HomeMy WebLinkAbout20042558 RESOLUTION
RE: CONSENT TO THE ENFORCEMENT BY THE MILLIKEN 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 Milliken Fire Protection District ("the District") has presented a
resolution, dated May 13, 2004, adopting and promising to enforce the 2003 International Fire
Code, with certain amendments set forth in said resolution and in subsequent resolution and
minutes, 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
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 Milliken Fire
Protection District of the 2003 International Fire Code, with certain amendments set forth in its
resolution and minutes dated May 13, 2004.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 25th day of August, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
,� Al //�n , i / WE COUNTY, COLORADO
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fatat:, � lam////// Q* �a �V °'�£ jgj Robert D. Masden, Chairman
z},an nif k to the Board
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®q ; t,fik o! / William H. J e, Pro-Tem
..�, -.�#�idr/a_ Lia.akes
�eputy Clerk to the Board
M. J. ile�
APP D AS TO F
David E. Long
unt9 At rney
EXCUSED
Glenn Vaad
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SD0065
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TO: Roger Vigil; Monica Mika
FROM: Bruce T. Barker, Weld County Attorney
W 'De DATE: August 10, 2004
RE: Request by Milliken Fire Protection District to Consent to
COLORADO Enforcement of 2003 International Fire Code in
Unincorporated Portions of District
Attached are copies of documents I received from Dean Prather, Fire Prevention Officer of the
Milliken Fire Protection District ("the District"). The District has adopted the 2003 International
Fire Code("IFC Code"), with amendments. The amendments are found in the District Board's
resolution, a copy of which is attached.
The District has asked the Board of County Commissioners to consent to the enforcement of the
2003 IFC Code in the unincorporated area of the District. Such consent is pursuant to C.R.S. §
32-1-1002(1)(d). I have put the matter on the Board's August 25, 2004, agenda for
consideration. Attached is a proposed resolution for the Board members' signatures.
Please review the attached and let me know by August 23, 2004, if you see any conflicts with our
building or zoning regulations.
Please feel free to let me know if you have any questions regarding this Memorandum. I maybe
reached at ext. 4390.
`-- ,
ce T. Barker
eld County Attorney
Attachments
pc: Clerk to the Board
2004-2558
MILLIKEN FIRE
s' PROTECTION DISTRICT
pt. 101 S.IiE1'ff
FfLU1 E1Y CO 80;43
9AY5»7waga
FIRE PREVENTION BVRFAV
To Bruce Barker July 29, 2004
Re: Milliken Fire Protection District- 2003 International Fire Code
Bruce, inclosed are the adoption papers as the 2003 International Fire Code has been adopted by
the District Board of Directors for the Milliken Fire Protection District with amendments. A
signed copy is not included as the Town of Milliken has those in their possession awaiting on
their approval for consent to enforce the fire code within the boundaries of the Town of Milliken.
Once we have received approval, I will forward a signed copy to you. Also included is an
amendment to the resolution as the date of the Colorado Statutes were incorrect on the adoption
papers.
Additional inclosures:
Copy of the minutes for the meeting of the Board of Directors adopting the 2003 International
Fire Code.
Affidavit of Publication from the Johnstown Breeze
Affidavit from the Greeley Tribune
As per our phone conversation, I believe the hold up with approval from the Town was that they
thought we were asking the Town to adopt the Code. It has been communicated that we are only
asking for the consent to enforce within their boundaries, as we do in the unincorporated areas of
Weld County,that are within the boundaries of the Fire District. We are tentatively scheduled to
be heard at the Town Board meeting on Aug. 11, 2004. I will keep you up to date on this process
so we may be heard by the County Commissioners as soon as possible after we receive approval
from the Town of Milliken. If you have any questions or concerns, please contact me at 970-
587-4464.
Thank you.
