HomeMy WebLinkAbout830182 RESOLUTION
RE: APPROVAL OF MODEL FIRE CODE TO SERVE AS GUIDELINE
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) , 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, a Model Fire Code has been presented to the Board
of County Commissioners for its approval, and
WHEREAS , said Model Fire Code shall serve as a guideline
in the consideration of an individual fire district' s request
to authorize the enforcement of fire codes and standards with-
in unincorporated portions of Weld County in order to regulate
conditions hazardous to life and property from fire or explo-
sion, and to provide for the issuance of permits for hazard-
ous uses or operation, pursuant to Section 32-1-1002 (1) (d) ,
CRS 1973 , and
WHEREAS, the Board, after study and review, deems it in
the best interests of the citizens of Weld County to approve
the Model Fire Code to serve as a guideline, a copy of said
Model Fire Code being 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 Model Fire Code
be, and hereby is, approved to serve as a guideline.
S.O,) 0 L 830182
Page 2
RE: MODEL FIRE CODE
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: WELD COUNTY, COLORADO
Weld County Clerk and Recorder �/' (/J•
and Clerk to the Board Chuc Carlson, a :amYS
p� d.�I.FY EXCUSED DATE OF SIGNING - AYE
Deputy County Clerk John T. Martin, Pro-Tem
APPROVED AS TO FORM:
7 Gene R. Brantner
Carinty Attorney Norman Carlson
acqu ine J: son
DAY FILE: September 14 , 1983
Model Fire Code
2nd Draft
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 PROVIDING FOR THE ISSUANCE OF PERMITS FOR
HAZARDOUS USES OR OPERATION.
SECTION I: Adoption of Uniform Fire Code and Uniform Fire Code Standards:
There is hereby adopted by the Fire Protection
District, for the purpose of prescribing regulations governing conditions
hazardous to life and property from fire or explosion, that 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 thereof, save and except such portions are hereinafter
deleted, modified, or amended by this Resolution of which said Code and
standards are now filed in the offices of the Fire
Protection District, and the same are hereby adopted and incorporated as fully
as if set forth herein. 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 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 effect within the
territorial limits of the Fire Protection District.
SECTION II: Establishment and duties of fire prevention inspectors: (The
model code will not address organizational structure within the
fire departments) .
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 Fire
Protection District.
Where the term "Chief of the Bureau of Fire Prevention" is used, it shall
be held to mean the chief of the fire department.
Where the term "Bureau of Fire Prevention" is used, it shall be held to
mean either the entire department or those employees designated by the chief
to carry out enforcement duties relating to the prevention of fires and the
suppression of arson.
Whenever the term "Uniform Building Code" is used, it shall be held to
mean the Uniform Building Code as amended and incorporated into the Weld
County Building Code.
SECTION IV: ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF
FLAMMABLE OR COMBUSTIBLE LIQUIDS AND OUTSIDE ABOVE-GROUND TANKS
IS PROHIBITED.
The storage of flammable or combustible liquids and outside above-ground
tanks is prohibited within the following limits: (Where a fire district
proposes to prohibit above-ground storage of flammable or combustible liquids
within unincorporated areas of Weld County, the Board of County Commissioners
will consider each such request individually.) This provision shall not be
interpreted so as to conflict with the provisions of CRS 1973 Title 8,
Article 20 or Title 34.
SECTION V: ESTABLISHMENT OF LIMITS IN WHICH STORAGE OF LIQUIFIED 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, (or municipalities) . This section shall not be
interpreted so as to be in conflict with the provisions of CRS 1973, Title 8,
Article 20 and Title 34.
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: (municipalities?) and any area within the unincorporated parts of Weld
County within the fire protection district which are not zoned industrial
districts as defined by the Weld County Zoning Ordinance.
SECTION VII: Amendments made in the Uniform Fire Code:
The Uniform Fire Code is amended and changed in the following respects:
1. That Article 78, pertaining to a ban on fireworks, be deleted in its
entirety and that CRS 1973, §12-28-101, et seq. , as amended,
pertaining to fireworks, shall be the governing law as to fireworks
within the district. Further, the definition of "fireworks"
contained in §9. 108 and reference to Fireworks in §4. 101-13, 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 CRS 1973,
§32-1-1002(c) , shall be according to the procedures set forth
therein."
3. That Section 2. 105 of the Uniform Fire Code shall be amended to
read, "The authority of the chief of the fire department or
designated members of the department to act as police officers shall
only extend as far as the authority set forth in CRS 1973,
§32-1-1002 or other applicable state statute."
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4. Section 4. 101.4 and 4. 101.6 shall both be amended by addition of a
sentence reading as follows: "No such permit shall be required where
burning is regulated pursuant to regulations promulgated under CRS
1973, §25-7-123 and regulated by the Weld County Health Department
or municipal authorities."
5. Section 3. 105 shall be added to read as follows: "This Article
shall be interpreted to be consistent with the provisions of CRS
1973, §32-1-1002(c) ."
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 controlling any building or structure
for any damages to 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 interpreted, the applicant may appeal from the decision of the
chief to the Board of Appeals, Fire Protection District,
(address) within thirty days from the date of decision appealed.
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 CRS 1973,
§32-1-1002(c) , shall be according to the procedures set forth therein.
SECTION IX: Penalties:
1. 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 CRS 1973, §32-1-1002(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 occurs shall
constitute a separate violation of CRS 1973, §32-1-1002(3) .
2. the application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
SECTION X: 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 or
of the Code or standards hereby adopted are hereby repealed.
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SECTION XI: Validity:
The 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 Fire
Protection District Board of Directors that it would have passed all other
portions of this ordinance independent elimination herefrom of any such
portion as may be declared invalid. It is further the declaration of the
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, §32-1-1O02(1) (d).
(APPROVALS)
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