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HomeMy WebLinkAbout20022913.tiff RESOLUTION RE: CONSENT TO THE ENFORCEMENT BY THE EATON FIRE PROTECTION DISTRICT OF THE 1997 UNIFORM FIRE CODE AND STANDARDS, 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 Eaton Fire Protection District ("the District") has presented a resolution adopting and promising to enforce the 1997 Edition of the Uniform Fire Code and Standards, with certain amendments set forth in said resolution, 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 1997 Edition of the Uniform Fire Code and Standards, with certain amendments set forth in said resolution, 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 Eaton Fire Protection District of the 1997 Edition of the Uniform Fire Code and Standards, with certain amendments as set forth in the attached resolution, within the District's unincorporated portions of Weld County. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of October, A.D., 2002. BOARD OF COUNTY COMMISSIONERS WELD °UN ORADO ATTEST: finuji, G Vaad, Chairman Weld County Clerk to th:'-.. + O„ 4ZP:� w ♦ David E. L g, Pro-Tem BY: i f � Deputy Clerk to the Bo:t ! \ ��► . J. eile APPRO ED AS TO F . William H. Jerke Coun Attorne / Robert D. Masden Date of signature: J/to 2002-2913 0 t-d, (14 SD0060 $\T, 4 WELD COUNTY ATTORNEY'S OFFICE 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSITE: www.co.weld.co.us PHONE: (970) 336-7235 FAX: (970) 352-0242 • COLORADO October 23, 2002 Harry A. Zeitlin Chief of Department Eaton Fire Protection District 224 15' Street Eaton, CO 80615 Re: Enforcement of 1997 Uniform Fire Code, as Amended, in the Unincorporated Weld County Area of the Eaton Fire Protection District Dear Chief Zeitlin: Enclosed is a copy of a draft Resolution for consideration by the Board of County Commissioners of Weld County concerning your request for the Board's consent to the enforcement of 1997 Uniform Fire Code, as amended, in the unincorporated Weld County area of the Eaton Fire Protection District("the District"). A copy of the District's amended version of the 1997 Uniform Fire Code is enclosed. Thank you for supplying me with a copy of the notice regarding the public hearing before the District Board on February 27, 2002, and a copy of the Agenda for the meeting of the Board of Trustees for the Town of Eaton on March 21, 2002. Copies of those documents and your October 10, 2002, letter are enclosed. I intend to ask the Board of County Commissioners to consider the proposed resolution at the Board's regular meeting on October 30, 2002, at 9:00 a.m. The meeting will take place in the Board's First Floor Meeting Room, Weld Centennial Center, 915 10'h Street, Greeley, CO. I respectfully request that you or some other District representative be present at the meeting to discuss the District's request. 2002-2913 Letter, Zeitlin October 23, 2002 Page 2 I suspect that the Board of County Commissioners will want to hear from you how the notice of the District Board meeting of February 27, 2002, and the Agenda or other notice of the meeting of the Town Board of March 21, 2002, was communicated to the property owners in the affected area of the District. The concern the Board has had with similar requests of other fire protection districts in the County is that the persons who will be subject to the new Code provisions should be notified of their pending adoption and be able to have input into such decision. Please feel free to call me at (970) 356-4000, est. 4390, if you have any questions. Si rely, race T. Bark Weld County Attorney Enclosures pc: Jeff Reif Clerk to the Board EATON FIRE PROTECTION DISTRICT 224 1' STREET EATON COLORADO 80615 970-454-2115 HARRY A. ZEITLIN FAX 9'70- 454-2164 October 10, 2002 "Miff}a In CEE Weld County Board of County Commissioners O C T 21 2002 r d C/O Bruce Barker, County Attorney L - 91510`hStreet WELD CCLNTY Greeley, Co 80632 ATTORNEY'S OFFICE Request for the Weld County Commissioners to Grant the Eaton Fire Protection District the authority to enforce the Uniform Fire Code,1997. Dear Mr. Baker, This letter is answer to your letter of October 16, 2002 and requested follow up phone call to your office concerning public notice of the desire by the Fire District and Town of Eaton to enforce the Uniform Fire Code, 1997. I have attached copies of the posted public notices from the district and town. Please let me know when this request is on the agenda for action by the Board of County Commissioners will be heard. Yours y, . Zeitl' ire hief EATON FIRE PROTECTION DISTRICT 224 18T STREET EATON COLORADO 80615 970-454- 2115 HARRY A. ZEITLIN FAX 970- 454-2104 October 10, 2002 _ US` -�"""LS�M OUT 1 a 2002 Weld County Board of County Commissioners C/O Bruce Barker, County Attorney WELD COUNTY 91510tStreet ATTORNEY'S OFFICE Greeley, Co 80632 