Dean Prather
Fire Prevention Officer
Milliken Fire Protection District
MILLIKEN FIRE PROTECTION DISTRICT
A RESOLUTION OF THE MILLIKEN FIRE PROTECTION DISTRICT ADOPTING
THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE, 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 BUILDINGS AND
PREMISES IN THE MILLIKEN FIRE PROTECTION DISTRICT; PROVIDING FOR THE
ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; REPEALING
RESOLUTION OF THE MILLIKEN FIRE PROTECTION DISTRICT ADOPTING THE
UNIFORM FIRE CODE AND ALL OTHER RESOLUTIONS AND PARTS OF THE
RESOLUTIONS IN CONFLICT THEREWITH.
The District Board of Directors of the Milliken Fire Protection District does ordain as follows:
Section 1: Adoption of the International Fire Code
That a certain document, 3 copies of which is on file in the office of the Department of
Fire Prevention of the Milliken Fire Protection District, being marked and designated as the
International Fire Code, 2003 edition, including Appendix Chapters A, B, C, D, E, F, G, as
published by the International Code Council, be and is hereby adopted as the Fire Code of the
Milliken Fire Protection District, 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 buildings and premises as herein provided; providing for
the issuance of permits 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 of the Milliken
Fire Protection District are hereby referred to, adopted, and made a part hereof, as if fully set out
in this resolution, with the additions, insertions, deletions and changes, if any, prescribed in
Section 2 of this resolution.
Section 2: Amendments Made in the International Fire Code
1. Section 101.1 amended - Title.
Section 101.1 of the International Fire Code is amended to read as follows:
These regulations shall be known as the Fire Code of the Milliken Fire Protection
District, herein referred to as "this code."
2. Section 109.3 amended - Violation Penalties
Section 109.3 of the International Fire Code is amended to read as follows:
Persons who shall violate a provision of this code or shall fail to comply with any of the
requirements thereof or who shall erect, install, alter, repair or to 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 300 dollars or by imprisonment not exceeding 90
days, or both such fine and imprisonment. Each day that a violation continues after due
notice has been served shall be deemed a separate offence.
3. Section 111.4 amended - Failure to Comply.
Section 111.4 of the International Fire Code is amended to read as follows:
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 dollars or more than 250 dollars.
4. Section 3301.1.3 amended - Fireworks
Section 3301.1.3 of the International Fire Code is amended to read as follows:
The sale, purchase, possession and use of permissible fireworks shall be in accordance
with 1991 Colorado Revised Statues §12-28-101, et seq., as amended.
5. Section 3404.1.1 added - Storage Tanks.
Section 3404.1.1 of the International Fire Code is added to read as follows:
Section 3404.1.1 Storage Tanks
Storage tanks used for flammable and combustible liquids shall be no larger than allowed
by Colorado Department of Labor and Employment, Oil Inspection Section, Storage Tank
Regulations, 7 C.C.R. 1101-14.
6. Section 3406.3.1.3 amended- Buildings.
Section 3406.3.1.3 of the International Fire Code is amended to read as follows:
Wells shall not be drilled within 150 feet of buildings not necessary to the operation of
the well
7. Section 3406.3.1.3.1 amended - Group A, E, or I Buildings.
Section 3406.3.1.3.1 of the International Fire Code is amended to read as follows:
Wells shall not be drilled within 350 feet of buildings with an occupancy in Group A, E
or I.
8. Section 3406.3.1.3.2 amended - Existing Wells.
Section 3406.3.1.3.2 of the International Fire Code is amended to read as follows:
When wells are existing, buildings shall not be constructed within 150 feet of a well head.
Buildings in Group A, E, or 1 shall not be built within 350 feet of a separator unit or
production tanks, commonly referred to as tank batteries. Buildings in groups other than
Group A, E, or I shall not be built within 200 feet.
9 Section 109.2.5 added - Conflicts With State Requirements
Section 109.2.5 of the International Fire Code is added to read as follows:
Section 109.2.5 Conflicts with State Requirements
This section shall be interpreted to be consistent with the provisions of Colorado Revised
Statues 1973, § 32-1-1002 (3), as amended.
10. Section 105.6 Required operational permits.
105.6.1 Aerosol products. An operational permit is required to manufacture, store or
handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500
pounds (227 kg)net weight.
