, to Item 1 only, to read as follows: EXCEPTION: Dwelling unit fire sprinkler systems, or portions thereof, installed in accordance with Section P2904 of the 2012 International Residential Code® do not require a permit. Nevertheless, dwelling unit fire sprinkler systems, or portions thereof, installed in accordance with NFPA 13D require a permit pursuant to Section 105.7.1 of this code. Analysis to Amendment: The exception is added to make it clear that if a residential sprinkler system is provided in accordance with NFPA 13D, they must obtain a permit from the Fire District prior to proceeding with installation. This is in line with requirements of the State of Colorado. Section 102.7 is amended to read as follows: 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be the most recent edition of those that are listed in Chapter 80 and such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code and the referenced standards, the provisions of this code shall apply. Analysis to Amendment: So that the most recent standards may be used instead of having to use those specific standards referenced in Chapter 80_that may be several code cycles behind. Section 103.4 Liability shall be amended by the addition of the following paragraph at the end of the section: "Nothing herein shall be construed as a waiver of any immunity provided be Section 24-10-101,et seq., C.R.S. or by other statutes,or by the common law." Analysis to Amendment: To avoid conflict with the Colorado Revised Statutes. 30834.1 1 Section 105.4.1 is amended to read as follows: 105.4.1 Submittals. Construction documents shall be submitted in one or more sets and in such form and detail as required by the fire code official. The construction documents shall be prepared by a registered design professional when said documents are submitted in support of an application for a construction permit. When requested, qualification statements shall be submitted to the fire code official for the registered design professional to demonstrate compliance with the professional qualifications defined in Section 202. Analysis to Amendment: To provide a means for the Fire District to get additional proof that the individual designing the plans is truly qualified in the field of work for which plans are submitted. Section 105.6 Operational Permits is amended by deletion of Sections 105.6.11, 105.6.15, 105.6.17, 105.6.23, 105.6.38 as published. Analysis to Amendment: Having to obtain a permit for welding/cutting operations, operation of fire hydrants, conducting floor finishing and for refrigeration equipment is deleted. Refrigeration equipment is regulated by the mechanical code and fue hydrants are owned by separate water providers. Trying to regulate or know when an individual may finish their floors or conduct hotwork operations is near impossible. Section 105.6.30 shall be amended by the addition of the following sentence: "No such permit shall be required where burning is regulated pursuant to regulations promulgated under Section 25-7-123, C.R.S., and regulated by the Boulder/Weld County Health Departments or municipal authorities." Analysis to Amendment: The requirement for a permit to burn is not required where burning is regulated pursuant to regulations promulgated under Section 25-7-123, C.R.S., and regulated by the Boulder/Weld County Health Departments or municipal authorities. Section 105.7.6 is amended to read as follows: 105.7.6 Fire alarm and detection systems and related equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related equipment, including emergency alarm systems and smoke control systems. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. Analysis to Amendment: To add the requirement that emergency alarms and smoke control systems required by the fire code are also reviewed by the Fire District. A new Section 105.7.17, Explosion control, is added to read as follows: 105.7.17 Explosion control. A construction permit is required to install or modify explosion control provided as required in Section 911. 10853.1 2 Analysis to Amendment: To add the requirement that explosion control systems required by the fire code are also reviewed by the Fire District. Section 108.1 is repealed in its entirety and re-enacted to read as follows: 108.1 Appeals Procedure - General. Any person, firm or corporation aggrieved by any application, interpretation or order made by fire district personnel, pursuant to any provision of the code or the standards adopted, may file, within five (5) days, a written notice of appeal with the fire district requesting a hearing before the fire chief. All appeals must be made in writing to the fire chief at the District's Administrative Office, 3561 North Stagecoach Road, Longmont, Colorado, 80504. The fire chief shall establish reasonable rules for such appeal and shall make a record of all proceedings. The decision of the fire chief shall be considered a final administrative decision. 108.1.1 Appeals Procedure — Administrative Decisions. To determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this code, there shall be, and is hereby created, a board of appeals consisting of five members who are qualified by experience and training to pass judgment upon pertinent matters. The fire chief shall be an ex officio member of said board of appeals but shall have no vote on any mater before the board. The board of appeals shall be appointed by the Board of Directors and shall hold office at its pleasure. The board of appeals shall adopt reasonable rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire chief. All appeals of the fire chiefs decision shall be made in writing, within three(3) days of the date of the fire chief's decision, to the Board of Directors by delivery to the District Fire Chief or his representative at the District's Administrative Office, 3561 North Stagecoach Road,Longmont, Colorado,80504. Analysis to Amendment: The appeals procedure has been amended to allow the aggrieved person, firm or corporation and the Fire District to reach an agreement with the Chief before taking the appeals process to the final appeals board as outlined in the Resolution. Section 109.4 is amended to read as follows: 109.