Request for the Weld County Commissioners to Grant the Eaton Fire Protection District the authority to enforce the Uniform Fire Code.1997. On May 22, 2002 The Board of Directors of Eaton Fire Protection District adopted the Uniform Fire Code 1997 edition, including various appendices and certain modifications. On April 18, 2002 The Town Board of the Town of Eaton adopted the Uniform Fire Code 1997 edition, including various appendices and certain modifications. As provided in Section 32-1-1002 (lxd),CRS,the 1997 Fire Code cannot become effective and enforceable by the Eaton Fire Protection District located within Weld County limits until such time that the County Commissioners of Weld County adopts a resolution stating that the 1997 Uniform Fire Code, as adopted by the Board of Directors, shall be applicable within the Eaton Fire Protection District. I have enclosed all the information necessary on the adoption of the 1997 Uniform Fire Code, including a copy of the minutes adopting the 1997 Uniform Fire Code and the modifications to the Code adopted by the Eaton Fire Protection District. Please place this request on the agenda for action by the Board of County Commissioners. Upon, passage of this resolution please return a copy of the resolution for our files. You ly, Zeitlin ire hief FIRE CODE RESOLUTION(Date) EATON FIRE PROTECTION DISTRICT A RESOLUTION ADOPTING IRE UNIFORM FIRE CODE, UNIFORM FIRE CODE STANDARDS PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION,AND PROVIDING FOR PHE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATION. WHEREAS, The Board of Directors of the Eaton 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 the 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 for realistic and reasonable level of fire protection to be provided by a fire protection district; and WHEREAS, The Board of Directors will pursue adoption by municipalities within the limits of the District to adopt the same codes for the purpose of ensuring equitable protection of all of the inhabitants of the District; NOW, IHEREFORE,BE IT RESOLVED: SECTION 1: Adoption of 1997 Uniform Fire Code and Uniform Fire Code Standards. There is hereby adopted by the Eaton 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 Uniform Fire Code, including Appendix Chapters and the Uniform Fire Code Standards. Published by the International Fire Code Institute and the International Conference of Building Officials, being particularly the 1997 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 Eaton Fire Protection District, and the same are hereby adopted and incorporated as filly as if set out at length 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 Boards of County Commissioners in and for the County of Weld State of Colorado. This Code shall be in effect within the territorial limits of the Eaton Fire Protection District. 1 SECTION II: Establishment and Duties of Fire Prevention Organizational structure and duties of the fire prevention bureau or division, if any, shall be as provided by the District's policies and or directives. SECTION III: Definitions. Wherever the word "District" is used, it shall mean the Eaton 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 Eaton 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 Eaton Fire Protection 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 Fire Prevention Division 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 Eaton Fire Protection District. Wherever the term "Uniform Building Code" is used, it shall be held to mean the Uniform Building Code as adopted, amended and incorporated into the Weld County Building Code, Town of Eaton Building Code. SECTION IV: Establishment of Limits in Which Storage of Flammable or Combustible liquids are within the limits of the Town of Eaton shall be governed by any and all Town ordinances. Outside the Town limits, this shall be governed by either Weld county standards or the 1997 Uniform Fire Code. SECTION V. Amendments made in and to the Uniform Fire Code. The Uniform Fire Code is amended and changed in the following respects: 2 1. The following Section to be added to Article 1, and to be known as Section 103.4.7, Compliance Agreements. "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, or 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." 2. The following section is to be added to Article 1, and to be known as Section 103.3.5 Inspections: "Pursuant to § 32-1-1002(1)(e)(11) C.R. S. ,the Board may fix and from time to time may increase or decrease fees and charges, in its discretion, for inspections and review of plans and specifications which are: (a)Requested or mandated for existing structures,buildings and improvements; and (b)Necessitated in conjunction with any county regulation, resolution or condition of development; or (c)Performed in conjunction with the construction of new structures, buildings, and improvements. (d)Fees for such items shall be assessed per the 1997 Uniform Building Code fee schedule Table 1-A or as amended by the board or there representitive. Said fees and charges may in 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." 