HomeMy WebLinkAbout20082373.tiff RESOLUTION
RE: CONSENT TO THE ENFORCEMENT BY THE BERTHOUD FIRE PROTECTION
DISTRICT OF THE 2006 INTERNATIONAL FIRE CODE,WITH AMENDMENTS,WITHIN
THE DISTRICT'S UNINCORPORATED PORTIONS OF WELD COUNTY
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 be enforced in the unincorporated portions of a county only with the consent of the
Board of County Commissioners of such county, and
WHEREAS,the Berthoud Fire Protection District("the District")has presented a resolution
and minutes,dated August 19, 2008,adopting and promising to enforce the 2006 International Fire
Code, with certain amendments set forth in said resolution and minutes, within the District's
unincorporated portions of Weld County, and
WHEREAS, after review, the Board deems it advisable to consent to the enforcement by
the District of the 2006 International Fire Code, with certain amendments set forth in said
resolutions, within the District's unincorporated portions of Weld County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that it hereby consents to the enforcement by the Berthoud Fire Protection
District of the 2006 International Fire Code,with certain amendments set forth in its resolution and
minutes dated August 19, 2008.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 27th day of August, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
irt if WELD COUNTY, COLORADO
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ATTEST: ate,�� ,I/ ;/ , "1-1., � -
✓< R ' d 'Ham H. Jerke, Chair
Weld County Clerk to the �.V.' lj �`
BY: "Lao (�a61 oa°t ��obert D. asden, Pro-Tem
Depth ClerItio the Board C `l
Willis F. Gars
APP ( cw� ��
�_ ,_ David E. Long V
County Attorney �Pio ��
glas adema her
Date of signature: q kfiA
2008-2373
SD0021
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RESOLUTION 2008-6- 17 - 3
BERTHOUD FIRE PROTECTION DISTRICT
A RESOLUTION ADOPTING THE 2006 INTERNATIONAL FIRE CODE, AND
CERTAIN FIRE CODE STANDARDS PRESCRIBING REGULATIONS GOVERNING
CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR
EXPLOSION,AND PROVIDING FOR THE ISSUANCE OF PERMITS FOR
HAZARDOUS USES OR OPERATION.
WHEREAS, the Board of Directors of the Berthoud Fire Protection District deems it necessary
to adopt the following code 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 of realistic and reasonable level of
fire protection to be provided by a rural fire protection district which also includes areas of high
density municipal development, including industrial and commercial;
NOW, THEREFORE, BE IT RESOLVED THAT:
Adoption of 2006 International Fire Code and Fire Code Standards
There is hereby adopted by the Berthoud Fire Protection District for the purpose of prescribing
regulations governing conditions hazardous to life and property from fire, hazardous materials, or
explosion, that certain Codes and Standards known as the International Fire Code and
Referenced Standards Chapter 45, including the following appendices: Appendix B, C, D, E, F,
and G (but specifically excluding Appendix A), and further including the National Fire
Protection Association Standards listed in Chapter 45, Referenced Standards, published by the
International Code Council, being particularly the 2006 editions thereof and the whole thereof,
save and except such portions as are hereinafter deleted, modified, or amended by the Resolution
of which said Code and Standards are now filed in the offices of the Berthoud Fire Protection
District, and the same are hereby adopted and incorporated as fully as if set out at length herein.
The date on which this Resolution shall take effect within the unincorporated counties within
this District shall be the date of approval by the governing board of said counties and the date on
which it shall take effect within the unincorporated portions of Boulder, Weld and Larimer
counties shall be on the date of approval of the County Commissioners in and for the counties of
Boulder, Weld and Larimer, State of Colorado. This Code shall be in effect within the territorial
limits of the Berthoud Fire Protection District.
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2008-2373
ESTABLISHMENT AND DUTIES OF FIRE PREVENTION INSPECTORS
Organizational structure and duties of the fire prevention bureau or department, if any, shall be as
provided by the District's bylaws.
DEFINITIONS
Wherever the word "District" is used, it shall mean the Berthoud Fire Protection District.
