HomeMy WebLinkAbout20050928.tiff RESOLUTION
RE: CONSENT TO THE ENFORCEMENT BY THE WINDSOR-SEVERANCE 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 Windsor-Severance Fire Protection District("the District") has presented
a resolution and minutes, dated October 14, 2004, adopting and promising to enforce the 2003
International Fire Code,with certain amendments set forth in said resolution and minutes,within the
District's unincorporated portions of Weld County, and has asked that the Board consent to such
enforcement, and
WHEREAS, on November 17, 2004, the Board considered the District's request and a
motion to approve the consent to enforcement by the Windsor-Severance Fire Protection District
of the 2003 International Fire Code received only two votes and therefore failed;and the effect of the
failure to obtain a majority vote is a denial of the motion, and
WHEREAS,on March 14,2005,the Board again considered the District's request and,after
further review, the Board now deems it advisable to consent to the enforcement by the District of
the 2003 International Fire Code,with certain amendments set forth in said resolutions,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 Western Hills Fire Protection
District of the 2003 International Fire Code,with certain amendments set forth in its resolution and
minutes dated October 18, 2004.
2005-0928
SD0083
CO ; PL, CA-, W r uosoc`Sal/ ®3-02 —as
CONSENT TO ENFORCEMENT OF 2003 INTERNATIONAL FIRE CODE - WINDSOR-
SEVERANCE FIRE PROTECTION DISTRICT
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 14th day of March, A.D., 2005.
j` ♦ BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
41144
William H. Jerke, Chairman
Weld.'•0u< ' Clerk to the Board
EXCUSED
BY: .S;41‘,/
M. J eile, Pro-Tern
!��
Deputy Cler)& t B
Day' E. Lon
R ED O . •
Robe D. Mas en
County Attorney
EXCUSED
Glenn Vaad
Date of signature: 4(
2005-0928
SD0083
Windsor-Severance
Fire Protection District
October 15, 2004
Weld County Board of County Commissioners ' M
C/O Bruce Barker, County Attorney vat
915 10th Street OCT 8
tun
Greeley, Co 80632 WELD co
ATTpRNc r S OFFICE
Bruce Barker,
On October 14, 2004 the Board of Directors of the Windsor-Severance Fire
Protection District adopted the International Fire Code,2003 edition, 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 Windsor-Severance Fire Protection
District located within 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 Windsor-Severance 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 Windsor-
Severance Fire Protection District.
I would appreciate it if you would place this on the agenda for action by the Board
of County Commissioners. Please notify me of the date and time that this is set for. Upon,
resolution it would be appreciated if a copy of the Resolution be forwarded to me.
If you have any questions or need anything further please do not hesitate to give
me a call.
Cordially,
tocar,-
Captain, Mike L Davis ,t 3 c>5
Fire Prevention Division
ph 970.686.9596 • fx 970.686.9623 • 100 7th Street • Windsor,Colorado 80550 • www.windsor-severancerre.org
2005-0928
14 Windsor-Severance
Fire Protection District
President,Tom Buxmann, called the regular meeting of the Windsor-Severance Fire Protection District
to order October 14,2004 at 7:10 p.m. at 100 7th Street,Windsor. Board members present were Tom
Buxmann,Men Koehler,Bob Starck, and Jim Barrington. Arlen Koehler moved and Jim Barrington
seconded to excuse Director,Ed Fagler. Motion unanimously carried.
Also present were Jerry Ward and Jolene Schneider.
Jim Barrington moved and Arlen Koehler seconded to approve the minutes from the September 16, 2004
regular meeting. Buxmann—yea,Barrington—yea, Starck—yea, Koehler—yea. Motion unanimously
carried.
Treasurer's Report: Financial Statements were reviewed and bills presented for payment. Arlen
Koehler moved and Bob Starck seconded to pay the bills as presented. Barrington—yea, Starck—yea,
Koehler—yea,Buxmann—yea. Motion unanimously carried.
Communications: None
Public Participation:None
•
Old Business:
•
Personnel Handbook: Jolene stated the update is still in process.