3. The following section is to be added to Article 1, and to be known as Section 101. 10 "This Article shall be interpreted to be consistent with the provisions of§ 32-1-1002(3), C.R.S." 4. Article 1. Section 105.1 shall be amended by the addition of a sentence reading as follows: "No such permit shall be required where burning is regulated pursuant to regulations promulgated under §25-7-123, C.R.S. and regulated by the Weld County Health Department or municipal authorities. 3 5. Appendix BI-B shall be supplemented by the following: Supplement to Appendix III-B.1 Town of Eaton Types of Hydrants: Within the limit of the Town of Eaton,the type and installation of hydrant shall conform to the Town's construction standard manual. III-B.2 Fire District Fire Hydrants shall be equipped with an upper standpipe section with a nominal height equal to the 33". Fire hydrants shall be dry barrel. Fire hydrants shall have two 2 1/2" ports and one 4 1/2" port. All thread shall be National Standard Thread, (NST). Fire Hydrants shall operate by opening in a counter-clockwise direction and closing in a clockwise direction. The hydrant shall have the standard five-sided nut on the port caps and the operating stem. The hydrant shall be installed with the 4 '/"port facing the roadway, with a height no less than 14" from grade. Hydrant installation: Fire Hydrants shall be constructed such that an isolation valve is located between the hydrant and the water main. The valve shall be accessible. The hydrant shall be installed so that the base flange is above grade with at least the base flange bolts exposed, and not greater than five inches from the grade to the bottom of the base flange bolts. Hydrants shall have a break away section per manufacturers specifications. The breakaway should be installed level with grade. All fire hydrants shall be installed with a course gravel bed to ensure adequate drainage from hydrant weep holes. Thrust blocks shall be installed in accordance with AWWA and NFPA- Hydrants shall be visible and accessible for fire fighters without difficulty. Vegetation and landscaping shall not conceal the hydrant. Hydrant Spacing: Residential -Fire Hydrants should be no greater than 600 feet apart; with no structure greater than 300 feet from hydrant (600/300). Multi-Family Residential—Hydrants shall be 200' from structures and spacing of 400' in city limits. Commercial and Industrial—Hydrants shall be 150' from structures and spacing of 300'. Low Density Residential - An individual analysis will be conducted for each subdivision where lots within the subdivision are equal or greater than 2 acres. Low Density Residential shall comply with residential unless the District approves an alternative. Alternatives shall be based upon the individual Analysis and the proposal submitted by the developer. Cisterns, dry hydrants and open water sources are not acceptable alternatives. 4 Fire flows shall be not less than 1000 gpm at 20 psi minimum for single family residential. Multi-Family Residential, except in rural areas where supplies may not be able to flow requirements. Commercial and Hydrants on streets without access to structures or where no structural hazard is present shall be spaced at 1000 feet, except in rural areas where water supplies may not be available. Hydrants shall not be more than 10 feet from an approved fire access or roadway. The grade from the roadway or access and the hydrant shall be near to level. The placement of hydrants in developments without a grid type street design will be based upon an evaluation by the fire department to ensure operational needs. Placement of hydrants in dead end streets shall be based upon the distance of the street from the intersection to the end of the street. The placement of hydrants at the end of the dead end street is for use as a blowout and it is not credited for use in fire fighting operations. Blowouts should meet the same criteria as hydrants for fire fighting operations, or designed to ensure that the blowout will not adversely affect fire-fighting operations due to failure. Streets with islands may require additional hydrants unless the hydrants are placed in the islands. 