HomeMy WebLinkAbout20023059 RESOLUTION
RE: CONSENT TO THE ENFORCEMENT BY THE JOHNSTOWN 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 Johnstown 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 Johnstown 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.
2002-3059
SD0110
C; .Scxi,�sivu.i*I �n ,C4
RE: CONSENT TO ENFORCEMENT OF 1997 UNIFORM FIRE CODE, AS AMENDED,
JOHNSTOWN FIRE PROTECTION DISTRICT WITHIN THE DISTRICT'S
UNINCORPORATED PORTIONS OF WELD COUNTY
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of November, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, ,LORADO
ATTEST: rt 1 (.µw t Ar
Glenn Vaad, Chairman
Weld County Clerk to 861 " rd ,
• ; EXCUSED DATE OF SIGNING (AYE)
David E. Long, Pro-Tem
BY:
Deputy Clerk to the rd EXCUSED
M. J. Geile
APPROVED AS TO FORM:
eWilliam H. Jerke
ty Attorney C S" LX, 1 V �`O
l / Robert D. Masden
Date of signature: 1 .
2002-3059
SD0110
FIRE CODE
JOHNSTOWN FIRE PROTECTION DISTRICT
A RESOLUTION ADOPTING THE UNIFORM FIRE CODE, 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.
WHEREAS,the Board of Directors of the Johnstown 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 for realistic and reasonable_level of
fire protection to be provided by a rural fire protection district which also includes some areas of
medium to high density residential development, including some industrial and commercial;
NOW, THEREFORE,BE IT RESOLVED THAT:
SECTION I: Adoption of 1997 Uniform Fire Code and Uniform Fire Code Standards;
Applicability; Alternate Methods of Compliance.
1. There is hereby adopted by the Johnstown 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 the
following Appendices:
a
nd the Uniform Fire Code Standards, published by the Western Fire Chiefs Association and the
International Conference of Building Officials, being particularly the 199_ editions thereof, and
the National Wildland Standards, 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 Johnstown 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 incorporated municipalities within this District shall be the date of approval by the
respective governing board of said municipality, and the date on which it shall take effect within the
unincorporated portions of Weld County within the District 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 the territorial limits of the Johnstown Fire Protection District.
2. Where no standards or requirements are set forth in the 1997 Edition of the Uniform Fire Code,
the laws, codes, regulations, ordinances,policies, and bylaws (herein, "regulations") adopted by
2002-3059
the Johnstown Fire Protection District shall control. If neither the Uniform Fire Code or
District regulations contain applicable standards or requirements, then compliance with the
standards of the National Fire Protection Association or other nationally recognized fire-safety
standards, as approved by the Fire Chief, shall be prima facie evidence of compliance with the
intent of the Uniform Fire Code, as amended and adopted herein.
3. The District's Board shall determine the suitability of the alternate materials and methods and
type of construction and provide reasonable interpretations of the provisions of this Code upon
the request of the Chief of the Department.
SECTION II: Establishment and Duties of Fire Prevention Inspectors.
Notwithstanding the provision of the Uniform Fire Code to the contrary, the organizational
structure and duties of the fire prevention bureau or department, if established by the District, shall
be as provided by the District's bylaws or regulations.
SECTION III: Definitions.
Wherever the word "District" or phrase "Fire District" is used, it shall mean the Johnstown 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 Johnstown 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 Johnstown Fire Protection District, or a duly authorized and designated member of
the District.
Where the term "Bureau of Fire Prevention" is used, it shall be held to mean either the entire fire
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 Johnstown
Fire Protection District.
Wherever the term "Uniform Building Code" is used, it shall be held to mean the Uniform Building
Code as it may be adopted, amended and incorporated into the Weld County Building Code or the
codes or ordinances of any incorporated municipality within the District.
SECTION IV: Establishment of Limits in Which Storage of Liquified Petroleum Gases is
to be Restricted.
The limits referred to in the Uniform Fire Code, in which the storage of compressed natural gas is
2
restricted, are hereby established as-follows: as addressed by any ordinance or zoning regulation
adopted by Weld County or municipalities within the District. 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.
SECTION V. Amendments Made in and to the Uniform Fire Code.
The Uniform Fire Code is amended and changed in the following respects:
1. Section 103.2.12 of the Uniform Fire Code shall be amended by the deletion of Section
103.2.12 in its entirety and by the insertion of the following:
"The authority of the Chief of the fire district or designated members of the department
to act as police officers shall only extend as far as the authority set forth in § 32-1-
1002, C.R.S., or other applicable state statutes."
2. Section 101.5 shall be amended by the addition of the following sentence: "Nothing
herein shall be construed as a waiver of any immunities provided by Section 24-10-101, et
seq., C.R.S. or by other statutes, or by the common law."