105.6.7 Combustible dust-producing operations. An operational permit is required to
operate a grain elevator, flour starch mill, feed mill, or a pulverizing aluminum, coal,
cocoa, magnesium, spices, sugar, or other operations producing combustible dusts as
defined in Chapter 2.
105.6.8 Combustible fibers. An operational permit is required for the storage and
handling of combustible fibers in quantities greater than 100 cubic feet.
Exception: A permit is not required for agricultural storage.
105.6.9 Compressed gases. An operational permit is required for the storage, use or
handling at normal temperature and pressure (NTP) of compressed gases in excess of to
amounts listed in Table 105.6.9.
Exception: Vehicles equipped for and using compressed gas as a fuel for
propelling the vehicle.
105.6.15 Explosives. An operational permit is required for the manufacture, storage,
handling, sale or use of any quantity of explosives, explosive material, fireworks, or
pyrotechnic special effects within the scope of Chapter 33.
105.6.17 Flammable and combustible liquids. An operational permit is required:
1. To use or operate a pipeline for the transportation within facilities of flammable
or combustible liquids. This requirement shall not apply to the off-site
transportation in pipelines regulated by the Department of Transportation (DOTn)
nor does it apply to piping systems.
2. To store, handle or use Class I liquids in excess of 5 gallons (19L) in a building
or in excess of 10 gallons (37.9L) outside of a building, except that a permit is not
required for the following:
2.1. The storage or use of Class I liquids in the fuel tank of a motor
vehicle, aircraft, motorboat, mobile power plant, or mobile heating plant,
unless such storage, in the opinion of the code official, would cause an
unsafe condition.
2.2. The storage or use of paints, oils, varnishes or similar flammable
mixtures when such liquids are stored for maintenance, painting or similar
purposes for a period of not more that 30 days.
3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons
(95L) in a building or in excess of 60 gallons (227L) outside a building, except for
fuel oil used in connection with oil-burning equipment.
4. To remove Class I or Class II liquids from an underground storage tank used for
fueling motor vehicles by any means other than the approved, stationary on-site
pumps normally used for the dispensing purposes.
5. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-
dispensing stations, refineries, distilleries and similar facilities where flammable
and combustible liquids are produced, processed, transported, stored, dispensed or
used.
6. To place temporarily out of service (for more than 90 days) an underground,
protected above-ground or above-ground flammable or combustible liquid tank.
7. To change the type of contents stored in a flammable or combustible liquid tank
to a material which poses a greater hazard than that for which the tank was
designed and constructed.
8. To manufacture, process, blend or refine flammable or combustible liquids.
9. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles
at commercial, industrial, governmental or manufacturing establishments.
10. To utilize a site for the dispensing of liquid fuels from tank vehicles into the
fuel tanks of motor vehicles at commercial, industrial, governmental, or
manufacturing establishments.
105.6.21 Hazardous materials. An operational permit is required to store, transport on
site, dispense, use or handle hazardous materials in excess of the amounts listed in Table
105.6.21.
105.6.23 High-piled storage. An operational permit is required to use a building or
portion thereof as a high-piled storage area exceeding 500 square feet (46m2).
105.6.26 Lumber yards and woodworking plants. An operational permit is required
for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft 3, 235
m3).
105.6.28 LP-gas. An operational permit is required for:
1. Storage and use of LP-gas.
Exception: A permit is not required for individual containers with a 500
gallon(1893L) water capacity or less serving occupancies in Group R-3.
2. Operation of cargo tankers that transport LP-gas.
105.6.31 Open burning. An operational permit is required for the kindling or
maintaining of an open fire or a fire on any public street, alley, road, or other public or
private ground. Instructions and stipulations of the permit shall be adhered to.
105.6.33 Open flames and candles. An operational permit is required to use open
flames or candles in connection with dining areas of restaurants or drinking
establishments.
105.6.37 Pyrotechnic special effects material. An operational permit is required for
use and handling of pyrotechnic special effect material.