6. Appendix III-A Fire Flows shall be amended as follows: Industrial fire flows will be calculated based upon appendix III-A. In locations throughout the District where the required fire flows cannot be provided, the Eaton Fire Protection District may enter into written agreements for enforcement or compliance with the owner, lessee, occupant or authorized agent thereof, or any property building or structure, or interested person directly affected by the application of this code. Said agreement may extend the time for compliance with this code, and may contain such terms and conditions that the Fire Board deems appropriate to adequately protect life, health, property, security and welfare of the general public. 7. General: Section 1003.1 is amended to read as follows: An automatic sprinkler system shall be installed as required by the 1997 Uniform Building Code. 5 SECTION VI: Article 1, Section 103.4, Enforcement Procedures, and Article 1, 103.1.4, Appeals, shall read as follows: 1. The Chief or his 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 in an inspection report. 2. A "Notice of Violation or Hazard" may be issued by the Chief or his 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/subsections of code; e. Date of compliance/re-inspection; f. Suggested methods of correction, if applicable; 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 § 32-1-1002(3)(c), whether or not a Notice has been previously issued. c. An Order shall be signed by the Chief or his designee and shall contain, 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; VI. Right of appeal to the District Court and time limit; VII. Penalties for violation of order; VIII. Signature of the Chief or his designee; DC. Acknowledgment 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 of appeals by delivery to the Chief in writing a notice of appeal within five days of the issuance of 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 deems proper. 6 5. An appeal of an Order for Immediate Correction of Hazard may be made to the Board of appeals 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 of appeals 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 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)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(b) 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 of appeals. SECTION VII: 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 § 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. 2. The application of the above penalty shall not be construed to prevent the enforced removal or correction of prohibited conditions or other injunctive relief SECTION VIII: 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 of the Code or standards hereby adopted are hereby repealed. 7 SECTION VIIII:Validity and Conflict. The Eaton 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 Eaton 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 Eaton 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 X: 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 § 32-1-1002(O( ) CB R. S. Adopted this day of /11 ,2002. ETON FIRE PROTECTION DISTRICT By44Q. 97 , President of the Board ATTEST: By p&7 mil Secretary of the Board 8 TOWN OF EATON,COLORADO ORDINANCE NO.496 AN ORDINANCE REPEALING AND RE-ENACTING SECTION I OF CHAFFER VI OF THE EATON MUNICIPAL CODE CONCERNING THE ADOPTION OF THE 1997 EDITION OF THE UNIFORM BUILDING CODE(UBC),THE 1998 EDITION OF THE INTERNATIONAL OF THE UNIFORM H USING CODE MECHANICAL(UHC),THE 91 EDITIO EDITION NN OF THE EROUS BUILDINGS ADB), THE 2002 EDITION OF THE NATIONAL ELECTRIC G CODE C UNIFORM CODE FOR ABATEMENT OF ((NEC),THE 1997 EDITION OF THE UNIFORM PLUMBING CODE(PC),THE 1997 EDITION OF THE UNIFORM CODE FOR BUILDING CONSERVATION,THE 2000 EDITION OF THE INTERNATIONAL FUEL GAS CODE,AND THE 1997 EDITION OF THE UNIFORM FIRE CODE (UFC). BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF EATON, COLORADO: Section 1. Section 1 of Chapter VI of the Eaton Municipal Code is repealed and re-enacted to read as follows: 6-1-1 Buildinz Code Adopted by Reference.Pursuant to Section 31-16-201, et seq.,C.R.S.,as amended,there is hereby adopted as the Building Code for the Town of Eaton,by reference thereto,the Uniform Building Code, 1997 Edition,published by the International Conference of Building Officials, 5360 South Workman Mill Road,Whittier, California 90601. A.Title for Citation.The ordinance codified in this section may be known and cited as the "Uniform Building Code of the Town of Eaton,Colorado." B.Purpose.The Building Code is adopted in order to preserve and protect the public health, safety and general welfare,and the safety, protection and sanitation of dwellings, buildings and structures in the Town,and to provide uniform building regulations, generally conforming to similar regulations throughout the county, state, and nation. C. Scope of Buildinz Code.The subject matter of the adopted code includes comprehensive provisions and standards regulating the erection, construction,enlargement, alteration, repair, moving, removal, conversion, demolition,occupancy, equipment,use,height, area,and maintenance of buildings and