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Home My WebLink About841084.tiff `O$GMO4t LONGMONT FIRE PROTECTION DISTRICT 9� �`•. .* _, 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 44 0-4 . June 7, 1984 Yf it COUNTY ciriSSIO'iFP,S Ms Carol Gardinier �7 Boulder County Commissioners 0 \`� � P.0.Box 471 Boulder, CO 80306 JUN 1 5 1984 Mr. Norm Carlson Weld County Commissioners P.0.Box 758 Greeley, CO 80632 Mr. Harvey Potts Mead Town Council P.O.Box 217 Mead, CO 80542 Fellow Professionals, At the regular meeting of the Board of Directors on May 21, 1984, a resolution was unanimously passed adopting the attached Fire Code and amendments. This Fire Code is being submitted to you for your review and ratification. It has been designed using the model codes of both Boulder and Weld Counties with a few minor changes to meet local requirements. If you desire additional information or clarification on any items, please contact Fire Marshal Bill Emerson or myself. Respectfully submitted, Davi. Bierwiler Fire Chief 841084 > / � LONGMONT FIRE PROTECTION DISTRICT A RESOLUTION ADOPTING THE UNIFORM FIRE CODE, UNIFORM FIRE CODE STANDARDS, FLAMMABLE AND COMBUSTIBLE LIQUIDS CODE, N.F.P.A. 30, NATIONAL FUEL GAS CODE, N.F.P.A. 54; NATIONAL ELECTRIC CODE, N.F. P.A. 70; AND THE LIFE SAFETY CODE, N.F. P.A. 101 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 Longmont Fire Protection District deems it necessary to adopt the following code for the purpose of establishing rules of conduct and standards for the pro- tection of life , health, property, security and welfare of the in- habitants 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 de- termined that enforcement of the proposed codes would not cause undue hardship or suppression of economic growth within the Dis- trict; and WHEREAS, the Board of Directors has studied the necessity for real- istic and reasonable level of fire protection to be provided by a rural fire protection district; NOW, THEREFORE, BE IT RESOLVED THAT: SECTION I: Adoption of Uniform Fire Code and Uniform Fire Code Standards, Flammable and Combustible Liquids Code, NFPA 30, National Fuel Gas Code, NFPA 54; National Electric Code, NFPA 70; and the Life Safety Code, NFPA 101. There is hereby adopted by the Longmont Fire Protection District for the purpose of prescribing regulations governing conditions hazard- ous 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 and the Flammable and Combust- ible Liquids Code NFPA 30, 1981 Edition; the National Fuel Gas Code, NFPA 54, 1980 edition; National Electric Code, NFPA 70, 1984 edi- tion, and the Life Safety Code, NFPA 101, 1981 edition thereof modi- fied, or amended by this Resolution of which said code and Standards are now filed in the offices of the Longmont Fire Protection Dis- trict, 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 munici- pality and the date on which it shall take effect within the unin- corporated portions of Boulder/Weld Counties shall be on the date of approval by the Boards of County Commissioners in and for the Coun- ties of Boulder/Weld , State of Colorado . This Code shall be in effect within the territorial limits of the Longmont Fire Protection District. SECTION II : 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. SECTION III: Definitions. Wherever the word "District" is used, it shall mean The Longmont Fire Protection District. Wherever the word "jurisdiction" is used in the adopted Codes and Standards, it is meant to be inclusive of the boundaries of the Longmont 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 be held to mean the Chief of the Longmont Fire District, or a 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 designated by the Chief to carry out enforcement duties relating to the pre- vention 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 Longmont Fire Protection District. Wherever the term "Uniform Building Code" is used, it shall be held to mean the Uniform Building Code as amended and incorporated into the Boulder/Weld County Building Code. SECTION IV: Storage of flammable or combustible liquids above ground. The storage of flammable or combustible liquids in outside above-ground tanks, containers or recepticles of any kind is prohibited within the following limits: 1. Within 50 feet of any inhabitable structure. 2. As addressed by any ordinance or regulation adopted by Boulder/Weld Counties or any municipality. This provision shall not be interpreted as to conflict with the provisions of Section 8-20-101 et seq. , and Section 34-64-101 et seq., CRS. 2 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 Boulder/Weld Counties, or municipali- ties. This section shall not be interpreted so as to be in conflict with the provisions of Section 8-2-101 et seq. and Section 34-64-101 et seq., CRS. 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 prohib- ited in the following areas: municipalities and any area within the unincorporated parts of Boulder/Weld Counties within the fire pro- tection district which are not zoned industrial districts as defined by the Boulder/Weld County Zoning Regulation or Ordinance or the zoning regulation or ordinance of any municipality. SECTION VII : Amendments made in the Uniform Fire Code. The Uniform Fire Code is amended and changed in the following re- spects: 1. That Article 78, pertaining to a ban on fireworks, be deleted in its entirety and that Section 12-28-101, et seq. , CRS as amended, pertaining to fireworks, shall be the governing law as to fireworks within the District. Further, the defini- tion of "fireworks" contained in Section 9.108 and reference to Fireworks in Section 4-101-13, be deleted. 2. That Article 2, Section 2. 