Wherever the word "jurisdiction" is used in the adopted Code and Standards, it is meant to be inclusive
of the boundaries of the Berthoud Fire Protection District as they now or may hereafter exist.
Where the term "Chief' or"Chief of the Bureau of Fire Prevention" is used, it shall mean the Chief of
the Berthoud Fire Protection District, or designated member of the District.
Where the term "Bureau of Fire Prevention" is used, it shall be held to mean either the entire department
or those employees (paid or volunteers) designated by the Chief to carry out enforcement duties relating
to the prevention of fires and the suppression of arson.
Where the term "Board"is used, it shall be held to mean the Board of Directors of the Berthoud Fire
Protection District.
Wherever the term "International Building Code" is used, it shall be held to mean the International
Building Code as adopted, amended and incorporated into the Boulder, Weld, and Larimer County
Building Codes for unincorporated portions of such counties or the International Building Code as
adopted, amended and incorporated into the applicable municipality's Building Code within a
municipality's territorial limits.
ESTABILISHED LIMITS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASSES IS
TO BE RESTRICTED
The limits referred to in Section 3809 of the International Fire Code, in which the storage of liquefied
petroleum gas is restricted, are hereby established as follows: as addressed by any ordinance or zoning
regulation adopted by Boulder, Larimer and Weld Counties or municipalities, which are more restrictive
than Section 3809. This section shall not be interpreted so as to be in conflict with the provisions of§ 8-
20-101 et seq. and § 34-64-101 et seq., C.R.S.
AMENDMENTS MADE IN AND TO THE INTERNATIONAL FIRE CODE
SECTION 103
DEPARTMENT OF FIRE PREVENTION
Chapter 1, Section 103.4 shall be amended by the addition of the following sentence:
"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."
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SECTION 104
GENERAL AUTHORITY AND RESPONSIBILITIES
The following is added as a new section:
104.2.1 Inspection Fees and Charges.
(a) "Pursuant to § 32-1-1002 (1)(e)(II) C.R.S., the Board may fix and from time to
time may increase or decrease fees and charges, at its discretion, for inspections
and review of plans and specifications which are:
(1) Requested or mandated for existing structures, buildings, and improvements;
and
(2) Necessitated in conjunction with any county regulation, resolution or
condition of development; or
(3) Performed in conjunction with the construction of new structures, buildings,
and improvements.
(b) Said fees and charges may, at the discretion of the Board, include a charge for
reimbursement to the District of any consultation fees, expenses or costs incurred
by the District in the performance of the inspections or review of the plans and
specifications."
Section 104.12 shall be added as a new section to read as follows: 104.12 "This
Article shall be interpreted to be consistent with the provisions of§ 32-1-1002(3),
C.R.S."
Section 104.9 shall be amended with the insertion of the following:
(a) The Chief, or his/her designee may determine the suitability of alternative
materials, methods, and types of construction to facilitate the review process. In
the event of disagreement, the District's Board shall determine the suitability of
the alternate materials, methods, and type of construction and provide reasonable
interpretations of the provisions of this Code upon the request of any interested
party, including the Chief.
(b) The Board, upon recommendation of the Chief or upon its own motion, may enter
into written agreements for enforcement or compliance with the owner, lessee,
occupant or authorized agent thereof, of any property, building or structure, or any
interested person directly affected by the application of this code. Said
agreements may extend the time for compliance with this code, and may contain
such terms and conditions that the Board deems appropriate to adequately protect
the life, health, property, security and welfare of the general public."
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SECTION 105 PERMITS
Section 105.6 is repealed and reenacted to read: (see IFC page 5)
105.6 Required operational permits. The fire code official may issue an operational
permit for the following operations:
a) 105.6.14, Explosives
b) 105.6.30, Open Burning
Section 105.630 Open Burning. An operational permit is required for the kindling or
maintaining of an open fire or a fire on any public street, alley, road, or other public or
private ground. Instructions and stipulation of the permit established by the District,
county, municipality or state shall be adhered to.
