Loading...
HomeMy WebLinkAbout20052894.tiff RESOLUTION RE: CONSENT TO THE ENFORCEMENT BY THE EATON FIRE PROTECTION DISTRICT OF THE 2003 INTERNATIONAL FIRE CODE, 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 2003 International Fire Code,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 2003 International Fire Code, 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 2003 International Fire Code,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 28th day of September, A.D., 2005. BOARD OF COUNTY COMMISSIONERS . , lJ WELD COUNTY, COLORADO ATTEST: i"_if® I/I �,/=��. illiam H. Je e, Chairman Weld County Clerk to th ;' pin M. J.�ite, ro-Tem BY: u �� 1f" i U� putyCl�lrkto the B rd c Davi L nr AP ED AS TO RM: _� \ Robert D. Masdgn ounty ttorney .l4{4 Date of signature: «40' Glenn Vaad 2005-2894 S D0060 Cf : 6- -tc,,i , CA /0_ ,3-0,5— EATON FIRE PROTECTION DISTRICT 50 SOUTH MAPLE AVENUE, EATON COLORADO 80615 970-454-2115 FAX 970-454-2164 HUGH KANE CHIEF OF THE DEPARTMENT September 21, 2005 rLria �- V 11 Weld County Board of County Commissioners SEP C/O Bruce Barker, County Attorney z Z 915 10th Street K'F� Greeley, CO 80632 A7T. ryE • y.S • ICE Re: Request for the Weld County Commissioners to grant the Eaton Fire Protection District the authority to enforce the 2003 International Fire Code. On June 22, 2005, the Board of Directors of the Eaton Fire Protection District adopted the 2003 International Fire Code including various appendices and certain modifications. On September 15, 2005, the Town Board of the Town of Eaton adopted the 2003 International Fire Code including various appendices and certain modifications. As provided in Section 32-1-1002 (1)(d), CRS, the 2003 International Fire Code cannot become effective and enforceable by the Eaton Fire Protection District, located in Weld County limits,until such time that the County Commissioners of Weld County adopts a resolution stating that the 2003 International 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 2003 International Fire Code, including a copy of the minutes adopting the 2003 International 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. Thank you for you cooperation, if you have concerns or questions please feel free to contact me at(970) 454-2115. Your truly, Hu Kane Fi Chief 2005-2894 CUP° EATON FIRE PROTECTION DISTRICT REGULAR BOARD MEETING MINUTES June 22. 2005 The regular meeting of the Eaton Fire Protection District was held Wednesday June 22, 2005, at 5:30 pm at the Eaton Fire Department. Present Board members: Shepherd, Carlson, Milne, Bagley and Brown Also present: Chief Klaas, Executive Assistant Dena Dowdy, Mary Cooper Guest: Dan Schommer The minutes of the May 26, June 2, and June 14 meetings were approved as presented. Dan Schommer, with Watkins & Schommer Certified Public Accountants, presented to the Board the audit for the year ending December 31, 2004. Chief Klaas recommended that we have our front line apparatus have a depreciation life of 15 years for next year. Mr. Schommer recommended for internal control purposes,to have a board member review the invoice being paid and co-sign with the individual preparing the check. Discussions were held. Director Milne moved to have the Chief of the Department as the primary check signer, second by Director Brown; vote was unanimous. Director Bagley moved to accept the 2004 audit as presented, second by Director Milne; vote was unanimous. Director Milne moved to accept the audit fee for 2005 in the amount of$2,300.00 to Watkins & Schommer, second by Director Bagley; vote was unanimous. Treasurer's Report: Bills were reviewed. Director Carlson moved to approve the Treasurer's report as presented, second by Director Milne; vote was unanimous. Director Milne moved to accept the Investment Policy as presented, second by Director Brown; vote was unanimous. Correspondence: No correspondence. Pension Committee: Tabled for next month. Chief's Report: Performance bonds were reviewed for the month of May. ISO discussions were held. ISO will take place June 24 and 25. Discussions were held regarding the 2005 Fire Code adoption. Director Carlson moved to accept Subsection#6 (Outside alarm notification)in the proposed 2003 Fire Code resolution, no second; motion failed. Director Carlson moved to accept Subsection#7 (Sprinkler system installation with floor area which exceeds 5000 sq ft) in the proposed 2003 Fire Code resolution,no second;motion failed. Director Brown moved to accept Subsection#8 (Fireworks)in the proposed 2003 Fire Code resolution, second by Director Bagley; vote was unanimous. Director Carlson moved to accept the 2003 International Fire Code resolution#2005-02 with Subsection#8 (Fireworks), second by Director Bagley; vote was unanimous. There being no further business to discuss,the meeting was adjourned. The July business meeting is set for 5:30 pm on Tuesday July 19, 2005. Respectfully submitted, Dena Dowdy FIRE CODE RESOLUTION 2005-02 EATON FIRE PROTECTION DISTRICT A RESOLUTION, ADOPTING THE INTERNATIONAL FIRE CODE, 