HomeMy WebLinkAbout20053073.tiff RESOLUTION
RE: CONSENT TO THE ENFORCEMENT BY THE FORT LUPTON 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 Fort Lupton 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 Fort Lupton 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.
2005-3073
SD0022
co : C4, PL., P-LV . // -cam ��-
RE: RESO, CONSENT TO ENFORCEMENT OF 2003 INTERNATIONAL FIRE CODE, WITH
AMENDMENTS, FORT LUPTON FIRE PROTECTION DISTRICT WITHIN THE DISTRICT'S
UNINCORPORATED PORTIONS OF WELD COUNTY
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 17th day of October, A.D., 2005.
/,, BOARD OF COUNTY COMMISSIONERS
, WELD COUNTY, COLORADO
ATTEST: 114/ �,► i�;/����
illiam H. J e, Chairman
Weld County Clerk to the '
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2005-3073
SD0022
ORDINANCE NO. 2005-850
INTRODUCED BY: FRED PATTERSON
An Ordinance adopting the 2003 edition of the International Fire Code, regulating and
governing the safe guarding of life and property from fire and explosion hazards arising
from storage, handling and use of hazardous substances, materials and devices, from
conditions hazardous to life or property in the occupancy of buildings and premises in the
City of Fort Lupton; providing for issuance of permits and collection of fees therefore:
repealing the 1997 Uniform Fire Code of the City of Fort Lupton and all other ordinances
and parts of the ordinances in conflict therewith
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
LUPTON, COLORADO THAT THE ENUMERATED SECTIONS OF THE
MUNICIPAL CODE OF THE CITY OF FORT LUPTON, COLORADO ARE
REVISED AS FOLLOWS:
PART 1.
SECTION 18-131. Adoption. That a certain document, three (3) copies of which are on file in the
office of the City Clerk of the City of Fort Lupton, being marked and designated as the
International Fire Code, 2003 edition, including Appendix Chapters:
B - FIRE-FLOW REQUIREMENTS FOR BUILDINGS
C - FIRE HYDRANT LOCATIONS AND DISTRIBUTION
D - FIRE APPARATUS ACCESS ROADS
as published by the International Code Council, be and is hereby adopted as the Fire Code of the
City of Fort Lupton, in the State of Colorado regulating and governing the safeguarding of life and
property from fire and explosion hazards arising from the storage, handling and use of hazardous
substances, materials and devices, and from conditions hazardous to life or property in the
occupancy of building and premises as herein provided; providing for issuance and collection of
fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of
said Fire Code on file in the office at the City of Fort Lupton are hereby referred to adopted, and
made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and
changes, if any. prescribed in Section 18-137.
SECTIONS 18-132 and SECTION 18-133 are revised to refer to the International Fire Code in the
caption and text, instead of the Uniform Fire Code.
SECTIONS 18-134, 18-135, and 18-136 are repealed and reserved for future use.
SECTION 18-137 Amendments made to the International Fire Code. The following sections of
the fire code are hereby revised:
Section 101.1 Title. These regulations shall be known as the Fire Code of the City of Fort Lupton,
hereinafter referred to as "this code."
Section 109.3 Violation penalties. Persons who shall violate a provision of this code or who shall
fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work
in violation of the approved construction documents or directive of the fire code official, or of a
permit or certificate used under provisions of this code, shall be guilty of a misdemeanor,
punishable by a fine of not more than three hundred dollars (S300.00) or imprisonment not
exceeding ten (10) days, or both such fine and imprisonment. Each day that a violation continues
after due notice has been served shall be deemed a separate offense.
Section 111.4 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 for a fine of not less than three hundred dollars
($300.00) or more than five hundred dollars ($500.00).
CHAPTERS 27, 32, 34, AND 38 AND ALL OTHER PROVISIONS RELATIVE TO STORAGE OF
HAZARDOUS MATERIALS SHALL BE MODIFIED TO INCLUDE THE FOLLOWING NEW
PROVISIONS:
EXEMPTION FOR EXISTING FACILITIES. The prohibitions against storage of certain
hazardous materials will not apply to facilities lawfully storing materials prior to the effective
date hereof as provided in SECTION 8 of this Ordinance. This exemption shall apply only
to the current owners, and to the current and continuous use of such existing storage
facilities and shall not be transferable. Any modification of existing storage facilities shall
be reviewed and approved in advance by the Lupton Fire Protection District Fire Code
official.
NEW HAZARDOUS MATERIALS STORAGE FACILITIES. New hazardous storage
facilities shall only be allowed upon special storage permit granted by the Board of the Fort
Lupton Fire Protection District, after application and review, including recommendation of
the Fort Lupton Fire Protection District Fire Code official. In considering any such
application, the Board shall consider the economic benefits presented by an applicant
relative to capital investment and job creation or retention, as well as the potential safety
risk or hazard presented. In no event shall a new storage facility be permitted within three
hundred (300) feet of an existing residence.