Staff Car Replacement: Jerry stated a 2005 Chevy Tahoe is on order through Champion. We received
the price through state bid and the price came to$31,756.
Other Old Business:
REA Property for Station 3: Jerry stated that the talks were going pretty well with REA property. We
had a meeting with REA and WSFPD representatives and each agencies; legal counsel. After the
meeting REA said they would sell the land to us for$350,000. After discussion,the board advised Jerry
to contact Miles at REA and let them know that we will continue to look for property in that area due to
the cost of the land they are asking.
New Business:
Proposed 2005 Budget: Jolene went over the proposed budget and gave the board members updated
information as a result from the October 11 budget work session. Jolene explained the scenario
information and asked for guidance on which options they prefer so that she can continue to work
through the final numbers and budget. The board agreed to put figures into the budget to reflect a part-
time administrative person for six months then convert that position to a full-time for the last six months
of 2005. Employee insurance costs continue to be a concern for the board. The consensus was that the
employee should start to absorb the increasing costs of child, family and spouse on our policy until the
cost is split 50/50 between the District and the employee. The Directors feel that the District cannot
ph 970.686.9596 • Cz 970.686.9623 100 7th Street • Windsor,Colorado 80550 • www.windsor-severancefire.org
continue to pay 80%of the dependent costs any longer and felt this was a compromise that wouldn't
drastically affect the employee financially but gradually. Other than those few concerns Jim Barrington
moved and Bob Starck seconded to accept that proposed budget. Starck—yea,Koehler—yea, Buxmann
—yea,Barrington—yea. Motion unanimously carried.
Other New Business:
Jolene let the Director know that our Flu Shot Clinic was still being held on Tuesday,October 19 from
3-6 pm;however,the clinic personnel is advising us that they will be following the CDC guidelines that
asked that only the elderly,the young and the high risk people get the shot since the vaccine is so
limited. Jolene stated we have been inundated with calls from the public looking for the vaccine so we
anticipate having a lot of people here on Tuesday.
Action Items:
Resolution 2004-5 Adoption of the 2003 International Fire Code: Arlen Koehler moved and Bob Starck
seconded to accept the second reading of the 2003 International Fire Code,to accept Resolution 2004-5
as presented and for the 2003 IFC to become effective immediately upon vote. Koehler—yea,
Buxmann—yea,Barrington—yea, Starck—yea. Motion unanimously carried.
2005 Snow Removal Bids: Jolene presented the board with a list of the companies that submitted bids
and what the hourly rates were. After some discussion,Jim Barrington moved and Arlen Koehler
seconded to accept the snow removal bid from Star Builders in Windsor. Buxmann—yea, Barrington—
yea, Starck—yea,Koehler—yea. Motion unanimously carried.
Fire Chief's Report:
Jerry handed out and went over our response times showing response time recap,incidents by day of the
week and incidents by time of the day.
Jerry also handed out a summary sheet from the Engine Specification Committee and reviewed the
information with the board. Jerry wanted to know if the board would consider getting the top one or two
dealers around the table, showing them our specs and negotiating the price to fall within our budget.
Jerry stated we do not have to go out to bid even though that is that procedure we have following in the
past. The board discussed the pros and cons of this process. Jim Barrington moved and Bob Starck
seconded to accept Jerry's and the Engine Committee's recommendation to negotiate the price with the
stipulation we cannot negotiate a price within budget then we go out for bids. Buxmann—yea,
Barrington—yea, Starck—yea,Koehler—yea. Motion unanimously carried.
Staff Reports:Nothing further to add.
Adjournment: Arlen Koehler moved and Jim Barrington seconded to adjourn the meeting at 8:55 p.m.
Barrington—yea, Starck—yea,Koehler--yea,Buxmann—yea. Motion unanimously carried.
