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Home My WebLink About830181 RESOLUTION RE : APPROVAL OF RESOLUTION ADOPTING UNIFORM FIRE CODE FOR WESTERN HILLS FIRE PROTECTION DISTRICT AND AUTHORIZATION FOR CHAIRMAN TO SIGN WHEREAS, the Board of County Commissioners of Weld Count' , 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) , CRS 1973 , 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 County Commissioners, and WHEREAS, Western Hills Fire Protection District has pre- sented a resolution concerning its request to authorize enforce- ment of the fire codes and standards within unincorporated por- tions of Weld County in order to regulate conditions hazardous to life and property from fire or explosion, and provide for the issuance of permits for hazardous uses or operation, pur- suant to Section 32-1-1002 (1) (d) , CRS 1973 , and WHEREAS, this fire code proposal from Western Hills Fire Protection District is consistent with the guidelines set forth in the Model Fire Code adopted on September 12 , 1983 , by t1is Board, and WHEREAS, after study and review, the Board deems it it the best interests of the citizens of Weld County to approve the above mentioned resolution, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the resolution as here- inabove mentioned, for Western Hills Fire Protection District be, and hereby is , approved. BE IT FURTHER RESOLVED by the Board that the Chairman be , and hereby is , authorized to sign said resolution. ; 50181 Page 2 RE: WESTERN HILLS FIRE PROTECTION DISTRICT The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 12th day of September, A.D. , 1983 . BOARD OF COUNTY COMMISSIONERS ATTEST: ?,lftyJ WELD COUNTY, COLORADO (7),41 .4?./1 Weld County Clerk and Recorder and Clerk to the Board Chuck Carlson,T a airman'"- By: AA r)ii 'II 1__?__ EXCUSED DATE OF SIGNING - AYE -Deputy County ClerkJohn T. Martin, Pro-Tem APPROVED AS TO FORM: Gene R. Bran er County Attorney Norman Carlson J:cq =, ine 'o nson DAY FILE: September 14 , 1983 WESTERN HILLS FIRE PROTECTION DISTRICT A RESOLUTION ADOPTING THE UNIFORM FIRE CODE , AND THE UNIFORM FIRE CODE STANDARDS PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION , AND PROVID NG FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATION . SECTION I : Adoption of the Uniform Fire Code and Uniform Fire Cole_ Standards : There is hereby adopted by the Western Hills Fire Protection District, for the purpose of prescribing regulations govening con - ditions hazardous to life and property from fire or explosion , t �<<t certain codes and standards known as the Uniform Fire Code , including Appendix Chapters I-A, I-B , II-A, II-B, II-C , II-D, III-A, III-B , III-C , IV-A, V-A, VI-A, VI-C, VI-D, and the Uniform Fire Code Standards, being particularly the 1982 editions thereof and the whole there() , save and except such portions are hereinafter deleted, modified, or amended by this Resolution of which said Code and Standards are noow filed in the offices of the Western Hills Fire Protection Distric and the same are hereby adopted and incorporated as fully as if c t forth herein. The date on which this Resolution shall take effec' within the incorporated municipalities within the Western Hilts F re Protection District shall be the date of approval by the cjovernin , body of said municipality and the date on which it shall take effect within the unincorporated portions of Weld County shall be on the date of approval by the Board of County Commissioners in and for the County of Weld, State of Colorado. This Code shall be in effect within he territorial limits of the Western Hills Fire Protection District . SECTION II : Establishment and duties of Fire Prevention Insoecte -s : The Uniform Fire Code and related Standards shall be enforce by the Fire Prevention Inspectors in the fire department of the Western Hills Fire Protection District which is hereby established and w;:: shall be operated under the