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. WHFREAS, 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 the Town of Eaton 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,THEREFORE,BE IT RESOLVED: SECTION I: Adoption of the 2003 International Fire Code and International 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 International Fire Code, including Appendix Chapters. Published by the International Code Council, being particularly the 2003 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 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 governing board of said municipality and the date on which it shall take effect within the unincorporated portions of Weld Counties 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 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 volunteer) designated by the Chief to carry out enforcement duties relating to the prevention of fires and 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. Where the term"Board of Appeals"is used, it shall refer to the District's Board. Wherever the term"International Building Code"is used, it shall be held to mean the International Building Code as adopted, amended and incorporated into the Weld County Building Code, Town of Eaton Building Code. SECTION IV: Amendments made in and to the 2003 International Fire Code. The 2003 International Fire Code is amended and changed in the following respects: Subsection 1-Open Burning: The following section is to be added to Chapter 1, and to be known as Section 105.6.31 "This Article shall be interpreted to be consistent with the provisions of § 32-1-1002(3), C.R.S." or where there is a separate ordinance that addresses this section. Chapter 1, Section 105.6.31 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. 2 Subsection 2-Violation Penalties: The following section 109.3 of Chapter 1 shall be repealed and replaced, and to be known as Section 109.3: 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. Subsection 3-Compliance Agreements: The following section shall be added to Chapter 1, Section 109 and to be known as Section 109.3.2: "The Board (upon recommendation of the Chief or upon its own motion) may enter into written agreements for the 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." Subsection 4-Violations: Chapter 1, Section 109 Violations, shall be amended to include as follows, and shall be known as Chapter 1, Section 109.3.3: 1. 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 corrections, if applicable; g. Right to appeal to Board; h. Consequences of failure to correct the violation. 2. 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 previously issued"Notice of Violation or Hazard"; or 3 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; ix. Acknowledgment of receipt signed by owner, lessee, agent or other responsible person. 3. 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 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. 4. 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. 5. 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. 6. 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. 7. An appeal shall suspend the time limits for compliance or correction of a fire hazard or hazards,until the appeal is resolved by the Board of Appeals. Subsection 5-Fees: The following section is to be added to Chapter 1, and to be known as Section 112 "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,building and improvements; and b. Necessitated in conjunction with any County regulation, resolution or condition of development; or 4 c. Performed in conjunction with the construction of new structures, buildings, and improvements. d. Fees for such items shall be assessed per the Eaton Fire Protection District. 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." Subsection 6-Fireworks The following Section 3301.1.3 is amended by its deletion in its entirety and shall read as follows: "The applicable provisions of Colorado State Statutes shall govern all fireworks, their sale, storage and use." Subsection 7-Flammable and Combustible Liquids The following section is to be added to Chapter 34, and to be known as Section 3401.1.1: Establishment of limits in which storage of flammable or combustible liquids is 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 Weld County standards or the 2003 International Fire Code. Subsection 8-Appendix B The required fire flows shall be calculated based Appendix B. Exception: 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 Chief deems appropriate to adequately protect life, health, property, security and welfare of the general public. Subsection 9-Appendix-C Appendix C shall be supplemented by the following: The following section C105 shall be repealed and replaced in its entirety with the following and shall be known as C105: Distribution of Fire Hydrants: Multi-Family Residential: Hydrants shall be 200' from structures and spacing of 400' in the city limits. Commercial and Industrial: Hydrants shall be 150' from structures and spacing of 300'. 