Respectfully Submitted,
Robert G. Starck
Secretary
Next Meeting: Thursday,November 18 at 7:00 for Pension and 7:30 p.m.regular board
FIRE CODE
RESOLUTION 2004-5
WINDSOR-SEVERANCE 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 Windsor-Severance 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 Windsor-Severance 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 Windsor-Severance 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/Larimer Counties shall be on the date of
approval by the Boards of County Commissioners in and for the Counties of Weld/Larimer State
of Colorado. This Code shall be in effect within the territorial limits of the Windsor-Severance
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 Windsor-Severance 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 Windsor-Severance 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 Windsor-Severance 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 Windsor-
Severance 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 counties, 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/Larimer
County Building Code, Town of Windsor/Severance 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/Larimer 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;
3
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
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.
4
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
c. Performed in conjunction with the construction of new structures, buildings, and
improvements.
d. Fees for such items shall be assessed per the Windsor-Severance 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-Fire Protection Systems:
Chapter 9, Section 903.1 is amended to include and read as follows:
An automatic sprinkler system shall be Installed in the occupancies and locations, as set
forth in this Section 903, or in any Commercial or Industrial building where the floor area
exceeds 5000 square feet.
For purposes of this Section 903, the term "floor area" shall have the same meaning as
set forth in the International Building Code, 2003 edition.
The floor area of any portion of a basement having a ceiling height of eighty inches or
greater shall be included in the calculation of the floor area of the building.
The requirement for the installation of automatic sprinkler systems shall not apply to floor
area expansions of existing buildings where the cumulative floor area of all such
expansions does not exceed twenty-five percent (25%) of the floor area of the building as
it was permitted on the day this adoption is signed.
For buildings permitted after this adoption is signed, the installation of automatic sprinkler
systems shall apply when the floor area exceeds 5000 square feet, regardless of the
cumulative floor area expansion.
Exception: This Section 903.1 shall not be applicable to Group R, Division 3
Occupancies.
5
Subsection-7-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-8-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 Windsor or Severance shall be governed by any and all Town
ordinances. Outside the Town limits, this shall be governed by either Larimer/Weld
County standards or the 2003 International Fire Code.
Subsection-10-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'.
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.
6
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.
S u bsectIo n-1 1-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 '/I" ports and one 4 '/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 4 %1 port facing the
roadway.
Section IX: Validity and Conflict:
The Board of Directors of the Windsor-Severance 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
Windsor-Severance 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 Windsor-Severance Fire
Protection District Board of Directors, that no provision of this resolution or the code or
7
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/Larimer Counties from and after its approval as set forth
in §32-1-1002(1)(d) C.R.S.
Adopted this /9+S day of Cc-tob.eC , 2004.
WINDSOR-SEVERANCE PROTEEECTION DISTRICT
By FIR r a;; . �/
resident of the B rd
ATTEST:
By_ /j
Secretary of the Board�(
8
•
wee WELD COUNTY ATTORNEY'S OFFICE
915 TENTH STREET
P.O. BOX 758
GREELEY,CO 80632
I WEBS
www.co.weld.co.us
O PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO October 28, 2004
Mike Davis,Inspector
Windsor-Severance Fire Protection Dist.
100 7th Street
Windsor, CO 80550
Re: Consent to Enforcement of the 2003
International Fire Code in the
Unincorporated Area of the Windsor-
Severance Fire Protection District
Dear Mike:
Enclosed is a copy of the proposed resolution for the Board of County Commissioners to consent
to the Windsor-Severance Fire Protection District's enforcement of the 2003 International Fire
Code in the unincorporated area of the District. The matter is set for the Board to consider on its
Monday, November 5, 2004,meeting, which will take place at 9:00 a.m. in the Board's First
Floor Meeting Room, 915 10th Street, Greeley, Colorado.
As I stated in the voice-mail message I left for you today,the Board has been consistent in asking
the fire protection districts to make sure there has been adequate notice to the property owners
within the districts of the adoption of fire codes. The Board has accepted affidavits of
publication of notices of the meetings of the district boards when the codes were adopted. Please
send to me a copy of such an affidavit for the Windsor-Severance FPD Board of Directors'
meeting of October 14, 2004.
If you have any questions or comments,please call me at (970) 356-4000, ext. 4390.