structures. D. Interpretation of Provisions.This section shall be so interpreted and construed as to effectuate its general purpose to make uniform building regulations. E. Applicability. This section shall apply to every building or structure as defined in said ordinance which is now in existence or which may hereafter be erected,constructed, altered,moved, demolished,or repaired. F. Application of Regulations. Where, in any specific case, different sections of this Code,the Zoning Code, or other ordinances of the Town specify different materials, methods of construction, or other requirements,the most restrictive shall govern. G. Section 104.2 is Amended by the Addition of a Sentence to Read as Follows:Two references may include portions of the 2000 International Building Code and the 2000 International Residential Code. E.Interpretation of Provisions. This Section shall be so interpreted and construed as to effectuate its general purpose to make uniform regulations regarding building conservation. 6-1-9 International Fuel Gas Code.2000 Edition.Adopted by Reference. Pursuant to Section 31- 16-201,et seq.,C.R.S.,there is hereby adopted as the Fuel Gas Code of the Town, by reference thereto,the International Fuel Gas Code, 2000 Edition, published by the International Code Council, 5203 Leesburg Pike, Suite 708,Falls Church, Virginia 22041-3401. A.Title for Citation. The ordinance codified in this Section may be known and cited as the "International Fuel Gas Code of the Town of Eaton, Colorado." B.Purpose. The purpose of the International Fuel Gas Code, 2000 Edition, is to protect the health and welfare of the residents of the Town. The subject matter of this code includes rules and regulations, providing for standards addressing the design and installation of fuel gas systems and gas fife appliances. C. Scope of Provisions.The subject matter of the Code includes comprehensive provisions, standards and regulations for materials, installation methods, inspection and other matters relating to fuel gas systems and gas fire appliances. D. Applicability of Regulations. This Section shall apply to all buildings, as defined in the document adopted in this Section,which are now in existence or which may hereafter be built within the Town. E. Interpretation of Provisions. This Section shall be so interpreted and construed as to effectuate its general purpose to make uniform regulations regarding fuel gas systems and gas fire appliances. 6-1-10 Fees and Charges.Any fees and charges provided for in this Chapter VI may be amended by Resolution adopted by the Board of Trustees. 6-1-11 Violation—Penalty. A. It is unlawful for any person, firm,or corporation to erect,construct,enlarge, alter, repair,move, improve, remove, convert,or demolish, equip, use, occupy,or maintain any building or structure in the Town, or cause the same to be done, contrary to or in violation of any of the provisions of the Codes adopted in this chapter. B. Any person, firm, or corporation violating any of the provisions of the Codes adopted in this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of these Codes are committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine or not more than one thousand dollars ($1,000.00)or by imprisonment for not more than one(1)year,or by both such fine and imprisonment. Section 2. Effective Date. This Ordinance shall become effective thirty(30)days after publication, as provided by state statute. PASSED,SIGNED,AND APPROVED,AT A REGULAR MEETING OF THE BOARD OF TRUSTEES OF TIRE TOWN OF EATON,COLORADO,ON THIS 21st DAY OF March, 2002. TOWN OF EATON,COLORADO ATTEST: N OF ti %% : ppATEDq •.� 1r0 By: fituh�ZC �, . i : Q a _ s j� Erika C. Bagley,T lerk i � ''Po% rl/ ayor K rth M • / *t I ..• +. i t11vNNCOL0RPOO f 12 PASSED,SIGNED,APPROVED,AND ADOPTED ON SECOND READING THIS 18th DAY OF April,2002. ATTEST: TOWN OF EATON,COLORADO By: Fla C. 6a- °.-( BYL ��M/S 6 • L.-<>72(111 Erika C. Bagley, T i k Mayor Keith M&n 10,- ----‘4± of FgThh O .Q��yp.TED 4-0."•••0:Jo ••• I if ? "' ii *t.... r* # I i Ill`\\cam sr-RPo°-- 13 PUBLIC NOTICE OF A REGULAR MEETING OF flit BOARD OF DIRECTORS OF THE EATON FIRE PROTECTION DISTRICT PUBLIC NOTICE is hereby given that a Regular Meeting of the Board of Directors of the Eaton Fire Protection District shall be held at (7:00) p. m., on (February 27`s) 2002, in the Fire Station Meeting Room, 224 First Street, Eaton, Colorado. Items on the Agenda of the meeting include, Correspondence Building Committee Report Uniform Fire Code Maintenance Report for Engines Resolution adopting a policy regarding District By-laws but are not limited to a review of the Fire Protection District,and other matters that may come before the Board. IN WITNESS WHEREOF: This NOTICE is given pursuant to statute this Date: (19th) day of (February), 2002. EATON FIRE PROTECTION DISTRICT By: /s/Vern Ledall President 71€TOWN OF 223 1ST STREET EATON, CO 80615 COLORADO PHONE: (970) 454-3338 FAX: (970) 454-3339 AGENDA THURSDAY, MARCH 21, 2002 7:00 P.M. 1) Roll Call. 2) Review the minutes of the February 213` meeting. 