5 Residential: Fire hydrants shall be no greater than 600 feet apart; with no structure greater than 300 feet from hydrant(600/300). 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. 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 dead end streets where the water line also is a dead end shall be used as a blowout and it is not credited for use in fire fighting operations. Blowouts shall be designed to ensure that the blowout will not adversely affect fire-fighting operations due to failure. (2" single outlet with a 2"valve off of the main water line with a like seal such as the Waterous Pacer with equivalent pressure ratings and a isolated resilient wedge valve). Streets with islands may require additional hydrants unless the hydrants are placed in the islands. Hydrants shall be visible and accessible for fire fighters without difficulty. Vegetation and landscaping shall not conceal the hydrant. Subsection 10-Appendix-C Appendix C shall be supplemented by the following: The following section C106 shall be added with the following and shall be known as C106: Types of Hydrants: Fire Hydrants shall be equipped with an upper standpipe section with a nominal height equal to the Mueller Centurion. Fire hydrants shall be dry barrel. Fire hydrants shall have two 2 'A" ports and one 4 '/2" port. All threads 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 '/2"port facing the roadway with a height no less than 14" from grade. 6 SECTION V: 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 are hereby repealed. SECTION VI: Validity and Conflict: The Board of Directors of the Eaton Fire Protection District 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 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 VII: Date of Effect: This resolution shall take effect and be enforced within incorporated Town of Eaton and unincorporated portions of Weld County from and after its approval as set forth in §32-1- 1002(1)(d) C.R.S. Adopted this aaY,ct day of rre_ ,2005. EATON FIRE PROTECTION DISTRICT n p By )O11vn '/ ,t1PZ�f�-l12'dzt' President of the Board ATTEST: By F4)).46a, G . set Secretary of the E� d 7 TOWN OF EATON, COLORADO ORDINANCE NO. 525 AN ORDINANCE ADOPTING lilt 2003 EDITION OF lilt INTERNATIONAL FIRE CODE. WHEREAS, the Board of Trustees has been asked by the Eaton Fire Protection District to adopt the 2003 International Fire 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 within the Town of Eaton; and WHEREAS, the Board of Trustees believes it to be in the best interests of the citizens of the Town of Eaton to follow the recommendations of the Eaton Fire Protection District and adopt the 2003 International Fire Code. NOW, THEREFORE, BE IT ORDAINED BY FILL BOARD OF TRUSTEES OF DLL TOWN OF EATON, COLORADO: Section 1. Section 6-1-6 of the Eaton Municipal Code shall be repealed and re-enacted to read as follows: Section 6-1-6. 2003 International Fire Code Adopted by Reference. There is hereby adopted by the Town of Eaton 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 International Fire Code, including Appendix Chapters. Published by the International Code Council, being particularly the 2003 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 fully as if set out at length herein. (a) 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 Eaton Fire Protection District's policies and/or directives. (b) 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 volunteer) designated by the Chief to carry out enforcement duties relating to the prevention of fires and 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. Where the term "Board of Appeals" is used, it shall refer to the District's Board. Wherever the term "International Building Code" is used, it shall be held to mean the International Building Code as adopted, amended and incorporated into the Weld County Building Code, Town of Eaton Building Code. (c) Amendments made in and to the 2003 International Fire Code. The 2003 International Fire Code is amended and changes in the following respects: Subsection 1—Open Burning: The following section is to be added to Chapter 1, and to be known as Section 105.6.31: "This Article shall be interpreted to be consistent with the provisions of §32-1-1002(3), C.R.S." or where there is a separate ordinance that addresses this section. Chapter 1, Section 105.6.31, 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. Subsection 2—Violation Penalties: The following Section 109.3 of Chapter 1 shall be repealed and replaced and to be known as Section 109.3: 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 Subsection 3—Compliance Agreements: The following section shall be added to Chapter 1, Section 109, and to be known as Section 109.3.2: "The Board (upon recommendation of the Chief or upon its own motion) may enter into written agreements for the enforcement of 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." Subsection 4—Violations: Chapter 1, Section 109 Violations, shall be amended to include as follows, and shall be known as Chapter 1, Section 109.3.3: 1. 