Si9etel
nice T. Barker
Weld County Attorney
Enc.
pc: Clerk to the Board
Monica Mika
TOWN OF WINDSOR
RESOLUTION NO. 2004- 77
BEING A RESOLUTION DECLARING THE APPLICABILITY OF CERTAIN
PROVISIONS OF THE 2003 INTERNATIONAL FIRE CODE AND 2003
INTERNATIONAL FIRE CODE STANDARDS FOR THOSE PORTIONS OF THE TOWN
WITHIN THE BOUNDARIES OF THE WINDSOR-SEVERANCE FIRE PROTECTION
DISTRICT
WHEREAS, the Board of Directors of the Windsor-Severance Fire Protection District have
adopted certain provisions of the 2003 International Fire Code and 2003 International Fire Code
Standards;and
WHEREAS, a substantial portion of the Town is included within the Windsor-Severance
Fire Protection District;and
WHEREAS,the Town has reviewed those portions of the 2003 International Fire Code and
2003 International Fire Code Standards adopted by the Windsor-Severance Fire Protection District
and, pursuant to Section 32-1-1002(1)(d), C.R.S., desires to declare the applicability thereof to
those portions of the Town lying within the boundaries of the Windsor-Severance Fire Protection
District;
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE TOWN BOARD OF THE
TOWN OF WINDSOR, COLORADO,AS FOLLOWS:
1. That the Town acknowledges that the Windsor-Severance Fire Protection District
has adopted certain provisions of the 2003 International Fire Code and 2003 International Fire
Code Standards.
2. That the Town Board hereby finds and determines that the best interests of the
citizens of the Town of Windsor will be served by making those provisions of the 2003
International Fire Code and 2003 International Fire Code Standards adopted by the Windsor-
Severance Fire Protection District effective in those portions of the Town lying within the
boundaries of the Windsor-Severance Fire Protection District, and by this Resolution the Town
Board declares such applicability.
3. That the Town Clerk is hereby directed to provide a copy of this Resolution to the
Board of Directors of the Windsor-Severance Fire Protection District, acknowledging the action
of the Town Board as aforesaid.
Upon motion duly made, seconded and carved, the foregoing Resolution was adopted this
25th day of October,2004.
TOWN OF WINDSOR, COLORADO
By. j°�.r„
Mayor
. r.
` u' 'n//n,;,:
ATTES rt
I
Town Clerk
000
O
cotiL TO
All Builders, Contractors, Developers
The Windsor-Severance Fire Protection District is in the process of adopting
the 2003 International Fire Code (IFCI.
The District is currently using the 1997 Uniform Fire Code. The Towns of
Windsor, Severance and the County of Weld have recently implemented the
2003 International Building Code (IBC). The County of Larimer is in the
process.
1.,.. '
C
20(i 7003
The Windsor-Severance Fire Protection District intends to implement the new
2003 International Fire Code (IFC) in late fall of 2004.
Please contact Fire Inspector Mike Davis if you have any concerns or questions at
970-686-9596 ext.305
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a(it OFFICE OF THE COUNTY COMMISSIONERS
915 10`" STREET
P.O. BOX 758
GREELEY, COLORADO 80632
WEBSITE:www.co.weld.co.us
C. PHONE: (970) F3S6-4000, EXT.AX: (970) 352 0242
COLORADO
February 28 , 2005
Jerry Ward, Fire Chief.
Windsor-Severance Fire Protection Dist.
100 7th Street
Windsor, CO 80550
Re: Consent to Enforcement of 2003 International Fire Code, as Amended, in Unincorporated
Area of Windsor-Severance Fire Protection District
Dear Chief Ward:
On Monday, March 14, 2005, the Board of County Commissioners of Weld County will again
consider the matter of consenting to the enforcement of the 2003 International Fire Code("IFC"),
as amended, in unincorporated area of Windsor-Severance Fire Protection District.
As was discussed in our meeting on Tuesday, December 7, 2004, the Board understands that the
District is committed to being flexible in applying the provisions of the IFC during the District's
review of land use proposals in the unincorporated area. Such flexibility will include the use of
"compliance agreements." "Compliance agreements" are authorized by Section IV, Subsection 3
of the District's Resolution 2004-5, adopted October 14, 2004. The Board requests that owners
of properties located within the unincorporated area be notified at the start of your discussions of
the availability of the "compliance agreement"process if they are having a difficult time
accommodating the District's IFC requirements. The Board is concerned that many property
owners may not be aware of the of this process. They may benefit from having the opportunity to
propose the use of such"compliance agreements" for their situations.