3) Consideration of Ordinance 496: Updating Building Code and Adopting Fire Code {Jim Bilyeu of Colorado Inspection Agency} 4) Senior Programs: Diane Stille 5) New Fire Department Drainage and Site Plan: Mike Ketterling 6) Discussion regarding downtown improvement planning: Thorpe Associates Letter 7) The Eat'n Place: Request renewal of Hotel/Restaurant License 8) Public Comments/Questions 9) Reports 10) Adjourn aiuco to afer/ 1892 d WELD COUNTY ATTORNEY'S OFFICE S 915 TENTH STREET P.O. BOX 758 GREELEY, CO 80632 WEBSI 1 E: www.co.weld.co.us wipe PHONE: (970) 336-7235 FAX: (970) 352-0242 COLORADO January 21, 2002 Harry A. Zeitlin Chief of Department Eaton Fire Protection District 224 1St Street Eaton, CO 80615 Re: Uniform Fire Code, 1997 Edition Dear Chief Zeitlin: I have received your letter of January 9, 2002, requesting that the Board of County Commissioners of Weld County consent to the enforcement of the Uniform Fire Code, 1997 Edition("the Code"), in the unincorporated area of the Eaton Fire Protection District. You mentioned in your letter that you were going to send a copy of District's Board of Directors minutes wherein the Code was adopted. Unfortunately, the copy was not enclosed with your letter. Instead, I received what appears to be an agenda "Action Item" for the inspection of a water tanker truck. That item is enclosed. For me to proceed and to get the District's request to the Board of County Commissioners,I will need to get a copy of the minutes, and I assume that you will send the same. Also enclosed is a copy of a letter received by the Weld County Department of Planning Services in November, 2001, regarding the provision of water for fire flows by the North Weld County Water District ("NWCWD"). As you can see, the NWCWD claims it cannot meet the water flows requirements adopted by the Windsor-Severance Fire Protection District in its amended version of the Code. I am not sure if your District is served by the NWCWD, but if it is, the Board of County Commissioners will probably want you to address the issue raised by NWCWD, given that your District has adopted the same flow requirements as the Windsor- Severance FPD. With this letter, I am sending a copy of the materials you sent to me to Mr. Jeff Reif, Building Inspector, for his review and comment. I will place the matter on the Board of County Commissioners' agenda once I have received his comments and any response you may provide Letter, Zeitlin January 21, 2002 Page 2 regarding the water flows issue. If you have any questions or comments, please call me at (970) 356-4000, ext. 4390. 'Sincerely, Bruce T. Barker / Weld County Attorney Enc. pc: Jeff Reif Action Item #2 Nov 01 Site Inspection Fire Fighting Water Tankers Request the board grant permission to send a representative to inspect, purchase, and deliver vehicle to the department. This vehicle and ones similar to it were discussed at the preliminary budget meeting. The need for an additional tanker was agreed on by the Board and staff. Local vehicles have received inspections and were found not to meet the needs of the department due to age, design, and/or maintenance records. LIND, LAWRENCE & OTTENHOFF LLPT ATTORNEYS AT LAW _ n, THE LAW BUILDING - I ,' 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY.COLORADO 80632 - WEB PAGE:LLOLAW.COM - •—� TELEPHONE GEORGE H.OTTENHOFF (970)353-2323 KENNETH F.LIND (970)356-9160 KIM R.LAWRENCE TELECOPIER (970)356-1111 P.ANDREW JONES ken@Ilolaw.com RICHARD T.LiPUMA November 5, 2001 Larimer County Planning Department P.O. Box 1190 Fort Collins, CO 80522-1190 Weld County Department of Planning Services 1555 North 17h Avenue Greeley, CO 80631 Re: Comprehensive Plans, Water Flows and 1997 Uniform Fire Code Ladies & Gentlemen: This firm represents the North Weld County Water District created and organized pursuant to C.R.S. 32-1-101 et seq. (hereinafter"North Weld"). We have been advised that there have been several meetings in relation to Building and Zoning Codes, Comprehensive Plans, the 1997 Uniform Fire Code, Water Districts including North Weld, and specifically issues regarding fire flows necessary for unincorporated County subdivisions pursuant to the 1997 Uniform Fire Code. This 1997 Uniform Fire Code requirement is 1,000 gallons per minute at 20 pounds per square inch (p.s.i.) residual pressure for 30 minutes. It has been represented to North Weld and other Districts by some individuals that this is "law" and North Weld and other Water Districts must provide this minimum requirement for fire flows. There are also issues in relation to subdivisions