CHAPTER 9 FIRE PROTECTION SYSTEMS shall be modified to include the following new
provision:
DEVELOPMENTS NOT SERVED BY PUBLIC WATER SYSTEM- REQUIREMENT FOR FIRE
EXTINGUISHING SYSTEMS. The extension or enlargement of a plated subdivision, or the
development of any plated but undeveloped subdivision, which is not served by a public water
system, shall require that each dwelling unit in such extension, enlargement, or development in a
previously undeveloped subdivision, shall have an automatic fire extinguishing system which has
been approved by the local Fire Code official.
CHAPTER I ADMINISTRATION and SECTION 105 shall be modified to include the following new
provision:
SPECIAL STORAGE PERMIT. The Fort Lupton Fire Protection District shall allow new
storage of hazardous materials within the boundaries of Fort Lupton Fire Protection District only
upon issuance of a special storage permit for each such new storage facility. Special storage
permits shall be issued only by The Board of the Fort Lupton Fire Protection District. All special
storage permits shall he issued pursuant to the procedures provided in Section 105.
SECTION 105 is amended to add a provision for special storage permits. There shall not
be either operational or construction permits pursuant to Section 105 or 105.1.2. All other
provisions of Section 105 are adopted as they may apply to the issuance and enforcement of
special storage permits.
Sections and Appendixes not adopted:
(Deleted here-Section 105 Permits - 1. Operational Permits
2.Construction Permits).
Section 1101 through 1107— Aviation Facilities
Section 2210— Marine Motor Fuel — Dispensing Facilities
Appendix A—Board of Appeals
Appendix E — Hazard Categories
Appendix F - Hazard Ranking
Appendix G — Cryogenic Fluids -- Weight and Volume Equivalents
SECTION 18-138 Geographic Limits. The geographic limits referred to in certain sections of the
2003 International Fire Code are hereby established as follows:
Section 3204.3.1.1 The storage of flammable cryogenic fluids in stationary containers is prohibited
within the boundaries of the Fort Lupton Fire Protection District, including all areas within the City
limits of the City of Fort Lupton except that such storage may be allowed by special storage permit
by the Fort Lupton Fire Protection District.
Section 3404.2.9.5 The storage of Class I and Class II liquids in above ground tanks outside of
buildings is prohibited within the City limits of the City of Fort Lupton, except for previously existing
storage facilities which shall be subject to the exemption provided for herein. New storage facilities
shall be allowed only upon special storage permit as provided for herein.
Section 3406.2.4.4 The storage of Class I and Class II liquids in above ground tanks is prohibited
within the City limits of the City of Fort Lupton, except for previously existing storage facilities which
shall be subject to the exemption provided for herein. New storage facilities shall be allowed only
upon special storage permit as provided for herein.
Section 3804.2 The storage of liquefied petroleum gas within the Fort Lupton Fire Protection
District is prohibited except for previously existing storage facilities and except for residential
barbeque tank or outdoor barbeque grills and except for propane tanks of 1000 gallons or less
which are located within the Fire District, but outside the city limits of the City of Fort Lupton, all of
which shall he exempt. New storage facilities involving any tank which exceeds 1000 gallons shall
require the issuance of a special storage permit.
SECTION 18-139. Repeal. The 1997 Uniform Fire Code of the City of Fort Lupton and all other
references in conflict herewith are hereby repealed.
Sections 18-140 and 18-141 are repealed.
PART 2.
If any section, subsection. sentence, clause or phrase of this ordinance is. for any reason, held to
be unconstitutional, such decision shall not affect the validity of the remaining portions of this
ordinance. The City of Fort Lupton hereby declares that it would have passed this ordinance, and
each section, (except for sections and appendixes listed below), subsection, clause or phase
thereof, irrespective of the fact that any one or more sections, subsections. sentences clauses and
phrases be declared unconstitutional.
PART 3.
Nothing in this ordinance or in the Fire Code hereby adopted shall be construed to affect any suit
or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or
causes of action acquired or existing, under any act or ordinance hereby repealed herein, nor shall
any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
INTRODUCED, READ, PASSED, AND ORDERED PUBLISHED THIS 24TH DAY OF AUGUST
2005.
