HomeMy WebLinkAbout20051536.tiff RESOLUTION
RE: CONSENT TO THE ENFORCEMENT BY THE PLATTEVILLE/GILCREST 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 thata fire code promulgated bya 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 Platteville/Gilcrest 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 Platteville/Gilcrest 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 18th day of May, A.D., 2005.
�� � BOARD OF COUNTY COMMISSIONERS
� mS 4 \ WELD COUNTY, COLORADO
, IlliezAti 1.71 -e
Slm^. ` William H. J e, Chairman
%me
`r. j i,..• 10,,41 Clerk to the Board
•• ( . M. . eile, P o- e
Deputy Clerk to the Board
Day' E. Lon YU"�
APP A M:
A Robe D. Mas en
unty Attorney _ta/
Glenn Va
Date of signature: s=a 51-OC
2005-1536
SD0112
C'(' ' �L, (3 All f'L�Til��ii ps aZS Os—
FIRE CODE
RESOLUTION 2005 - 1
PLATTEVILLE-GILCREST FIRE PROTECTION DISTRICT
A RESOLUTION, ADOPTING THE INTERNATIONAL FIRE CODE, PRESCRIBING
REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM
FIRE OR EXPOLOSION, AND PROVIDING FOR THE ISSUANCE OF PERMITS FOR
HAZARDOUS USES OR OPERATION.
WHEREAS, The Board of Directors of the Platteville-Gilcrest 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, THEREFORE, BE IT RESOLVED:
SECTION I: Adoption of the 2003 International Fire Code and International Fire Code
Standards.
There is hereby adopted by the Platteville-Gilcrest 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 Platteville-Gilcrest 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 County shall be on the date of approval by the
Board of County Commissioners in and for Weld County, State of Colorado. This Code shall be
in effect within the territorial limits of the Platteville-Gilcrest Fire Protection District.
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SECTION II: Establishment and Duties of Fire Prevention.
Organizational structure and duties of the Fire Prevention Bureau, 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 Platteville-Gilcrest 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 Platteville-Gilcrest 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 Platteville-Gilcrest 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 Platteville-
Gilcrest Fire Protection District.
Where the term "Board of Appeals" is used, it shall refer the District's Board on to the boards
established by the applicable municipalities or Weld County, if any.
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 Platteville Building Code, & Town of Gilcrest 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 Department 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.
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2. An "Order for Immediate Correction of Hazard" may be issued by the Chief or his
designee:
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
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 Weld County District
Attorney.
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.
4
Subsection-5-Stop Work Order:
Chapter 1, Section 111.4 shall have dollar amounts inserted:
Failure to comply. Any person who shall continue any work after having been served with
a stop work order, except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be liable to a fine of not less than $50 or more than
$250.
Subsection-6-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
c. Performed in conjunction with the construction of new structures, buildings, and
improvements.
d. Fees for such items shall be assessed per the Platteville-Gilcrest 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-7-Fire Protection Systems:
Chapter 9, Section 903.2.7 is amended to include the following exception:
Exception: One- and Two- family dwellings unless otherwise required based upon fire
flow, fire apparatus access or other life safety hazards as deemed by the fire prevention
bureau.
Subsection-8-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."
5
Subsection-9-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 which storage of flammable or combustible liquids is within the
limits of the Town of Platteville or Gilcrest 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-10-Well Drilling and Operating
Chapter 34, Section 3406.3 is amended by its deletion in its entirety and shall read as
follow:
"Wells for oil and natural gas shall be drilled and operated in accordance with the Safety
Regulations of the Colorado Oil and Gas Conservation Commission."
Section V: Validity and Conflict:
The Board of Directors of the Platteville-Gilcrest 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
Platteville-Gilcrest 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 Platteville-Gilcrest 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 VI: 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.
Adopted this 13th day of January, 2005.
PLATTEVILLE-GILCREST FIRE PROTECTION DISTRICT
By` .4P,it 2
\flip- Pr sident of the Board
ATTEST:
Bk
e• etary of the Board
6
Platteville/Gilcrest Fire Protection Dist.
303 Main St. PO Box 407
Platteville, CO 80651-0407
Phone 970-785-2232 x 7/Fax 970-785-0139
April 25,2005
Weld County Board of County Commissioners
C/O Bruce Baker
915 10th Street
Greeley, CO 80632
Mr. Bruce Baker,
On January 13, 2005,The Board of Directors of the Platteville/Gilcrest Fire
Protection District adopted the 2003 International Fire Code, with a few amendments.
Both the towns of Platteville and Gilcrest have passed and adopted this code within the
limits of their respective cities.
As per our conversation,I have enclosed the required documents necessary to
proceed with the adoption with the county. A copy of the resolution adopted by the
Platteville/Gilcrest Fire Protection District Board as well as a copy of the notice of the
public meeting is enclosed.
I would appreciate it if you would place this on the agenda for action by the board
of County Commissioners. Once the resolution is passed I would like to have a copy
forwarded to me for my records.
If you have any questions or need further information please call me. Thanks.
Sincerely,
,sedi7G
Russell Kissler
Fire Prevention Tech.
D
APR26 2005
W?T ORNV COUNTY ICE
Affidavit of Publication
•
STATE OF COLORADO
ss.
County of Weld,
I, Jennifer Usher
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE GREELEY DAILY TRIBUNE, and
The Greeley Republican
that the same is a daily newspaper of general circulation and
printed and published in the'City of Greeley, in said county and
state;that the notice or advertisement, of which the annexed is a
true copy,(days):that the notice was published in the regular and
entire issue of every number of said newspaper during the period
and time of publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the first publication
NOTICE OF PUBLIC MEETING REGARDING of said notice was contained in the, issue of the said newspaper
THE INTERNATIONAL FIRE CODE bearing date the Eleventh day of January
PUBLIC NOTICE IS HEREBY GIVEN that on January 13th,2005, A.D. 2005,and the last publication thereof: in the issue of said
at 7:00 PM,at the Plattev o lcresl Fire Protection district will
conoppuct a public hearing for r the purposes of receiving input on the newspaper bearing date the Eleventh day of January
ad3 edihon
the International Fire Code,as amended,tion and the enforcement he District of the
and standarrdds,which of
A.D.2005; that said The Greeley Daily Tribune and the Greeley
regulates various activities and materials regarding fire prevention Republican,has been published continuously and uninterruptedly
life safety.
All interested persons who believe that they may be affected by during theperiod of at least six months next prior to the first
the adoption end enforcement of the International Fire Code are
invited to attend the meeting to express either their support for,or issue thereof contained said notice or advertisement above
opposition to,the adoption and enforcement of the International Fire Code.Any person unable to attend the meeting may address referred to; that said newspaper has been admitted to the United
their comments or concerns in writing addressed to:Platteville- States mails as second-class matter under the provisions of the
Gilcrest Fire Protection District,POBox 407,Platteville,CO.
file . open i sforfiththe
proposed
at the District'slion and Fire Code are s on on Act of March 3, 1879, or any amendments thereof; and that said
located at 303 Main St.,Platteville,CO. newspaper is a daily newspaper duly qualified for publishing
PLATTEVILLE-GRCREBT FIRE
PROTECTION DISTRICT legal notices and advertisements within the meaning of the laws
BY:Gary Sandeu: of the State of Colorado.
Administrative Asssistant •
I
The Greeley Deily Tribune
Jarman/11,2005 - I January 11,2005
Total Charges: $36.00
•
C>tL4ttvertising Clerk
Subscribed and sworn to before me this
l ith day of January 2005
My Commission Expires 7/28/2008
/ G��C Notary
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