Exception: Open burning for the purposes of agriculture; open burning for the
purposes of recreation and cooking contained within an approved enclosure or
structure intended for such purposes.
c) 105.6.31, Open Flame & Candles
d) 105.6.36, Pyrotechnic special effects material
e) 105.6.43 is amended by the addition of the following:
105.6.43 Temporary Membrane Structures, Tents and Canopies. An operational
permit may be issued with the construction permit by the building or fire official. The
Fire District shall be notified by the building department if permits are issued.
Section 105.7 Required construction permits. All construction permits will be issued by
the building official. The Districts Fire Prevention Bureau will be the approving
authority for the following:
a) 105.7.1 Automatic fire-extinguishing systems
b) 105.7.4 Fire alarm & detection systems
c) 105.7.5 Fire Pump and related equipment
d) 105.7.12 Standpipe system
SECTION 108
BOARD OF APPEALS
Section 108.1, 108.2, and 108.3 are repealed and reenacted to read: (see IFC page 10)
a) 108.1 The District Board shall serve as its own Board of Appeals. The Board may
form a subcommittee consisting of three members of the Board to hear all appeals
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brought before it of any and all orders issued by the Chief or his/her designee. The
Board, or such subcommittee acting on behalf of the Board, shall determine the
suitability of any suggested alternate materials and methods and type of construction
and provide reasonable interpretations of the provisions of this Code upon the request
of any interested party, including the Chief.
b) The Board, upon recommendation of the Chief or upon its own motion, may enter
into written agreements for enforcement or compliance with the owner, lessee,
occupant or authorized agent thereof, of any property, building or structure, or any
interested person directly affected by the application of this code. Said agreements
may extend the time for compliance with this code, and may contain such terms and
conditions that the Board deems appropriate to adequately protect the life, health,
property, security and welfare of the general public.
Article 33, as it relates to Fireworks and Pyrotechnics Special Effects Materials, is deleted in its
entirety and the applicable provisions of Colorado State statutes and regulations shall govern all
fireworks, their sale, storage, and use.
Appendix C (Fire Hydrant Locations and Distribution) is adopted solely as a reference and guide
and shall not be utilized to preclude development in the unincorporated areas of the District
which often lack sufficient water supplies and pressure to meet the stated flow and spacing
requirements.
SECTION 109 VIOLATIONS
ENFORCEMENT PROCEDURES AND APPEALS, SECTION 109.3.2
1. The Chief or his/her designee shall enforce this code and shall inspect or cause to be
inspected all buildings, structures, property, premises, and public places, except the
interior of any private dwelling, in accordance with the procedures set forth in § 32-1-
1002(3), C.R.S.. All inspections shall be recorded.
2. A"Notice of Violation or Hazard"may be issued by the Chief or his/her designee
concerning violations or hazards which are not corrected on-site during an inspection.
Said Notice shall be signed by the inspector and contain, as a minimum, the following
information:
a. Date of inspection;
b. Name/address of premises inspected;
c. Name of inspector;
d. Nature of violations, including specific reference to section/subsection of code;
e. Date of compliance/re-inspection
f. Suggested methods of correction, if applicable
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g. Right to appeal to Board
h. Consequences of failure to correct the violation
3. An "Order for Immediate Correction of Hazard"may be issued by the Chief:
a. For failure to correct a violation or hazard within the time specified in a
previously issued Notice of Violation or Hazard; or
b. 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 § 32-1-I002(3)(c), whether or not a Notice has been previously issued.
c. An Order shall be signed by the Chief or his/her designee and shall contain, as a
minimum, the following information:
1. Date of Issuance;
2. Name/Address of premises inspected;
3. Nature of violation or hazard;
4. Time limit for correction;
5. Right of appeal, if any, to the Board;
6. Right of appeal to the District Court and time limit;
7. Penalties for violation or order;
8. Signature of the Chief or his designee;
9. Acknowledgement of receipt signed by owner, lessee, agent or other
responsible person.