105.6.42 Spraying or dipping. An operational permit is required to conduct a spraying
or dipping operation utilizing flammable or combustible liquids or the application of
combustible powders regulated by Chapter 15.
105.6.44 Temporary membrane structures, tents and canopies. An operational
permit is required to operate an air supported temporary membrane structure or a tent
having an area in excess of 200 square feet (19m2), or a canopy in excess of 400 square
feet(37m2).
Exceptions:
1. Tents used exclusively for recreational camping purposes.
2. Fabric canopies open on all sides which comply with all of the following:
2.1. Individual canopies having a maximum size of 700 square feet (65m2)
2.2. The aggregate area of multiple canopies places side by side without a
fire break clearance of not less than 12 feet(3658 mm) shall not exceed
700 square feet (65 m2)total.
2.3. A minimum clearance of 12 feet(3658mm) to structures and other
tents shall be provided.
105.6.47 Wood products. An operational permit is required to store chips, hogged
material, lumber or plywood in excess of 200 cubic feet (6m3).
11. Section 105.7 Required construction permits.
105.7.2 Compressed gases. When the compressed gasses in use or storage exceed the
amounts listed in Table 105.6.9, a construction permit is required to install, repair damage
to, abandon, remove, place temporarily out of service, or close or substantially modify a
compressed gas system.
Exceptions:
1. Routine maintenance.
2. For emergency repair work performed on an emergency basis, application for
permit shall be made within two working days of commencement of work.
The permit applicant shall apply for approval to close storage, use or handling
facilities at least 30 days prior to the termination of the storage, use or handling of
compressed or liquified gases. Such application shall include any change or
alteration of the facility closure plan filed pursuant to Section 2701.6.3. The 30-
day period is not applicable when approved based on special circumstances
requiring such waiver.
105.7.3 Fire alarm and detection systems and related equipment. A construction
permit is required for installation of or modification to fire alarm and detection systems
and related equipment. Maintenance performed in accordance with this code is not
considered a modification and does not require a permit
105.7.4 Fire pumps and related equipment. A construction permit is required for
installation or modification to fire pumps and related fuel tanks,jockey pumps,
controllers, and generators. Maintenance performed in accordance with this code is not
considered a modification and does not require a permit.
105.7.5 Flammable and combustible liquids. A construction permit is required:
1. To repair or modify a pipeline for the transportation of flammable or
combustible liquids.
2. To install, construct or alter tank vehicles, equipment,tanks, plants, terminals,
wells, fuel-dispensing stations, refineries, distilleries and similar facilities where
flammable and combustible liquids are produced, processed, transported, stored,
dispensed or used.
3. To install, alter, remove, abandon or otherwise dispose of a flammable or
combustible liquid tank.
105.7.6 Hazardous materials. A construction permit is required to install, repair
damage to, abandon, remove, place temporarily out of service, or close or substantially
modify a storage facility or other area regulated by Chapter 27 when the hazardous
materials in use or storage exceed the amounts listed in Table 105.6.21.
Exceptions:
1. Routine maintenance.
2. For emergency repair work performed on an emergency basis, application for
permit shall be made within two working days of commencement of work.
105.7.8 LP-gas. A construction permit is required for installation of or modification to
an LP-gas system.
105.7.10 Spraying or dipping. A construction permit is required to install or modify a
spray room, dip tank or booth.
105.7.11 Standpipe systems. A construction permit is required for the installation,
modification, or removal from service of a standpipe system. Maintenance performed in
accordance with this code is not considered a modification and does not require a permit.
105.7.12 Temporary membrane structures, tents and canopies. A construction
permit is required to erect an air supported temporary membrane structure or a tent having
an area in excess or 200 square feet(19m2), or a canopy in excess of 400 square feet
(37m2).
Exceptions:
1. Tents used exclusively for recreational camping purposes.
2. Funeral tents and curtains or extensions attached thereto, when used for funeral
services.
3. Fabric canopies and awnings open on all sides which comply with all of the
following:
3.1. Individual canopies shall have a maximum size of 700 square feet (65
m2).