302 shall be amended by the deletion of Section 2.302 in its entirety and by the insertion of the following: "2.302 (a) In addition to the authority of the Chief to modify provisions of this code as set forth in Section 2.301, any owner, lessee, occupant or the authorized agent thereof, of any property, building or structure, or any interested person directly affected by the application of this code may apply in writing to the Board of Directors of The Longmont Fire Protection District for a variance or waiver of one or more provisions of this code where there are practical difficulties in the application of this code. The application for waiver or variance may be sub- mitted to the Board in conjunction with, or independently of, an appeal of any notice or order issued pursuant to this code, statute or this resolution. 3 (b) The Board shall hear all such applications for a vari- ance or waiver and render its decision thereon in accor- dance with its bylaws, rules and regulations. (c) 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. 3. That Section 2. 105 of the Uniform Fire Code shall be amended to read, "The authority of the Chief of the fire dis- trict or designated members of the department to act as police officers shall only extend as far as the authority set forth in Section 32-1-1002, CRS, or other applicable state statutes." 4. Section 4. 101 shall be amended in line three, last sen- tence, as follows: "Permits may be required from the Bureau of Fire Prevention . " Section 4. 101.4 and 4.101.6 shall both be amended by the addition of a sentence reading as follows : "No such permit shall be required where burning is regulated pur- suant to regulations promulgated under Section 25-7-123, CRS, and regulated by the Boulder/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 provi- sions of Section 32-1-1002(3), CRS. 6. Section 2.108 shall be amended to read as follows : "This code shall not be construed to relieve from or lessen the re- sponsibility 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 inspec- tion authorized by this code or any certificates of inspection issued under this code." SECTION VIII: Enforcement Procedures and Appeals. 1. The Chief 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 Sec- tion 32-1-1002(3) , CRS. All inspections shall be recorded on an inspection report. 4 2. A "Notice of Violation or Hazard" may be issued by the Chief 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 informa- tion: a. date of inspection; b. name/address of premises inspected; c. name of inspector; d. nature of violations, including specific reference to section/subsections of code; e. date of compliance/reinspection; f. suggested methods of correction, if applicable; g. right to appeal to Board; h. consequences of failure to correct the violation. 3. a. An "Order for Immediate Correction of Hazard" may be issued by the Chief: i . for failure to correct a violation or hazard with- in the time specified in a previously issued Notice of Violation or Hazard; or ii . 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 sit- uated as to endanger other property as set forth in Section 32-1-1002(3)(c) , whether or not a Notice has been previously issued. b. An Order shall be signed by the Chief and shall con- tain, as a minimum, the following information: i . date of issuance; ii . name/address of premises inspected; iii . nature of violation or hazard; iv. time limit for correction; v. right of appeal , if any, to the Board; 5 vi . right of appeal to the District Court and time limit; v. penalties for violation of order; vi . signature of the Chief; vii . acknowledgement of receipt signed by owner, lessee, agent or other responsible person. 4. An appeal of a 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 of the Notice of Vio- lation or Hazard. The appeal shall be heard at the next regu- lar 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 deems proper. 5. An appeal of an Order for 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 con- cerning 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) , CRS, and compliance with the Order and/or correction of the hazard has not occurred, the Board may, upon recommenda- tion by the 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 until the appeal is resolved for appeals of a Notice of Violation or Hazard and of an Order for Immediate Correction of Hazard which is issued pursuant to Section VIII , paragraph 3 (a) ( i ) herein. An appeal of an Order issued pursuant to Sec- tion VIII, paragraph 3(a)(ii ) herein shall not suspend the time limits for compliance or correction, and compliance or correc- tion shall be made or rendered forthwith, unless the Order is suspended by the Board. 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 6 impedes or prevents the egress of persons from such building or premises in violation of the provisions of Section 32-1- 1002 (3 ) , CRS, 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 con- stitute a separate violation of Section 32-1-1002(3), CRS. 2. The application of the above penalty shall not be con- strued to prevent the enforced removal or correction of pro- hibited conditions or other injunctive relief. 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 here- by repealed. SECTION XI : Validity and Conflict. The Longmont Fire Protection District Board of Directors hereby declare 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 Longmont 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 the declaration of the Longmont Fire Protection District Board of Directors that no provision of this resolution or the code or stan- dards 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. In the event there is a con- flict between the standards or requirements of Life Safety Code N.F . P.A. 101 and the Uniform Building Code and/or the Uniform Fire Code, the Uniform Building Code and/or Uniform Fire Code shall pre- vail . SECTION XII : Date of effect. This resolution shall take effect and be enforced within incorpor- ated municipalities and unincorporated portions of Boulder/Weld Counties from and after its approval as set forth in Section 32-1- 1002(1 )(d) , CRS. 7 Adopted this O/ day of , 1984. LONGMONT FIRE PROTECTION DISTRICT ATTEST: Secretary (seal ) • 8 Hello