supervision of the Chief of the ':a ste -n Hills Fire Department. The Chief of the Western Hills Fire Department may detail se •h members of the Fire Department as inspectors as shall from time to time be necessary . The Chief of the Fire Department shall recomm•ond to the Western Hills Fire Protection District Board of Directors he employment of any additional technical inspectors , who, when suc authorization is made , shall be selected through an examination t > determine their fitness for the position . The examination shall )e open to members and nonmembers of the Fire Department, and appoin .- ments made after examination shall be for an indefinite term with removal only for cause. SECTION III : Definitions : Wherever the word "jurisdiction" is used in the Uniform Fire Code, it is meant to be inclusive of the current boundaries of the Western Hills Fire Protection District. Where the term "Chief of the Bureau of Fire Prevention" is u ;ed , it shall be held to mean the Chief of the Western Hills Fire Depart- ment. Where the term "Bureau of Fire Prevention" is used, it snail be held to mean those members and employees designated by the Chief )f the Fire Department to carry out enforcement duties related to tr. ? prevention of fires and the suppression of arson . Whenever the term "Uniform Building Code" is used , it shall De held to mean the Uniform Building Code as amended and incorporate ) into the Weld County Building Code, except for the incorporated areas of the Town of Garden City and the Town of Rosedale , which shall Ise the Uniform Building Code as amended enforced by the agency cont3acted to perform inspections within their respective corporate ' un ts . Page 2 SECTION IV: Establishment of limits of districts in which storage of Flammable or Combustible Liquids in outside above ground tanks is prohibited: The storage of Flammable or Combustible Liquids in outside above-ground tanks is prohibited within the following limits : 1 . Within the corporate boundries of the Town of Garden city 2. Within the corporate boundries of the Town of Rosedale 3 . All public and privately owned property contained within the boundries of the Greeley-Weld County Airport. This provision shall not be interpreted so as to conflict with the provisions of Colorado Revised Statutes 1973 Title 8 , Article 20 or Title 34 , as amended. SECTION V: Establishment of limits in which storage of Liguified Petroleum Gases is to be restricted: The limits referred to in Section 82 . 105 (a) of the Uniform Fire Code, in which the storage of Liquified Petroleum Gas is restricted, are hereby established as follows: as addressed by any ordinance or zoning regulation adopted by Weld County, the Town of Garden City, or the Town of Rosedale . This section shall not be interpreted so as to be in conflict with the provisions of Colorado Revised Statutes 1973 , Title 8 , Article 20 or Title 34 , as amended. SECTION VI : Establishment of limits of districts in which storage of Explosives and Blasting Agents is to be prohibited : The limits referred to in Section 77-106 (b) of the Uniform Fire Code, in which storage of Explosives and Blasting Agents is prohibited in the following areas : 1 . Within the corporate boundries of the Town of Garden City 2. Within the corporate boundries of the Town of Rosedale 3 . Any area within the unincorporated parts of Weld County within the Fire District which are not zoned Industrial Districts as defined by the Weld County Zoning Ordinance. SECTION VII : Amendments made in the Uniform Fire Code : 1. That Article 78 , pertaining to a ban on fireworks, be deleted in its entirety and that Colorado Revised Statutes 1973 , §§12-28-101 , et seq. , as amended, pertaining to fire- works , shall be the governing law as to fireworks within the Fire District. Further , the definition of "firewoks" contained in Section 9 . 108 and reference to Fireworks in Section 4 . 101 (16) , be deleted. 