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor,punishable by a fine of not more than ONE THOUSAND ($1,000.00) DOLLARS or by imprisonment not exceeding ONE (1) YEAR, or both such fine and imprisonment. Each day during which such violation continues, shall be deemed a separate offense. Analysis to Amendment: To set fines and penalties violations. 30854.1 3 Section 111.4 is amended to read as follows: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition,shall be liable to a fine and/or imprisonment up to the maximum specified in Section 32-1-1001 and 1002, C.R.S. Each day in which such violation occurs shall constitute a separate violation pursuant to Section 32-1002(3)(d) C.R.S. Analysis to Amendment: To set fines for failure to comply as allowed in the Colorado Revised Statutes. A new Section 113,Fees,is added to read as follows: 113.1 Fees. Fees for services pursuant to the provisions of this code shall be established from time to time by resolution of the Board of Directors pursuant to Section 32-1- 1002(1)(j) C.R.S. Said fees and charges may include a charge for reimbursement to the fife district of any consultation fees, expenses or costs incurred by the fire district in the performance of inspection related services pursuant to provisions of this code. 113.2 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid; nor shall an amendment to a permit be released until additional fees, if any, has been paid. 113.3 Operational permit fee. An inspection fee may be charged for any operational permit required by Section 105.6. The inspection fee shall be based upon the time required to conduct inspections authorized by Section 105.2.2 and associated activities, to determine compliance with this code and other applicable laws and ordinances as required by Section 105.2.4, and to issue the permit as specified in Section 105.3.7. 113.4 Construction permit fee. A fee may be charged for any construction permit required by Section 105.7 of this code. The construction permit fee is intended to cover the cost of inspections required or requested in connection with the work for which the permit is granted, and the associated costs of processing the application. An application shall include an estimate of the total value of the work, including materials and labor, for which the permit is being sought. If, in the opinion of the fire code official, the valuation is underestimated on the application, the permit shall be denied, unless written estimates are provided in a form acceptable to the fire code official, and that support the valuation set forth in the application. Final construction permit valuation shall be set by the fire code official. 113.5 Other inspection fee. Fees for reinspections, for inspections outside normal business hours, or for inspections for which no fee is otherwise established may be charged. 30854.1 4 113.6 Plan review fee. The plan review fee is intended to cover the significant costs and expenses incurred by the fire district in reviewing materials necessary to perform appropriate inspections of construction, uses, processes, and operations. The fee shall be assessed based on the reasonable, customary, and necessary time associated with reviewing or evaluating site plans; construction documents and calculations; changes, additions, or revisions to approved plans; construction documents resubmitted after the fire code official's issuing a statement explaining the reasons that a previous submittal does not conform to the requirements of this code. When submittal documents are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged. The plan review fee required by this Section 112.6 is separate from the construction permit fee required by Section 113.4. 113.7 Unauthorized Work Inspection Fee. Any person or entity who commences any work before obtaining a construction permit required by Section 105.7 shall be subject to an inspection fee in an amount equal to the amount of the construction permit fee. The fee shall be separate from and in addition to a construction permit fee. Payment of the inspection fee shall not relieve any person from compliance with all other provisions of this code or from any penalty prescribed by law. The inspection fee shall be assessed regardless whether or not a construction permit is then or subsequently issued. EXCEPTION: When approved in writing by the fire code official, work may commence prior to obtaining a construction permit. 113.8 Related Fees. The payment of the fee for construction, uses, processes, or operations authorized by an operational permit or construction permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law or required by Section 113. Analysis to Amendment: To allow for the collection of fees within the District pursuant to Section 32-1-1002(1)0) C.R.S.,for services or programs. Section 905.2 is amended to read as follows: 905.2 Installation standards. Standpipe systems shall be installed in accordance with this section and NFPA 14. Fire hose is not required for any class of standpipe system. Analysis to Amendment: Hose often provided by an occupant is not normally maintained, racked properly, is usually single jacket hose and the Fire District will use not this hose. The Fire District would prefer building occupants to exit the building rather than try to fight fire with hose because the occupants are typically not trained. Section 3103.5 is amended to read as follows: 3103.5 Use period. Temporary tents, air- supported, air-inflated or tensioned membrane structures shall not be erected for a period of more than 30 days within a 12-month period on a single premises. 