The Board also requests that owners of properties located within the unincorporated area who are
the subject of violation enforcement actions be made aware of the appeal provisions set forth in
Section IV, Subsection 4 of the District's Resolution 2004-5. Although the"Notice of Violation
or Hazard" and the"Order for Immediate Correction of Hazard"will contain notification of the
right to appeal, many property owners may be unaware of the procedures and rights which are
stated in Subsection 4.
Letter, Chief Jerry Ward
February 28, 2005
Page 2
Because the Board of County Commissioners feels strongly about these issues,please be advised
that any consent by the Board to the enforcement of the IFC in the unincorporated area of the
District will be conditioned upon the above-mentioned notification and the District's continued
commitment to flexibility.
The Board looks forward to considering the District's request for consent on March 7, 2005.
If you should have any questions regarding this letter,please contact Bruce T. Barker, Weld
County Attorney, at (970) 356-4000, ext. 4390.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
OF WELD COUNTY, COLORADO
///vim
William H. Jerke, Chairman
pc: Monica Mika
'r Windsor-Severance
ask Fire Protection District
March 1, 2005
Bruce Barker D iE (,a M
Weld County Attorney �'1
915 Tenth Street
P.O. Box 758 02
Greeley, Colorado 80632 WELD COUNTY
ATTORNEY'S OFFICE
Dear Bruce,
This letter is in response to the Board of County Commissioners letter dated February 28,
2005 as it relates to the consent to the enforcement of the 2003 International Fire Code as
amended, in the unincorporated area of the Windsor-Severance Fire Protection District
boundaries.
I want to say that we understand and agree that it is essential to have"Flexibility"with
the enforcement of the fire code. This is the reason that the "Compliance Agreements"
section is written into the code adoption. I also want to reassure the Board that we do
inform the business owners that they have the right to appeal the code requirement if they
feel that it is being interpreted incorrectly and we also outline the course of action as it
relates to the appeals process.
I think it important that I point out that with the adoption of the 2003 International Fire
Code, the authority to enforce is provided to the Fire Code Official (the Fire Chief or his
appointee). I am providing the exact verbiage from the 2003 International Fire Code only
for your benefit.
SECTION 103
DEPARTMENT OF FIRE PREVENTION
103.1 General. The department of fire prevention is established within the jurisdiction
under the direction of the fire code official. The function of the department shall be the
implementation, administration and enforcement of the provisions of this code.
103.2 Appointment. The fire code official shall be appointed by the chief appointing
authority of the jurisdiction; and the fire code official shall not be removed from office
except for cause and after full opportunity to be heard on specific and relevant charges by
and before the appointing authority.
SECTION 104
GENERAL AUTHORITY AND RESPONSIBILITIES
104.1 General. The fire code official is hereby authorized to enforce the provisions of
this code and shall have the authority to render interpretations of this code, and to adopt
policies,procedures, rules and regulations in order to clarify the application of its
provisions. Such interpretations, policies,procedures, rules and regulations shall be in
ph 970.686.9596 • fx 970.686.9623 • 100 7th Street • Windsor,Colorado 80550 • www.windsor-severancefire.org
compliance with the intent and purpose of this code and shall not have the effect of
waiving requirements specifically provided for in this code.
With the responsibility resting squarely on the District's Fire Chief we ask only that he is
given the opportunity to address each and every problem that may be brought forward
from a citizen. Therefore it is important to stress to the Commissioners that if they are
approached by citizens that may have a concern about a code issue, that the
Commissioners direct them back to the Fire District so we have the opportunity to work
with the citizen in addressing issues. This request corresponds with a memo recently sent
to Monica Mika by Chief Ward.
Thank you for your time and efforts with this very important matter.
Cordially,
Captain Mike L Davis
Fire Prevention Division
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