2. That Article 2 , Section 2 .302 entitled Board of Appeals shall be amended by the addition of a statement providing that "Appeals from an order of the Chief or any designated member of a fire department requiring the removal or remedy of conditions dangerous to the safety of persons or property, as more fully set forth in Colorado Revised Statutes 1973 , §32-1-1002 (3) , shall be according to the procedures set fcrth therein. " 3. That Section 2 .105 of the Uniform Fire Code shall be amerded to read , "The authority of the Chief of the Fire Departmert or designated members of the Fire Department to act as police officers shall only extend as far as the authority set forth in Colorado Revised Statutes 1973 , §32-1-1002 , as amended or other applicable state statute. " 4 . Section 4 . 101 (4) and 4 . 101 (6) shall both be amended by thf addition of a sentence reading as follows : "No such permit shall be required where burning is regulated pursuant to regulations promulgated under Colorado Revised Statutes 1973 , §25-7-123 and regulated by the Weld County Health Department. " 5 . Section 3 . 105 shall be added to read as follows : "This Article shall be interpreted to be consistent with the provisions of Colorado Revised Statutes 1973 , §32-1-1002 ( 6) . " Page 3 6 . Section 2.108 shall be amended to read as follows : "This Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or control- ling any building or structure for any damages tc persons or property caused by defects or conditions , nor shall the Fire District be held as assuming any such liability by reason of this inspection authorized by this Code or any certificates of inspection issued under this Code . " SECTION VIII : Appeals : Whenever the Chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intended meaning of the Code have been misconstrued or wrongly inter- preted, the applicant may appeal from the decision of the Chief to the Board of Appeals , Western Hills Fire Protection Distric :, 1804 Cherry Avenue Greeley, Colorado 80631 , within thirty days from the date of decision appealed . Appeals from an order of the Chief or any designated member of the Fire Department re- quiring the removal or remedy of conditions dangerous to the safety of persons or property, as more fully set forth in Colorado Revised Statutes 1973 , §32-1-1002 (3) (c) , shall be according to the procedures set forth therein. SECTION IX: Penalties: 1. Any owner, lessee, agent, or occupant of any bui: ding 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 Colorado Revised Statutes 1973 , §S32-1-1002 (3) 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 cccur shall co _itutn a separate violation of `s32_ ' ) . 2. The application of the above penalty shall nct be helc to prevent the enforced removal of prohibited cor.d _ticns . SECTION X : Repeal of conflicting ordinances or resolutions : All former ordinances or resolutions enacted by the @'ice District or parts thereof conflicting or inconsistent with the provisions of this resolution or of the Code or Standards hereby adopted are hereby repealed. SECTION XI : Validity : The Western Hills Fire Protection District Board of Directors hereby declares that should any section, paragraph, sentence , or word of this resolution or of the Code or Standards hereby adopted be declared for any reason to be invalid,, it is the intent of the Western Hills Fire Protection District Board of Directors that it would have passed all other portions of thi: resolution independent elimination herefrom of any sucn portion as may be declared invalid. It is further the declaration of the Western Hills 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. SECTION XII : Date of effect: This resolution shall take effect and be enforced within incorporated municipalities and unincorporated portions of Weld County from and after its approval as set forth in CRS 1973 , §32-1-1002 ( 1) (d) . Page 4 Approvals : WESTERN