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WELD COUNTY
CODE ORDINANCE 2010-10
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2
ADMINISTRATION, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS,the Board of County Commissioners of the County of Weld, State of 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, the Board of County Commissioners, on December 28, 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including
the codification of all previously adopted ordinances of a general and permanent nature enacted on
or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and
hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to
read as follows.
CHAPTER 2
ADMINISTRATION
ARTICLE I
Board Procedures
Amend Sec. 2-1-10. Conduct of meetings.
A. The Board of County Commissioners shall conduct two (2) regular weekly board
meetings, on Monday and Wednesday of each week, to commence at 9:00 a.m.
1 thru 4 - No change
B. The Board of County Commissioners shall, in its capacity as the County Board of
Human Services, conduct the business of such Board during the County
Commissioners' regular meetings each Monday and Wednesday, as authorized
pursuant to Section 26-1-116(3) C.R.S.
C. On the fourth Monday of the month the Board of County Commissioners shall
convene as the Weld County Housing Authority.
Remainder of Section - No change 111111111111 111111 1111111111111111 11111 III 111111111 lilt
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Amend Sec. 2-1-40. Contracts.
A thru F - No change
G. Weld County Seal. Pursuant to Section 3-7(2) of the Weld County Home Rule
Charter, the Clerk to the Board is the custodian of the County Seal. Use of the Seal
shall be reserved for attestation of signature by all five (5) Commissioners or for
signature by the Chair, as authorized by the Board of Weld County Commissioners,
and for display on the Weld County flag.
H. Weld County Logo. The Weld County Logo is authorized for use by all County staff
on items of County correspondence, authorized departmental forms, and the official
Weld County website.
Amend Sec. 2-1-50. Disposition of electronic recordings.
Taped recordings of Board of County Commissioners' regular and special meetings and
hearings be retained three (3) years, plus the current year, according to the following rules:
A. At the end of each calendar year, the Clerk to the Board will send a memo to the
County Attorney's office requesting identification of recordings which are scheduled
for disposition.
B. The County Attorney's office will identify any specific recordings or hearings which
should be retained beyond the three (3) year period due to pending or possible
litigation.
C. Recordings not to be retained will be pulled and destroyed by the Clerk to the
Board's staff, and a list compiled detailing those recordings thus destroyed.
Amend Sec. 2-1-60. Referral/response to correspondence.
All complaints or requests from citizens received in the Board of County Commissioner's
ammo9 office shall be handled as follows:
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cc A. A copy of each complaint or request received, along with a Response form, will
ISIS;Y immediately be sent to the appropriate department. These documents will be
marked to the attention of the elected official or department head. A copy of the
complaint or request will be placed in the Commissioners'"Pass Around"file for their
ress-3 d information, with a note attached describing to which department the complaint or
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o request was referred.
los271 d B. Clerk to the Board will keep the original letter in a suspense file in order to verify final
�?."' responses are sent within a reasonable time limit.
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C. Elected officials are asked to submit a copy of their response to the Clerk to the
o Board for the Commissioners' information.
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sem D. The department head will be asked to respond within three (3) days or, if unable to
Ismo°C do so,to send an e-mail to CTB Group, stating the time required for further research
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or review. Upon receipt of the e-mail,the Clerk to the Board's office will send a form
rare o letter, with the Chair's signature, to the citizen stating that the matter is being
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PAGE 2 2010-2991
ORD2010-10
reviewed and giving the time frame for the response to be mailed.A copy of the letter
will be placed in the suspense file with the original letter.
E. After investigation of the complaint or request, the department head will make his or
her recommendation to the Board of County Commissioners, marking the correct
response, as listed below. The completed form (green sheet) and any supporting
documents will then be returned to the Clerk to the Board.
1. "Board action"means that some official action is required from the Board of
County Commissioners, such as needing to be placed on the agenda for a
policy decision or resolution.
2. "Work session" means the department head wishes to discuss the matter
with the Board of County Commissioners in a work session. No further
action is necessary to schedule the work session; if the Board agrees, the
Commissioners' Secretary will schedule the work session and notify all
appropriate parties.
3. "Letter (attached)" means a response has been drafted for the Chair's
signature, or has been signed and sent by the department head or elected
official to the individual making the complaint or request.
4. "No response"means no response was made by the department. Please
explain to the Board of County Commissioners why no response is required.
5. "Telephone" means a telephone call was made to the individual by the
department. Please give the date, who made the call and the name of the
individual receiving the call.
6. "E-mail reply" means the department replied to an inquiry for information
using e-mail correspondence.