3. Section 103.1.4 shall be amended by the deletion of Section 103.1.4 in its entirety and
by the insertion of the following:
"(a) The District's Board shall determine the suitability of the 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."
4. The following is added as a new section 103.5:
103.5 Inspections.
"(a) Pursuant to § 32-1-1002(1)(e)(1I) 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:
3
(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, 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."
5. Section 103.4.6 shall be added as a new section to read as follows: 103.4.6 "This
Article shall be interpreted to be consistent with the provisions of§ 32-1-1002(3), C.R.S.."
6. Section 105.80.1 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
Departments or municipal authorities."
7. Section 1001.10 is amended by the deletion of the phrase "other than private
dwellings" as indicated in the following:
1001.10 Fire Appliances. The chief is authorized to designate the type and number of
fire appliances to be installed and maintained in and upon all buildings and premises in
the jurisdiction other than private a ll' This designation shall be based upon the
relative severity of probable fire, including the rapidity with which it may spread.
Such appliances shall be of a type suitable for the probable class of fire associated with
such building or premises and shall have approval of the chief.
8. Article 78, Fireworks and Pyrotechnic Special Effects Materials, is deleted in its
entirety and the applicable provisions of Colorado state statutes and regulations, i.e., Sec. 12-
28-101, et seq., CRS, shall govern all fireworks,their sale, storage, and use.
9. Appendix V is amended by the addition of the following paragraph 3:
3. OTHER CODES. In addition to the above-referenced standards, the
latest and most current of the editions of the following codes shall be used to
attain a reasonable level of safety where specific requirements are not stated or
specific standards are not adopted or referenced in this Fire Code, particularly as
they pertain to occupancy loads,building exits, and to fire prevention in general:
4
National Electric Code
Uniform Building Code
Uniform Mechanical Code
Life Safety Code
NFPA National Fire Code
In the event of a conflict between the provisions of these codes and Colorado state
statutes, the most stringent provisions shall apply.
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 § 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 or re-inspection;
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 within the
time specified in a previously issued Notice of Violation or
Hazard; or
5
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 situated as to endanger
other property as set forth in § 32-1-1002(3)(c), whether or
not a Notice has been previously issued.
b. 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;
ix. 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 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.
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 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.
6
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 Weld County District Attorney.
8. An appeal shall suspend the lime limits for compliance or correction of a fire hazard or
hazards, until the appeal is resolved for appeals of a Notice of Hazard. 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 this Code 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.
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§ 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 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 of the Code or standards hereby adopted are
hereby repealed.
SECTION XI: Validity and Conflict.
The Johnstown 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 Johnstown 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 Johnstown 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 § 32-1-
1002(1)(d), C.R.S.by such entities. -_
Adopted this I ith day of (, x a ,2002
JOHNS WN FIRE OTECTION DISTRICT
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Johnstown Fire Protection District g C / \C o\` P.O. Box 979 • 100 Telep Street •Johnstown, Colorado 80534
gE pE,. Telephone: (970) 587-4477 • Emergency 911
D11-12-02
L C J�
Steve Seewald
Fire Marshal i N0V 1 8 2002
Johnstown Fire Protection District �: .
1 =
WELD COUNTY
Bruce T. Barker ATTORNEY'S OFFICE
Weld County Attorney
Bruce;
Per our phone conversation in late September I am enclosing the material you requested
A. These public notices were published in the Johnstown Breeze on the dates of
October 24th and October 31st
B. The Johnstown Fire Protection District held a Board meeting on November 12th
There was no public comment in dispute of the notice
C. I have advised a local Realtor(Randy Slafter of RE/Max )of the notice with NO
dispute.
D. I have sent a letter to The Johnstown/Milliken Chamber with No negative
comments received
The Johnstown Fire Protection District's Board of Directors wish to proceed forward
with this issue.
If you request any other information on this issue, Please contact my office at(970)587-
0339.
Th You �J�
• , C o.e.-W oe JOHNSTOWN. .—PROTECTION
Steve Seewa d DISTRICT
The Johnstown Fire Protection Dis-
trict has adopted the 1997 Uniform Fire
Code which regulates the governing of
conditions hazardous to life and property
from Pre or explosion and provides for
the issuance of permits for hazardous
uses or operations.The Fire Department
will be enforcing that code within the
District's unincorporated portions of
Weld County.The public is invited to the
regular Board Meeting for comment,
which will be held at the Fire Station,100
Telep Avenue, on November 12 at 7:00
p.m.
Alan Reider,Board Secretary
fi Shed in to Johnstown Breen 0o-
kb"24 8 31,2002
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