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 corrections, if applicable; g. Right to appeal to Board; h. Consequences of failure to correct the violation; 2. 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 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; ix. Acknowledgment of receipt signed by owner, lessee, agent or other responsible person. 3. 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 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. 4. 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. 5. 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. 6. 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 recommendations by the Chief or upon its own motion, refer the matter to the District Attorney of the county in which the violation occurs. 7. An appeal shall suspend the time limits for compliance or correction of a fire hazard or hazards, until the appeal is resolved by the Board of Appeals. Subsection 5—Fees: The following section is to be added t Chapter 1, and to be known as Section 112 "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, building 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 Eaton Fire Protection District. 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." Subsection 6—Fireworks The following Section 3301.1.3 is amended by its deletion in its entirety and shall read as follows: "The applicable provisions of Colorado state statutes shall govern all fireworks,their sale, storage and use." Subsection 7—Flammable and Combustible Liquids The following section is to be added to Chapter 34, and to be known as Section 3401.1.1: Establishment of limits in which storage of flammable or combustible liquids is 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 Weld County standards or the 2003 International Fire Code. Subsection 8—Appendix B The required fire flows shall be calculated based on Appendix B. Exception: In locations through 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 Chief deems appropriate to adequately protect life, health, property, security and welfare of the general public. Subsection 9—Appendix C Appendix C shall be supplemented by the following: The following Section C105 shall be repealed and replaced in its entirety with the following and shall be known as C 195: Distribution of Fire Hydrants: Multi-Family Residential: Hydrants shall be 200' from structures and spacing of 400' in the city limits. Commercial and Industrial: Hydrants shall be 150' from structures and spacing of 300'. Residential: Fire hydrants shall be no greater than 600 feet apart; with no structure greater than 300 feet from hydrant(600/300). Low Density Residential: An individual analysis will be conducted for each subdivision where lots within the subdivision are equal or greater than two 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. 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 dead end streets where the water line also is a dead end shall be used as a blowout and it is not credited for use in fire fighting operations. Blowouts shall be designed to ensure that the blowout will not adversely affect the fire-fighting operations due to failure. (2" single outlet with a 2" valve off of the main water line with a like seal such as the Waterous Pacer with equivalent pressure ratings and an isolated resilient wedge valve). Streets with islands may require additional hydrants unless the hydrants are placed in the islands. Hydrants shall be visible and accessible for fire fighters without difficulty. Vegetation and landscaping shall not conceal the hydrant. Subsection 10—Appendix C Appendix C shall be supplemented by the following: The following Section C106 shall be added with the following and shall be known as C106" Types of Hydrants: Fire hydrants shall be equipped with an upper standpipe section with a nominal height equal to the Mueller Centurion. Fire hydrants shall be dry barrel. Fire hydrants shall have two 2'/Z" ports and one 41/z" port. All threads 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 41/2" port facing the roadway with a height no less than 14" from grade. Section 2. Violation — Penalty. A person who violates the requirements of this Chapter shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment of not more than one(1)year or by both such fine and imprisonment. Section 3 Publication and Effective Date. This Ordinance shall become effective thirty(30) days after publication, as provided by state statute. PASSED AND APPROVED at a regular meeting of the Town Board of the Town of Eaton on this 18th day of August, 2005. TOWN OF EATON, COLORADO ATTEST: By: C ` - By: Erika Bagley, Cfk eith A. McIntyre, Mayor PASSED, APPROVED, AND ADOPTED ON SECOND READING THIS 15th day of September, 2005. TOWN OF EATON,COLORADO ATTEST: grlq 4),; n // B y�// e"�.,`4 ",Foanr.e'o b� [� Y i�i 4Y Erika Bagley, To'4 e .% if* W ` eith A. McIntyre, yor i Ni Sec •26. 