FINALLY READ BY TITLE ONLY, PASSED AND ORDERED PUBLISHED BY TITLE ONLY this
14th day of September 2005
EFFECTIVE (after publication) the 21 stday of October 2005
CITY OF FORT LUPTON, COLORADO
S. David Norcross, Mayor
APPROVED AS TO FORM ATTEST:
• a
. -t daft,6OA.a_,
T. William Wallace Barbara Rodgers
City Attorney City Clerk
Published in the Fort Lupton Press August 31, 2005
AM 2005-098
4
Page 1 of 1
John
From: "John R. Dent"<dentlaw@gwest.net>
To: <thchardson@ftluptonfire.com>
Sent: Tuesday, August 09, 2005 12:59 PM
Subject: Re: Uniform Fire Code
August 9, 2005
Larry:
I did talk to Jim Sidebottom relative to the Uniform Fire Code. According to Jim,we do not
need to do anything at this point to revise the draft we provided to them. Bill Wallace is going to have
to put our ordinance we adopted into the City's format for review by the City and passage. When
Wallace puts it in the City's format, he will make the minor revision on page 2,which the council
wanted and then after they have approved it in the revised format,they will provide it to us and if we
choose to,we can amend our adopted ordinance to match theirs exactly.
Sidebottom said they are only going to change a couple of words in that paragraph regarding the
exemption for existing facilities. Their intention being simply to prevent someone who had historically
had a grandfathered use, but who hadn't been actively using it for any significant period of time, from
coming back later and saying they were grandfathered. In other words,if somebody had historically had
a use that would be grandfathered but they quit using their property,they could not revive that historical
use. I don't have a problem with that.
So, at this point, I don't think we need to take any action at all and we can simply wait until they
proceed to approve it and return it to us.
John
8/9/2005
John R. Dent, P.C.
ATTORNEY AT LAW
332 Denver Avenue
Fort Lupton, Colorado 80621
Tel: 303-857-4667 Fax: 303-857-2467 dentlaw@qwest.net
I , _
September 30, 2005
Mr. Bill Jerke, Chairman
Weld County Board of Commissioners
P.O. Box 758
Greeley, CO 80631
Re: Fort Lupton Fire Protection District-Request for County Adoption of 2003
International Fire Code with Revisions
Dear Chairman Jerke:
In May of this year, the Fort Lupton Fire Protection District Board of Directors adopted the 2003
International Fire Code with revisions to apply to the territory within the Fort Lupton Fire Protection
District.The Fire Protection District then requested that the City of Fort Lupton adopt that same
resolution with respect to the 2003 International Fire Code with the same revisions, and on September 21,
2005,the City of Fort Lupton adopted the 2003 International Fire Code, making it applicable to all
territory within the city limits of the City of Fort Lupton.
In behalf of the Fort Lupton Fire Protection District, we would now request that the County adopt
the 2003 addition of the Uniform Fire Code with the revisions approved by the Fort Lupton Fire
Protection District and the City of Fort Lupton, making the 2003 International Fire Code applicable to the
County territory within the Fort Lupton Fire Protection District.
We enclose for your review the ordinance by which the City of Fort Lupton adopted the 2003
International Fire Code and are,by copy of this letter,also providing this letter and a copy of the Fort
Lupton adopting ordinance to the Weld County Building Department and the County Attorney's Office.
It would be appreciated if upon approval by the County, if you would provide us with a signed
copy of the resolution by which the County approves this adoption.
If any members of the Board or any County officials have questions, please feel free to contact
either the Fire Marshall or the attorney for the Fire Protection District. We thank you in advance for your
time and consideration.
Sincerely,
//a o
John R. Dent, Attorney for Fire
Protection District / �/
Larry ard�re Marshall
Enclosure: Copy of Fort Lupton Ordinance adopting 03 IFC
cc: Nona Schaeffer, Executive Secretary, Fire Protection District
Weld County Building Department
Weld County Attorney's Office
e3D 0 cz-t
John R. Dent, P.C.
ATTORNEY AT LAW
332 Denver Avenue
Fort Lupton, Colorado 80621
Tel: 303-857-4667 Fax: 303-857-2467 dentlaw@gwest.net
October 11, 2005 �3
v
Mr. Bruce T. Barker, Esq. '
Weld County Attorney OCT 1
P.O. Box 758 3 1005
Greeley, CO 80632
WELD COUNTY
ATTORNEY' OFF
Re: Response to October 6th Letter Relative to Fort Lupton Fire 'ro e . - w
Adoption of 2003 International Fire Code-Information as to Notice of Meetings
Relative to Fire District and City Adoption of'03 International Fire Code
Dear Bruce:
Thank you for providing a copy of the draft Resolution for the County Commissioner's consideration
regarding the 2003 International Fire Code. The Fire District appreciates that the Board of Commissioners
will consider the Resolution on October 17th.
You requested information relative to notice given by the Fire District for the City of Fort Lupton
regarding the adoption of the Fire Code. Enclosed with this letter please find a copy of the Fire District's
agenda from the May 26, 2005 Regular Meeting which under item 8b 1, on page 2, specifically references
the 2003 International Fire Code. The agenda's for the Fire Protection District are routinely published in the
Fort Lupton Press,the Wednesday preceding a Thursday meeting.