3.2 The aggregate area of the multiple canopies placed side by side
without fire break clearances of not less than 12 feet (3658mm) shall not
exceed 700 square feet(65m2) total.
3.3 A minimum clearance of 12 feet(3658 mm)to structures and other
tents shall be maintained.
12. Section 103.1 amended- General.
Section 103.1 of the International Fire Code is amended to read as follows:
The Fire Prevention Bureau is established within the jurisdiction under the
direction of the fire code official. The function of the Bureau shall be the
implementation, administration and enforcement of the provisions of this code.
13. Section 405.10 added - Warning Sound Announcement.
Section 405.10 is added to the International Fire Code and reads as follows:
Within the first three (3) days of a new school year, an announcement shall be
made on the public address system of the school during normal operating hours.
This announcement shall state that the fire alarm system will now be activated so
all persons within the building will recognize the sound of the fire alarm system in
that facility. The alarm shall not be silenced until a minimum of twenty (20)
seconds has elapsed. At the end of the test session, the alarm system shall be reset
and an announcement on the public address system shall be made notifying all
persons within the facility that the test has been concluded.
Section 3. Establishment of Limits
1. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE
OF CLASS I AND CLASS II LIQUIDS IN ABOVEGROUND TANKS
OUTSIDE OF BUILDINGS IS PROHIBITED.
The limits referred to in Section 3404.2.9.5 of the International Fire Code in which the
storage of Class I and Class II liquids is restricted are hereby established as follows:
A. As addressed by any ordinance or zoning regulations adopted by the Town of
Milliken.
B. Any area within the unincorporated parts of Weld County within the Fire District
which are not zoned Industrial Districts or Agricultural as defined by the Weld
County Zoning Ordinance.
These provisions shall not be interpreted so as to conflict with the provisions of Colorado
Revised Statutes 1973, §8-20-101, et seq., as amended.
2. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE
OF CLASS I AND CLASS II LIQUIDS IN ABOVEGROUND TANKS IS
PROHIBITED.
The limits referred to in Section 3406.2.4.4 of the International Fire Code in which the
storage of Class I and Class II liquids is restricted are hereby established as follows:
A. As addressed by any ordinance or zoning regulations adopted by the Town of
Milliken.
B. Any area within the unincorporated parts of Weld County within the Fire District
which are not zoned Industrial Districts or Agricultural as defined by the Weld
County Zoning Ordinance.
These provisions shall not be interpreted so as to conflict with the provisions of Colorado
Revised Statues 1973, §8-20-101, et seq., as amended.
3. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE
OF LIQUIFIED PETROLEUM GAS IS RESTRICTED FOR THE
PROTECTION OF HEAVILY POPULATED OR CONGESTED AREAS.
The limits referred to in Section 3804.2 of the International Fire Code in which the
storage of Liquified Petroleum Gas is restricted are hereby established as follows:
A. As addressed by any ordinance or zoning regulations adopted by the Town of
Milliken.
B. As addressed by any ordinance or zoning regulations adopted by Weld County.
This provision shall not be interpreted so as to conflict with the provisions of Colorado
Revised Statues 1973, §8-20-101, et seq., as amended.
Section 4. Repeal of Conflicting Resolutions
All former resolutions enacted by the Milliken Fire Protection District or parts thereof
conflicting or inconsistent with the provisions of this resolution or of the Code of
Standards hereby adopted are hereby repealed.
Section 5. Validity
That if any section, subsection, sentence, clause or phrase of this resolution is, for any
reason, held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The District Board of Directors hereby declares that
it would have passed this resolution, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional.
Section 6. Proceedings.
That nothing in this ordinance or in the Fire Code hereby adopted shall be construed to
affect any suit or proceeding impending in any court, or any right acquired, or liability
incurred, or any cause or causes of action acquired or existing, under any act or resolution
repealed as cited in Section 2 of this resolution; nor shall any just or legal right or remedy
of any character be lost, impaired or affected by this resolution.