2005 9: 19AM No.0262 P. 1 50 South Maple Avenue Eaton Colorado 80615 Eaton Fire Protection Phone: (970)454-2115 District Fax: (970)454-2164 Fax TO1 Mr. &AVsn Ream laeit\o&IoWriLl4 h ula 35a - daLla Doe "Ilainlo5 P hone: Pags" 2 t eot.'et Re: No*;en cab cx.F.ANkte maAiAy1 o Urgent O For Review O Please Comment O Please Rattly O Please Recycle ,Cpmnnent= REC`veSicp COP\QS ac \',it (Nki[Qn,` Koh ,lam ett tsr �f� ,�-T�Ctn1 �.li c r\CT k-kb a.doy* aOo3 Aott (\ h n. c c ec C �-�nalS Sep •26. 2005 9: 19AM No•0262 P . 2 AFFIDAVIT OF PUBLICATION STATE OF COLORADO se. COUNTY OF WELD I, Bruce J. Bormann, of said County of Weld, being duly Sworn,say that I am Publaher of n M pare Pin worth*OI.dhl Agp.an WWI",sto Si"r_ lase alNll..w e.nsc.arw:co, s.ar ode*nab comma THE NORTH WELD HERALD the Koko or Otectin t W,,aeon amcmas la vat,* address*ch: • rite*wet*nSmarms wind*.. rmm rat,Nwal MUNI,w s. : a weekly newspaper having a general circulation in said . *Masan*b M1.yaps of *Os,kaiak cm artily tr,ne,or uxt.ma ham oh lb nleala,ad Quinn code a.m rtaad win rar County and State,published In tho Town of Eaton,In said *anmcw+w ty ew aiwa a wa a.Nw;n d des puled'.edr au t Co end State;and that the notice.of which the ennead is . .1(1 .s 1lue ofan.wmaleea nn Svc:*Ma lumen.IN 50 x.Myh; . ,ten&which,eµWn.ainm.4p. • l4.s ()mink h,.,,mlan, a true copy,has been published In said weekly newspaper for .im.dl..: ., ngdawapm . . . •.em,w.m.q.lwr• seta 11t .....One__successive WeOk(0),that the notice was published• • .rwriw mu* sXmm .kin the regular and entire ieeue of every number of the paper • tRZUA DMNIWICeQtlOY •X MAWS worn. waa'belXwe .1t in a,minima.or' : dmudalniannhm NRInc sx:H'toa'e.'o o. ' • Nuking the period and time of publication, and in the mricd:msr a.:aw a ape e.m..rq m: inewspaper proper and not in a supplement, and that the cipicp Wlwr tsar nppn,raped (iaSj ?SWAM May 5.2lM heTM hWk oaks 4 w7 eM:N Nw w Publication of said notice: 1L.dq•M+x.}a zos.aiM nn, rune ...vie. pad wnndXminr Naifh Weld Neru'd,!wron•CO) I nI da ar.Cadr. Notice of Pudic Hearing Regarding Adoption of lire Co • was In said newspaper bearing the date(e) of Thursday,the 8th day of May 2005 Thursday,the day of _,2005 Thursday,the__day d 2005 • Thursday,the_day of 2005 • and that the said THE NORTH WELD HERALD hart been published continuously and un'ntemQtedly for the period of 52 consecutive weeks,in said County and State,prior to the date of first publication of said notice,and the same is a newspaper within the meaning of an Act to regulate printing of legal notices and advertisements approved May 18, 1931,and all prior sole so 1v to in SâtUtSHER Publication Coati 22.00, ..._ Subscribed and sworn to before me • r,��S1`S �/e .�P S this a Eth day May .2005 BMW rtet'act , OF Col_= ERIKA C.BAGLEY,NOT Y BUG *condom boas 10.21-01 My commission expires October 21.2007 Sep • 26. 2005 9: 19AM No.0262 P. 3 AFFIDAVIT OF PUBLICATION txepuus.copa•,. - .,,... r aw oalee la heroerOV,n a•wtp�w.•am.a.�iy 1LUMI. ^vxti.�, • Po . $:d STATE OF COLORADO eiab P.�am Piro PnxMk8•1884i onto sinan65o4 Mq,r,0l808•Ca•86 88. • MmtadPio:son:athe Hiroo PI Ptumem'Divtiln YflrwadW yob ie COUNTY OF WELD beflit for Wry,oi4 ofinedvini lti aitk d4,dnn vet the enay:omi:Li b9 the pMaanr U,9.y yip^ a .L ewWeh. 4trsvatfaai?av10$Mid eiaiskastragFjpe•pi a,ai,ma,aseo I, Bruce J. Bormann, of said County of Weld, being duly sworn,say that I am Publisher of ptas Vi C Code NovoNµropy toteratiO wing to. epOpbw_het" adaae,noe d as rim case en Invited to umdae nnYie4 w wmee:attlar THE NORTH WELD HERALD ILdr WNalwappxltlw to Mi6,pypy aa,teforoeni+ntnr,>bi hie ao. . • ^^rpmmr,,,,ptomw.aathemeni,gm awtee..mw,gam,P,t„;r ,Asa' a weekly newspaper having a general circulation in said "iidsam'm"°m: aennT"nivwemw°wew'°.r,"+g4e,i a,tx' County and State, published in the Town of Eaton, in said Boom •ocsia be tip Pia Coda en'm,•f6 wd oqn f.,r figiewiin et dui ixetta•d dinkkQNyeal teo:wrm PO.WOK l am,,CO during bxd-.- County end State;and that the notice,of which the annexed is akton xtt7nM7ntM•rDi3twc,.r • a true copy,has been published in said weekly newspaper for one•successive week(s),that the notice was published tltahiwwbet lunez�tvr i" n1d in the regular and entire issue of every number of the paper during the period and time of publication, and In the newspaper proper and not in a supplement, and that the publication of said notice: Public Hearing Regarding Adoption of Fire Code • was In said newspaper bearing the date(s) of Thursday,the 2 day of June ,2005 Thursday,the day of 2005 Thursday,the day of 2005 • Thursday,the day of • 2005 • and that the said THE NORTH WELD HERALD has been published continuously and uninterruptedly for the period of 62 consecutive weeks,in said County and State,prior to the date of first publication of said notice,end the same is a newspaper within the moaning of an Act to regulate printing of legal notices.and advertisements approved May 18. 1931, and ant prior acts so far as ink UC N,PUBLISHER • Publication Cost$ ,•%3" Subscribed and sworn to before me this ? day of June 2005 FRUAC ; • ooI A r! ERIKA C.BAGLEY, Y PUBLIC rc.OF CCP-,. My commission expires October 21,2007 vycrimson rinesibidd Hello