Also, please note that the City of Fort Lupton, as indicated in their Resolution, introduced, read,
passed and ordered the publication of the proposed Resolution on August 24, 2005,then work shopped the
Resolution on September 14, 2005 and passed the Resolution after publication with a minor revision on
September 21st. The City's Resolution also provides that a Resolution was published in the Fort Lupton
Press August 31, 2005. The City of Fort Lupton agendas are also published in the Fort Lupton Press.
Finally, Fort Lupton Fire Protection District will publish the full Resolution yet again after the
County's approval by Resolution and we can provide you with proof of that publication as well if you should
so desire.
Consequently, we believe that there has been abundant and continuing notification to the citizens of
the Fort Lupton Fire Protection District with regard to the adoption of the 2003 International Fire Code that
will be supplemented by a final publication of the full Resolution after approval by Resolution by the
County.
If you would pass this information along to the Commissioners., it would be appreciated.
Sin el
John R. Dent
Attorney for Fort Lupton Fire Protection
District
cc: Bruce Barker via e-mail: bbarkerduco.weld.co.us
Ft. Lu•ton
�� - A 3o4" Y i ton e4-A �t/dfec/cdn 1t 4,-,/ishn/�\` 1121 DENVER AVE. EMERGENCY 911
4 • FT. LUPTON, CO 80621 OFFICE 303-857-4603
'c/RE DEPS
FORT LUPTON FIRE PROTECTION DISTRICT
DISTRICT BOARD MEETING
May 26, 2005
7:30 P.M.
1. Call to Order
2. Roll Call:
Larry Leinweber Mark Davis Don Patton
Chuck Rankin Frank Brozovich
3. Consideration of items to be added to the agenda and/or to the published agenda
4. Approval of the Minutes of April 28, 2005
5. Ratification of bills for April 2005
a. Ratify $2,000 for purchase of pager(s)
b. Approval of interest payment on bond in amount of$132,083.75 plus $75 base fee
for a total of$132,158.75 due 6/1/05
c. Approval of payment on lease/purchase of radios to Wells Fargo $56,496.59 due
14/05
�,7t/
Gl. e75-5.
6. Old Business:
a. New fire station
1. Status of punch list items J 2. Camera 3. ---2r �� Wittrif4 ��/f //'e'4�'Jd��
l 4/ i / �/
4. Sound system in auditorium r0�t �, /95 �zp v
h. Personnel Manual Amendments/Approval Signatures
c. SDA workshop Ft. Collins 6/15/05
d. Weld County Amhulance service agreement
7. N'e. Business:
a. Quarterly Revenue/Expense Report
h. Ratify 2004 Audit Report
c. DOLA vorkshop 6/17N05 =t Morgan
d. Azrloy ee /x`4-0, 'Py (4-vdc `C)
rie z (lfeelive' "elirnifle lio r (1 jets areii
Agenda May 26, 2005
8. Reports:
a. Fire Chief
1. Shift Program
2. Training Captain
3. Executive session for personnel issues
4, X5O . v#/ 5', Tha-s. ,e ,
b. Fire Marshal:
1. 2003 International Fire Code
2. Siren Country Day Estates
c. Maintenance
d. Board President:
9. Other& Visitors:
a. Steering Committee June 7th, 12:00 p.m. Branding Iron
b.
10. Adjournment
r
ite a WELD COUNTY ATTORNEY'S OFFICE
i 915 TENTH STREET
�Ti, P.O. BOX 758
GREELEY, CO 80632
WEBSITE: www.co.weld.co.us
Wilk PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
October 6, 2005
John R. Dent, Esq.
332 Denver Ave.
Fort Lupton, CO 80621
Re: Enforcement of 2003 International Fire
Code, as Amended, in the Unincorporated
Weld County Area of the Fort Lupton Fire
Protection District
Dear John:
Enclosed is a copy of a draft Resolution for consideration by the Board of County
Commissioners of Weld County concerning your request for the Board's consent to the
enforcement of 2003 International Fire Code, as amended, in the unincorporated Weld County
area of the Fort Lupton Fire Protection District ("the District").
The Board will consider the request on Monday, October 17, 2005, at its regular Board meeting
at 9:00 a.m. The meeting will take place in the Board's first floor meeting room, 915 10`h Street,
Greeley, Colorado.
The Board of County Commissioners likes to see that the fire district provided some notice to the
public of the meetings where the district adopted the amended Code. Please provide me with
copies of any notices or certifications of notices of such meetings.
Please feel free to call me at (970) 356-4000, est. 4390, to discuss the matter further.
Seerely,
r z
Bruce T. Barker 2------ -
Weld County Attorney
Enclosures
pc: Roger Vigil
5O002l-
2005-3073
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