in addition to fire flows such as spacing between fire hydrants, size of water lines for these hydrants, "dead water" zones in the lines, and other issues. The purpose of this letter is to advise you of the position of North Weld as to the 1997 Uniform Fire Code in relation to these issues. F9ffL1NWCWDIPIANNING.LTR Larimer County Planning Department Weld County Department of Planning Services November 5, 2001 Page 2 While North Weld is concerned with safety issues, the need to provide fire protection, and to comply with various laws and regulations, North Weld is also concerned with economics and the ability to provide certain potable water supplies for domestic purposes. Needless to say, North Weld would like to be able to provide 1,000 gallons per minute at 20 p.s.i. for 30 minutes at every fire hydrant within its District, however, that is an impossibility due to limitations in the water delivery system including, but not limited to, size of water lines, location of tanks and distances. North Weld has and is always more than willing to cooperate with Fire Protection Districts, developers and others regarding fire flows, but North Weld cannot provide water service greater than existing facilities, or facilities planned in the future, in accordance with budgets and timing. North Weld will cooperate in providing available water service but North Weld cannot provide the requested amounts and pressures in most cases. Contrary to some statements, North Weld is not required by statute or regulation to provide such flows. North Weld will provide what is available in accordance with proper and prudent engineering practices such that it does not endanger the infrastructure or water delivery system for the District. Quite simply, North Weld, as a special statutory District, must comply with statutory law as well as act in accordance with policies and procedures promulgated by its elected Directors. Neither the statutes nor policies of the Directors require North Weld to comply with the 1997 Uniform Fire Code as North Weld does not have the facilities or infrastructure to comply. Accordingly, North Weld will always make best efforts to provide fire flows but the amount, locations and all other features thereof shall be at the sole and exclusive discretion of North Weld. Due to the impossibilities of providing, in most cases,the flows and pressures under the 1997 Uniform Fire Code, existing or proposed Comprehensive Plans, or existing or proposed Building and Zoning Regulations, North Weld respectfully suggests that each Fire District or County will have to provide variances to such regulations or codes if adopted. This is permissible as the Board of County Commissioners of each County has the authority to allow enforcement of the 1997 Uniform Fire Code with amendments. In fact, Weld County has recently approved such an agreement with amendments with the Windsor-Severance Fire Protection District. If any County or Fire Protection District adopts the 1997 Uniform Fire Code without any amendment concerning available supplies in amounts and pressures, it will be incumbent upon you to require the developer to provide some type of storage facility with pumping equipment to provide the required flows and pressures. The alternative is to determine that if the development cannot meet the 1997 Uniform Fire Code, then the F:\KF L\N W C W D\P LAN N I N G.LTR Larimer County Planning Department Weld County Department of Planning Services November 5, 2001 Page 3 - development should not be approved if any Water District cannot provide the flows as required under the Code or by any County action. North Weld also has concerns regarding the location and spacing of water hydrants as it appears that compliance with the 1997 Uniform Fire Code would result in numerous dead water zones which will affect the quality of water provided to domestic users. Due to economic limitations, North Weld is not in a position to flush hydrants or "dead water" zones and it is also important for you to realize that flushing of hydrants requires a substantial amount of water. If flushing is a requirement or if the development design results in "dead zones", North Weld will require the developer to provide additional raw water dedication. It will also be necessary to determine who will be responsible for flushing and cleaning lines as North Weld will not provide this service. I trust that this letter sets forth the position of North Weld but if it is unclear or if you have any questions, please contact the undersigned. Very truly yours, LIND, LAWRENCE & OTTENHOFF LLP Kenneth F. Lind KFbcg pc: Board of Weld County Commissioners Board of Larimer County Commissioners Elco (East Larimer County Water District) Loveland/Fort Collins Water District Central Weld County Water District F:\KFL\N WC WD\P LANNI NG.LTR Hello