F. Clerk to the Board will "pass around" the completed form amongst the
mi= 9 Commissioners, requesting approval or other desire of the Board. Any approval
letter shall be signed by the Chair. If the letter is not approved by the other
c Commissioners, the Commissioners'Secretary will pull it for the Clerk to the Board's
Y office to make changes.
G. Clerk to the Board will verify the action required and mail any approved
correspondence, sending a copy back to the department. The matter will either be
d a placed on the agenda as new business or listed as correspondence on the Consent
Agenda, depending on the action required.
y Amend Sec. 2-1-80. Work sessions.
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A. The Board of County Commissioners will hold work sessions as scheduled
according to the Board's calendar.
o B. Work sessions are intended to provide a means of obtaining specific Board
o x administrative direction, and to brief the Board concerning items which are
soon to be scheduled on regular Board meetings. All proposed grant
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applications must be formally presented to the Board in a work session prior
to asking for the Board's fiscal endorsement and approval.
C. Work session/review process: Background documents must be submitted prior to
the scheduled work session for inclusion into electronic work session packets to be
viewed on the Board's laptops. The following procedures shall be followed by
department heads seeking work sessions:
1. Confirm commissioner coordinator approval to schedule work session.
2. Complete work session cover letter.
3. Scan cover letter and all supporting documents preferably as pdf file.
4. E-mail scanned cover letter and documents to Vicky Sprague.
5. Work session is scheduled.
Department heads unable to forward the scanned cover letter and documents shall
bring them to the scheduled work session and present to Board using Elmo
projector. The standard cover letter is as follows:
imam 8 BOARD OF COUNTY COMMISSIONERS
WORK SESSION COVER LETTER
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Department/Office Date:
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MI=MIg Person requesting work session: Extension:
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Has your commissioner coordinator/elected official approved the work session?
M ti Recommended length of time needed for discussion:
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d In addition to yourself and the board, who should attend?
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N G Brief description of the issue:
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mmi o ac Options for the board:
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o n o Recommendation to the board:
—"� D and E - No change
Amend Sec. 2-1-120. Delegation of Authority, as follows:
H. Delegation of authority concerning agreements for continuation of health insurance for
former County employees or elected officials.
1. By Resolution #982317 approved November 30, 1998, the Board of County
Commissioners approved the program allowing continuation of health insurance
coverage, including the dental and vision plan,for eligible former County employees
and elected officials drawing benefits from the County Retirement Plan.
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2. Said Resolution #982317 also granted standing authority to the Chair to sign the
individual agreements entitled "Agreement for Continuation of Health Insurance for
Former Weld County Employee or Elected Official Who is Now Drawing Benefits
from the Weld County Retirement Plan." By Resolution #2002-3198, dated
December 16, 2002, by Resolution#2005-2598, dated September 7, 2005, and by
Resolution #2010-1572, dated July 19, 2010, the form of the agreement was
updated.
CC. Delegation of authority concerning Form of Agreement for Municipal Jail Services. The
Board of County Commissioners, on June 24, 2009, by Resolution #2009-1470, approved
the standard form of Agreement for Municipal Jail Services and granted standing authority to
the Chair of the Board to sign said agreements, after review by the County Attorney to verify
that it was completed in accordance with the form approved by the Board.
DD. Delegation of authority concerning Form of Addendums to Agreement to Purchase Out-of-
Home Placement Services. The Board of County Commissioners, on June 28, 2010, by
Resolution #2010-1375, approved the standard form for Addendums to Agreement to
Purchase Out-of-Home Placement Services and granted standing authority to the Chair of
the Board to sign said addendums, after review by the County Attorney to verify that it was
completed in accordance with the form approved by the Board.
ARTICLE II
General Policies
Amend Sec. Sec. 2-2-70. Mineral leasing policy.
A. The County owns mineral rights for approximately forty thousand(40,000)acres. On
November 19, 1986, the Board of County Commissioners adopted the following
mineral leasing policy by resolution:
1 thru 2 - No change
3. A bid of at least four hundred dollars ($400.00) per acre shall be the
minimum amount required.
4 thru 6 - No change
7. Royalty interest in the production to be paid to the County shall be twenty
percent(20%)when bidding is waived on small parcels under five (5) acres,
with a minimum of a four-hundred-dollar royalty bonus per acre.
Remainder of Section - No change
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ARTICLE III
Planning and Zoning Matters
Repeal Sec. 2-3-30 in its entirety and Re-enact with the following:
A. General requirements for collateral:
1. This policy shall be applied to all applications for Subdivisions, Planned Unit
Developments, Change of Zones, Final Plats, Uses by Special Review(USR), and
Site Plan Reviews (SPR). If this policy has not been applied to an application, the
policy shall not be applied to a request for complete releases of collateral, and the
procedures for release of collateral shall be as set forth in the Improvements
Agreement.