HILLS FIRE PROTECTION DISTRICT: Adopted the //TN day of 2-/j-'gii 1983 . _ �_1vGX % . C_, Carl A. Luther, hairman Western Hills Fire Protection District Board of Directors .er- i.C.11/ 400/001 • 12124072, Trian D. Joh , Fire Chief Western Hil s ire Department TOWN OF GARDEN CITY : Adopted the 7ru day of Tc,cit/E , 1983 . C ,t >1c Vincent A Loftus, Ma 7 br TOWN OF ROSEDALE : Adopted the Sr,v day of T,,,JA _, 1983 . PEPEA<EL ni'rdRcR /7 /i 5'3 - A CC ri/ac,ic� oed�f✓/W6'4J Paul Nielson, Mayor 'Pro-t�m WELD COUNTY: Adopted the .4;',I-,./ day of S 7'FMoCJ; , 1983 . Chuck Carlson, Chairman Weld County Board of County Commissioners oLjimm n or Western Hills Fire Protection District June 10, 1983 1809 CHERRY AVENUE GREELEY,COLORADO 80631 - '3031 356 1424 Chairman of the Board Weld County Commissioners 915 10th Street Greeley, CO 80631 Dear Mr, Martin, I would like to request that I be placed on your agenda as soon as possible in order that you may consider a resolution adopting the 1982 Uniform Fire Code. The Colorado revised statutes (32-7-10C2) require that I obtain your approval to enforce the code for the areas in the unincorporated parts of the county that are within th1. Western Hills Fire Protection District. Please find the attached resolution which my Board approved, and which also contains the signatures proving that both Garden City and Rosedale have adopted the code by their ordinances. Please contact me as to the date that I will need to appear before you, and don't hesitate to call me if you have any questions. Your time and attention to this matter will be greatly appreciated. Sincerely, ^{ - ') Nag VIM C 4S u....+atC ro Brian D. je son g `"11 �I Fire Chir'f V JUN 1 '3 1383 BDJ/dlc Enclosure cc/WHFD file 0 S...f.P.D. .• ..... �' . _ .... !_ ` • ►11 Western Hills Fire Protection District 1804 CHERRY AVENUE GREELEY,COLORADO 811631 - (3031 351 142 June 14. 1983 4 Chairman of the Board Weld County Commissioners 915 10th Street Greeley. CO 80631 Dear Mr. Martin, We would like to request that we be placed on your agenda as soot zi ; possible in order that you may consider a resolution adopting; the 1982 Uniform Fire Code. The Colorado revised statutes (32-1-•1002) require that we obtain your approval to enforce the code for the ar.uas in the unincorporated parts of the county that are within the Weste.-n Hills Fire Protection District. Please find the attached resolution which our Board approved, an( which also contains the signatures proving that both Garden City awl Rosedale have adopted the code by their ordinances. Please contact us as to the date that we will need to appear before you, and don't. hesitate to call us if you have any questions. Your time and attert;io11 to this matter ttiill be greatly appreciated. Sincerely, ( 4i i fi' ‘• (4.- . r . inc' m'ITY c MISSIDNEIS 71,7 Lrt 8r, Carl A. Luther ..,- hoard Chair .n ' . JUN 1 7 1983 ,�r�s - r�I rrTi C;� "� vQ�t GREELCY. C„LO, Brian D. son Fire Chie BD.i/dlc Enclosure cc/W1IFD file MAYOR lave/ak'i.�-�5F_ii,. HOME PHONE 35/a10(P/ TERM EXPIRES MAYOR PRO-TEM � /1/2,24,7A. /` (z ' HOME PHONE TERM EXPIRES - /-_, a_ TOWNCLERK 11)\11,1) ji(br. ,HOMEPHONE 351 }'./?r7/f�If> ,,I//Lf TOWN ADMINISTRATOR Vitt-, lie !. F��,l� Lf V/`► l �l� - r,2::47 POLICE CHIEF COUNCIL MEMBERS en- (f /14 Wei--/ek-�^ TERM EXPI RI:S_4/ _I- _ )1 I�- _-I 0n J/11/k4, TERM EXPIRES - _ -- e(LLid 4? tilt,- TERM EXPIRES .�ti -- AIao Lk,. TERM EXPIRES k�'1 210-742S . `;zP✓i'LL!"l0141-- PERM EXPIRES v 'JJ TERM EXPIRES ; IERM EXPIRES TERM EXPIRES OTHER TOWN OFFICIALS 14,11 t lL ihri s u' V ch -- It z...c £4 d �'? - " t u_Pdi��' _44"1`} < 2;7 LL-, TOWN HALL ADDRESS //-�p lr�/ i1 :Ei2a .,, _ 6-7[63/ • - PHONE NUMBER 3.Sle- 7(i4 ] DAY & TIME OF COUNCIL MEETINGS / r /t �/ '5C--'-< 1 _._.. � G TOWN HALL HOURS �'(,'rj joeF/ el.� , / Ti 144 6/ 4t-'D Y-��O/ti PLEASE INCLUDE OTHER INFORMATION YOU THINK MAY BI: IEELPFUL , a 12(71 t(_ , �yc,l L.':t - ---.(7:;"•••“)-•:`:" Hello