4. An appeal of Notice of Violation or Hazard may be made to the Board by delivery to the
Chief in writing a notice of appeal within five days of the issuance for the Notice of
Violation or Hazard. The appeal shall be heard at the next regular meeting or special
meeting called for that purpose. The Board may affirm, rescind, or modify the Notice and
may enter into such enforcement agreements as it is deemed proper.
5. An appeal of an Order of Immediate Correction of Hazard may be made to the Board only
if no previous appeal has been made of a previously issued Notice of Violation or Hazard
concerning the same violation or hazard. An appeal of an Order must be in writing and
filed with the Board within three days of issuance of the Order.
6. The Board shall hear all such appeals and application for relief and render its decision
thereon in accordance with its bylaws, rules and regulations.
7. In the event no appeal is made to the Board pursuant to this code and resolution or to the
court pursuant to § 32-1-1002(3), C.R.S., and compliance with the Order and/or
correction of the hazard has not occurred, the Board may, upon recommendation by the
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Chief or upon its own motion, refer the matter to the district attorney of the county in
which the violation occurs.
8. 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 Hazard which is issued
pursuant to Section VIII, paragraph 3(a)(i) 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 VIII, paragraph 3(a)(ii) 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 by the Board.
CHAPTER 3
GENERAL PRECAUTIONS AGAINST FIRE
Section 301.2 is repealed and reenacted to read: (see IFC page 27)
301.2 Permits. Permits shall be required as set forth in Section 105.6 for the activities or uses
regulated by Sections 302, 307, 308, 308.3 and 314.
PENALTIES
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§
32-1-1002(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 of not less than $50.00 or no more than $250.00. Each day in which such
violation occurs shall constitute a separate violation of§ 32-1-1002(3), C.R.S..
1. The application of the above penalty shall not be construed to prevent the
enforced removal or correction of prohibited conditions or other injunctive relief.
ADD AS A NEW SECTION: 901.1.2, ADDITIONAL LOCAL REQUIREMENTS
1. In residential applications all piping in attic space must have insulations installed above
the pipe prior to rough in inspection. Tenting of the piping, with plastic stapled to the
adjoining rafters to insure an air space below the piping is an acceptable alternative where
blown in insulation is planned. This requirement applies even though an antifreeze
system is planned.
2. In residential applications where there is an attached garage with no living space above, at
least one head should be installed in the garage protecting the doorway into the residence.
If there is living space above the garage, the entire garage must be protected.
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3. In residential applications where there are staircases, the area beneath the staircase must
be protected regardless of intended use.
4. In commercial applications where a heated attic space is otherwise unoccupied, a
temperature alarm to detect failure of the heating system shall be installed.
5. All sprinkler contractors must provide a copy of their State of Colorado, Division of Fire
Safety license to the District with their plan referral unless such license is already in the
files of the Berthoud Fire Protection District.
6. If submitted plans meet local requirements, installation can begin immediately. The
contractor is responsible for any changes required by these amendments.
VALIDITY 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.
VALIDITY AND CONFLICT
The Berthoud Fire Protection District Board of Directors hereby declare that should any section,
paragraph, sentence or word of this resolution of the code or standards hereby adopted be
declared for any reason to be invalid, it is the intent of the Berthoud Fire Protection District
Board of Directors that it would have passed all other portions of this resolution independent of
elimination here from of any such portion as may be declared invalid. It is further declaration of
the Berthoud Fire Protection District Board of Directors that no provision of this resolution or the
code or standards adopted herein be interpreted in conflict with existing State law. In the event
there is a conflict between State law and this code, State law shall take precedent.
DATE OF EFFECT
This resolution shall take effect and be enforced within the incorporated municipalities and
unincorporated portions of Boulder, Larimer and Weld County from and after its approval as set
forth in § 32-1-1002(1)(d), C.R.S..
Adopted this /9 day of (,� 2008.
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BERTHOUD FIRE PROTECTION DISTRICT
By O0-LA Ad c-4
ATTEST:
Setretary
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