2. County requires applicants to provide collateral to guaranty all of their obligations
under the associated Improvements Agreement in the following forms: (1) Project
Collateral for completion of all improvement described in the Improvements
Agreement shall be provided separately for on-site improvements and off-site
improvements; (2) Warranty Collateral required for all improvements during the
warranty phase; and (3) Road Maintenance Collateral (if applicable) to be kept in
place for the life of the permit.
3. The value of Project Collateral submitted to the County must be equivalent to one
hundred percent(100%)of the value of the improvements identified on the accepted
Construction Plans and USR Plat Map or SPR Site Plan Drawing, and further
enumerated in the Improvements Agreement. Prior to Final Plat approval, the
applicant shall indicate which of the three (3)types of collateral he or she prefers to
secure the improvements subject to final approval by the Board of County
Commissioners (hereinafter referred to as the Board) and the execution of an
Improvements Agreement. Acceptable collateral shall be submitted either upon
execution of the Improvements Agreement or as set forth in the Improvements
Agreement. If acceptable collateral is not submitted at the time required, expires
p prematurely, or becomes unacceptable pursuant to the terms of paragraph 4 below,
INSo,s and is not timely replaced, then the Final Plat approval and all preliminary approvals
�'3.•s shall automatically expire. An applicant may request that the Board extend the Final
0 Plat approval, provided that the cost estimates are updated and the development
o 0 plans are revised to comply with all current County standards, policies and
S d regulations. Unless otherwise set forth in the Improvements Agreement, the
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improvements shall be completed within one (1) year after the Final Plat approval
(not one [1] year after acceptable collateral is submitted), unless the applicant
w requests that the Improvements Agreement be renewed at least thirty(30)days prior
;Ea`' to its expiration and further provides updated cost estimates for the remaining
s▪ oo improvements and collateral is provided in the amount of one hundred percent
pro (100%) of the value of the improvements remaining to be completed. If
N o improvements are not completed and the agreement not renewed within these time
o frames, the Board, at its discretion, may make demand on all or a portion of the
o cc collateral and take steps to see that the improvements are made.
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0 4. Warranty Collateral for all on-site and off-site improvements shall be submitted to,
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l and held by, the County for one (1) or two (2) years, as set forth in the
Improvements Agreement following County's written acceptance of the
improvements.
PAGE 6 2010-2991
ORD2010-10
a. All references to "Acceptance of Improvements" shall refer to the County
confirming completion of the improvements according to the accepted
Construction Plans. By accepting any improvement, the County does not
thereby accept it for purposes of future maintenance, nor does the County
accept any present or future responsibilities or obligations relative to the
improvements.
5. In the event applicant fails to adequately complete and/or repair improvements
associated with the Improvements Agreement,the County shall have the authority to
access, at its sole discretion, Project or Warranty Collateral to the extent necessary
to complete the improvements or repairs in order to preserve public interest.
6. Road Maintenance Collateral shall be submitted to County upon the release of the
Warranty Collateral by the Board of County Commissioners. Road Maintenance
Collateral is held for use on roads associated with the designated haul route. The
amount of the collateral required for road maintenance shall be established by the
Weld County Department of Public Works based upon its determination of the
anticipated maintenance expenses, and its determination of the amount shall be
final. Road maintenance collateral shall be held by County as long as the
Agreement is in effect and returned to the applicant upon vacation of associated land
use agreement or permit. The Road Maintenance Collateral will only be accessed by
the County, if upon notification to the applicant of required roadway repairs, applicant
fails to perform said repairs. If any of the Road Maintenance Collateral shall be
collected by County, applicant shall replace the amount, plus interest, within six (6)
months.
7. Road Maintenance Collateral shall be adjusted annually, in the month of January,for
inflation. The first adjustment shall be made no less than twelve (12) months after,
? and in no event later than twenty-four (24) months from, the execution of the
Improvements Agreement. The adjustment shall be equal to the inflation rate based
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cc on the "Colorado Construction Cost Index Report," as published by the Colorado
s Department of Transportation.
o 0 8. The applicant may choose to provide for a phased development by means of
d designating filings of a Planned Unit Development Plan or Final Plat Subdivision.
d The applicant would need only to provide collateral for the improvements in each
—3 a) filing as approved. The County will place restrictions on those portions of the
property that are not covered by collateral which will prohibit the conveyance of the
co am`''`" property or the issuance of building permits until collateral is provided, or until
aam o improvements are in place and approved pursuant to the requirements for a request
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for release of collateral at Subsection C., below.