10854.1 5 Analysis to Amendment: To limit the use of tents or similar structures to 30 days rather than 180 days. These are meant to be temporary structures for special activities or events and not to be used as semi-permanent structures for warehousing or other operations,which can occur when the use period is 180 days. Section 5601.1.3 is amended to read as follows: 5601.1.3 Fireworks. Exception #2 is deleted in its entirety. Analysis to Amendment: To prohibit the manufacture, assembly and testing of fireworks as allowed by the exception. We do not want this activity located anywhere within the Fire District. Section 5704.2.9.6.1 is amended to read as follows: 5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited as established by any ordinance or zoning regulation adopted by Boulder/Weld Counties, or the municipalities of Dacono, Erie, or Mead. Analysis to Amendment: To allow for local zoning ordinances in the counties or incorporated municipalities to set limits on these type of materials. Section 5706.2.4.4 is amended to read as follows: 5706.2.4.4 Locations where above- ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks is prohibited as established by any ordinance or zoning regulation adopted by Boulder/Weld Counties, or the municipalities of Dacono,Erie, or Mead. Analysis to Amendment: To allow for local zoning ordinances in the counties or incorporated municipalities to set limits on these type of materials. Section 5806.2. The second paragraph in subsection 5806.2, Location, is amended to read as follows: Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited as established by any ordinance or zoning regulation adopted by Boulder/Weld Counties, or the municipalities of Dacono,Erie, or Mead. Analysis to Amendment: To allow for local zoning ordinances in the counties or incorporated municipalities to set limits on these type of materials. Section 6004.2.2.7 Treatment systems, is amended by the deletion of the exceptions. Analysis to Amendment: The Uniform Codes required• treatment systems to be provided wherever toxic or highly toxic gases were used. When the I-Codes were developed these provisions were diluted by the addition of exceptions. By the deletion of the exceptions, we are ensured that wherever toxic or highly toxic gases are used or stored, safety systems are in place to scrub the gas to a safe level in the event of a leak. 3035.1 6 Section 6104.2, Maximum capacity within established limits (retaining the Exception as printed), is amended to read as follows: 6104.2 Maximum capacity within established limits. The limits, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: as addressed by any ordinance or zoning regulation adopted by Boulder/Weld Counties, or the municipalities of Dacono, Erie, or Mead. This section shall not be interpreted so as to be in conflict with the provisions of Section 8-20-101 et seq. and Section 34-64-101 et seq., C.R.S. Analysis to Amendment: To allow for local zoning ordinances in the counties or incorporated municipalities to set limits on these type of materials. 30E54.1 7 Esther Gesick From: Brad Yatabe Sent: Tuesday, July 29, 2014 1:00 PM To: Esther Gesick Subject: FW: 2012 Fire Code adoption- notice Attachments: APRIL.2014.Board.Packet.pdf; 2014.Meetings.Schedule.doc Esther, With regards to tomorrow's Mountain View Fire agenda item, it looks like they do not provide notice by publication (see gg below email), but they do post notice on the website and at the stations. BRAD YATABE ASSISTANT WELD COUNTY ATTORNEY 11 50 O STREET MAILING ADDRESS: P.O. Box 758, GREELEY, CO 80632 TEL: (970) 356-4000 EXT. 4396 FAX: (970) 352-0242 f 1� r - . - ,v• STATEMENT OF CONFIDENTIALITY & DISCLAIMER: THE INFORMATION CONTAINED IN THIS EMAIL MESSAGE AND ANY ATTACHMENTS IS ATTORNEY-CLIENT PRIVILEGED, CONFIDENTIAL, AND INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, OR COPYING OF THIS EMAIL IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS EMAIL IN ERROR, PLEASE CEASE VIEWING THE CONTENTS, NOTIFY THE SENDER IMMEDIATELY BY REPLY EMAIL, AND PERMANENTLY DELETE THIS EMAIL AND ANY ATTACHED MATERIALS. From: LuAnn Penfold tmailto:Ipenfold1101©cmail.com] Sent: Tuesday, July 29, 2014 12:54 PM To: Brad Yatabe Subject: Fwd: 2012 Fire Code adoption- notice Here is what Donna had to say: LuAnn Forwarded message From: Donna Mullison <dmull1015@aol.com> Date: Tue, Jul 29, 2014 at 9:56 AM Subject: Re: 2012 Fire Code adoption- notice To: 1penfold 1101(4mail.com We don't publish a notice for this specific item. We post our notice of meetings and our agendas on the website and at the Stations. Attached is the notice of meetings, as well as the board packet, including the agenda, for the Board meeting that was also posted on our website. Good Luck! Donna 1 Donna L.. Mullison, Finance Director Mountain View Fire Protection District 3561 North Stagecoach Road Longmont, CO 80504 303-772-0710, ext. 1115 303-651-7702 (FAX) 303-434-5341 (Cell) Original Message From: LuAnn Penfold <Ipenfold1101(o�gmail.com> To: Donna Mullison <dmullisonamvfpd.orq> Sent: Tue, Jul 29, 2014 8:55 am Subject: Fwd: 2012 Fire Code adoption- notice Hi Donna, Weld County is asking for a copy of the published notice regarding this meeting. As you were still handing the board meetings at this time, I'm hoping you still have it. Thanks, LuAnn --------- Forwarded message From: Brad Yatabe <bvatabe(aco.weld.co.us> Date: Fri, Jul 25, 2014 at 12:04 PM Subject: 2012 Fire Code adoption-notice To: "LuAnn Penfold (Ipenfold1101(Wgmail.com)" <Ipenfold1101egmail.com> LuAnn, Can you send me a copy of the notice published in relation to the Fire Protection Board meeting where the resolution was adopted. The date on the resolution is the April 21, 2014, Board meeting. Thanks. Brad Yatabe Assistant Weld County Attorney 1150 O Street Mailing Address: P.O. Box 758, Greeley, CO 80632 tel: (970) 356-4000 ext. 4396 fax: (970) 352-0242 4V Isar- w s,N STATEMENT OF CONFIDENTIALITY& DISCLAIMER: The information contained in this email message and any attachments is attorney-client privileged, confidential, and intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this email is strictly prohibited. If you have received this email in error, please cease viewing the contents, notify the sender immediately by reply email, and permanently delete this email and any attached materials. 2 Hello