0 9. The Board of County Commissioners of Weld County reserves the right to reject
o collateral which is deemed inappropriate or insufficient, which may be either as
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collateral in the form of a letter of credit offered by a banking institution which does
�o1- not have at least a"three star" rating given by Bauer Financial, or as collateral in the
a^o form of a performance bond offered by an insurance company which does not have
—M� at least a B+ rating given by A.M. Best. The Board further reserves the right to
require the applicant to obtain replacement collateral if the rating of the financial
institution providing the collateral drops below the levels stated above. Replacement
collateral shall be submitted by the applicant within sixty (60) days of the Board's
notice to the applicant that the rating has fallen and that the collateral must be
PAGE 7 2010-2991
ORD2010-10
replaced. The applicant may not terminate existing collateral until replacement of
collateral has been secured.
B. The three (3) types of collateral listed below are acceptable to the County:
1. An irrevocable letter of credit from a federal or state licensed financial institution
consistent with a sample form supplied by the County. The letter of credit shall state
at least the following:
a. The letter of credit shall be in an amount equivalent of one hundred percent
(100%) of the total value of the improvements as set forth in Subsection A.2
above.
b. The letter of credit shall provide for payment upon demand to the County if
the applicant has not performed the obligations specified in the
Improvements Agreement and the issuer has been notified of such default.
c. The issuer of the letter of credit shall guarantee that at all times the
unreleased portion of the letter of credit shall be equal to a minimum of one
hundred percent (100%) of the estimated costs of completing the
uncompleted portions of the required improvements, based on inspections of
the development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement
(i.e., streets, sewers, water mains and landscaping, etc.). In the event the
applicant is required to warranty the improvements,the letter of credit may be
partially released pursuant to the requirements for a request for release of
- 8 collateral at Subsection C., below.
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a Y d. The letter of credit shall specify that the date of proposed expiration of the
- e letter of credit shall be the date of release by the County of the final fifteen
=" percent (15%), as set forth in Subparagraph c., above. The letter shall
-8 stipulate that the letter of credit will automatically renew and shall remain in
full force and effect until after the Board has received sixty(60) days'written
notice from the issuer of the letter of credit of the pending expiration. The
notice shall be sent by certified mail to the Clerk to the Board.
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m.•o 0 2. A surety bond given by a corporate surety authorized to do business in the State of
Colorado, in an amount equivalent to one hundred percent (100%) of the value of
o the improvements, as specified in the Improvements Agreement.
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a. The applicant shall utilize only a County-approved form when obtaining a
O°c surety bond: (PERFORMANCE BOND FOR BOARD OF COUNTY
-o 1- COMMISSIONERS OF WELD COUNTY, COLORADO). A copy of the form
�O shall be provided to applicant upon request.
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b. In the event the applicant is required to warranty the improvements, the
applicant shall replace the original bond in the amount of fifteen percent
(15%) of the original bond and shall remain available to the County until
released by the County at the end of the warranty period.
3. A cash deposit made with the Board equivalent to one hundred percent (100%) of
the value of the improvements set forth in the Improvements Agreement. In the event
the applicant is required to warranty the improvements, the applicant shall replace
PAGE 8 2010-2991
ORD2010-10
the original deposit with a deposit in the amount of fifteen percent (15%) of the
original amount and those funds shall remain available to the County until released
by the County at the end of the warranty period.
C. Requests for release of collateral:
1. Prior to release of collateral for the entire project or for a portion of the project by the
County,the developer must present a Statement of Substantial Compliance from an
engineer registered in Colorado. Engineering Statements of Substantial Compliance
are only required following notification by the County. The Statement of Substantial
Compliance shall state that the project, or a portion of the project, has been
completed in substantial compliance with approved plans and specifications
documenting the following:
a. The engineer or his representative has made regular on-site inspections
during the course of construction and the construction plans utilized are the
same as those accepted by the County.
b. For the improvements to public rights-of-way or easements,test results must
be submitted for all phases of this project, as per Colorado Department of
Transportation (COOT) Schedule for minimum materials sampling, testing,
and inspections found in COOT Materials Manual.
c. "As-built'plans shall be submitted at the time the letter requesting release of
Ian o collateral is submitted. The engineer shall certify that the project"as-built"is
in substantial compliance with the plans and specifications as approved, or
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a_2_,o that any material deviations have received prior written acceptance from the
Mal "M"'° County Engineer.
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� g d. The Statements of Substantial Compliance must be accompanied, if
applicable, by a letter of acceptance of maintenance and responsibility by the
3 appropriate utility company, special district, or town for any utilities.
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p gin e. A letter must be submitted from the appropriate Fire Authority, if applicable,
moo indicating the fire hydrants are in place in accordance with the approved
plans. The letter shall indicate if the fire hydrants are operational and state
�o o the results of fire flow tests.
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0 2. The requirements in Sub-paragraphs 1.a through 1.e., above, shall be noted on the
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o ac final accepted construction plans.
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�c� 3. Following the submittal of the Statement of Substantial Compliance and
� recommendation of acceptance of the improvements by the Weld County
Department of Planning Services and the Weld County Department of Public Works,
the applicant may request release of the collateral for the project, or portion of the
project, by the Board. This action will be taken at a regularly scheduled public
meeting of the Board.
4. For all on-site and/or off-site improvements (including improvements to public rights-
of-way or easements), the written request for release of collateral shall be
accompanied by Warranty Collateral in the amount of fifteen percent (15%) of the
value of the improvements as shown in the Improvements Agreement excluding
PAGE 9 2010-2991
ORD2010-10
improvements fully accepted for maintenance by the responsible governmental
entity, special district, or utility company.
5. Following the written request for release of the Warranty Collateral,the Weld County
Department of Planning Services and the Weld County Department of Public Works
shall inspect the on-site improvements. If the improvements need mitigation, or
further repairs are required, said work must be completed prior to the conclusion of
the Warranty period. The Warranty Collateral shall be released to the Property
Owner following the expiration of the warranty period, upon final written acceptance
by the Board of County Commissioners.
6. Road Maintenance Collateral for roads associated with the designated haul route
shall be maintained as long as the associated land use permit is active, and shall be
adjusted annually according to the procedure set forth in Sub-paragraph A.7., above.
ARTICLE XII
Miscellaneous Policies
Add Sec. 2-12-150. Use of household appliances in the workplace.
A. Employees working in County buildings equipped with stoves, ovens, and/or microwave
ovens located in designated kitchen areas may use those appliances to heat and prepare
food during shifts extending into normal meal times. No food preparation involving the
rim o heating of oils or greases shall be allowed. Employees using kitchen area appliances shall
not leave them unattended. County Health and Wellness representatives for each
— ,s department shall be responsible for assuring that fire extinguishers are properly located
within the kitchen areas and that employees using the appliances are properly trained in
- .� their use. No toaster ovens, hot plates, or electric grills shall be used in any County
— o g buildings. Toasters, coffee and/or tea makers, popcorn makers, and crock pots may be
Ws"—- (.3r used for food and drink heating and preparation only in areas approved for such use. All
d2 such appliances must be: 1) certified and listed by a nationally recognized independent
Emstesting laboratory, such as Underwriters Laboratories(UL), 2) equipped with automatic turn-
- v� off capability, and 3) maintained in a clean and safe condition.
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o B. Space heaters may be used by employees only in accordance with the following conditions:
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N o 1. The employee must inspect the heater prior to each use and its specifications, and
Ira=_-_- _2 its location must be documented with the department's Health and Wellness
oc representative so random/annual inspections may be performed.
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o 2. The heater must be: a) certified and listed by a nationally recognized independent
testing laboratory, such as Underwriters Laboratories (UL), b) equipped with
automatic turn-off capability, c) maintained in a clean and safe condition, d) cool to
touch when in operation, e) have an enclosed or closely guarded heating element
and a built-in automatic shut-off tip-over protection, f) equipped with a high
temperature-limiting device, g) not exceed 500 watts maximum output, and h) have
an on/off switch.
C. Employees using any of the appliances listed above in the workplace are responsible for
their safe use and may be liable for the total cost of any damages to County buildings,
equipment, or personal property resulting from mishaps caused by use of household
appliances in the workplace.
PAGE 10 2010-2991
ORD2010-10
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the
amendments contained herein, to coincide with chapters, articles, divisions, sections, and
sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding
capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and
sub-sections in said Code.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 2010-10 was, on motion duly made and
seconded, adopted by the following vote on the 20th day of December, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
WELD COUNT , COLORADO
ATTEST: �`+ ac I a Rade ach r hair Weld County Clerk to the B•
1 r rbara Kirkmeyer,iro-Tem
BY.
Dept Clerk to the BoardSean P. Conway
APPRO FORM: EXCUSED
Wi • m F. Garcia
o ty ttorney 4 J(
David E. Long
First Reading: November 1, 2010
Publication: November 17, 2010, in the Fort Lupton Press
Second Reading: November 29, 2010
Publication: December 8, 2010, in the Fort Lupton Press
Final Reading: December 20, 2010
Publication: December 29, 2010, in the Fort Lupton Press
Effective: January 3, 2011
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