Section 7. Publication.
That the Bookkeeper of the Milliken Fire Protection District is hereby ordered and
directed to cause this resolution to be published one time in a local newspaper.
Section 8. Enforcement Procedures and Appeals.
1. The chief shall enforce this code and shall inspect or cause to be inspected all
buildings, structures,property, premises, and public places, except the interior of
any private dwelling, in accordance with the procedures ser forth in § 32-1-
1002(3), C.R.S.. All inspections shall be recorded in an inspection report.
2. A"Notice of Violation or Hazard" may be issued by the Chief or his designee
concerning violations or hazards which are not corrected on-site during an
inspection. Said Notice shall be signed by the inspector and contain, as a
minimum, the following information:
A. Date of inspection;
B. Name/address of premises inspected;
C. Name of inspector;
D. Nature of violations, including specific reference to
section/subsections of code;
E. Date of compliance/reinspection;
F. Suggested methods of correction, if applicable;
G. Right to appeal to Board
H. Consequences of failure to correct the violation
3. A. An "Order for Immediate Correction of Hazard"may be issued by the
Chief:
1. For failure to correct a violation or hazard within time specified in
a previously issued "Notice of Violation or Hazard; or
2. 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)(2), whether or not a Notice has been previously issued.
B. An Order shall be signed by the Chief or his designee and shall contain as
a minimum, the following information:
A. Date of issuance;
B. Name/address of premises inspected;
C. Nature of violation or hazard;
D. Time limit for correction;
E. Right to Appeal, if any, to the Board;
F. Penalties for violation of order;
G. Signature of the Chief or his designee;
H. Acknowledgment of receipt signed by owner, lessee, agent
or other responsible person.
4. An appeal of a Notice of Violation or Hazard may be made to the Board by
delivery to the Chief in writing a notice of appeal within five days of the issuance
of the Notice of Violation or Hazard. The appeal shall be heard at the next regular
or special meeting called for that purpose. The Board may affirm, rescind, or
modify the Notice and may enter into such enforcement agreements as it deems
proper.
5. An appeal of an Order for Immediate Correction of Hazard may be made to the
Board only if no previous appeal has been made of a previously issued Notice of
Violation or Hazard concerning the same violation or hazard. An appeal of an
Order must be in writing and filed with the Board within three days of issuance of
the Order.
6. The Board shall hear all such appeals and application for relief and render its
decision thereon in accordance with its bylaws, rules and regulations.
7. In the event no appeal is made to the Board pursuant to this code and resolution or
to the court pursuant to §32-1-1002(3), C.R.S., and compliance with the Order
and/or correction of the hazard has not occurred, the Board may, upon
recommendation by the Chief or upon its own motion, refer this matter to the
district attorney of the county in which the violation occurs.
8. An appeal shall suspend the time limits for compliance or correction of a fire
hazard or hazards, until the appeal is resolved for appeals of a Notice of Hazard
which is issued pursuant to Section VIII, paragraph 3(A)(1) herein. An appeal
shall not suspend the time limit for compliance or correction of life safety
deficiencies or violations. An appeal of an Order issued pursuant to Section VIII,
paragraph 3(A)(2)herein shall not suspend the limits for compliance or
correction, and compliance or correction shall be made or rendered forthwith,
unless the Order is suspended by the Board.
Section 9. Date of Effect.
That this resolution and the rules, regulations, provisions, requirements, orders and
matters established and adopted hereby shall take effect and be in full force and effect
within the incorporated municipalities and unincorporated portions of Weld County from
and after its approval as set forth in Colorado Revised Statutes 1973, § 32-1-1001 (1) (d)
APPROVALS:
Milliken Fire Protection District
Adopted this day of M 6M 200 q
Chaff erApn Secretary
Milliken Fire Protection District District Fire Protection District
Board of Directors Board of Directors
Town of Milliken
Approved this "'N day of , 200
/1Si'
ayor
Town of Milliken
Weld County
Approved this -C day of /, . , 200 ATTEST: iataleaala,44
wtl a.
��" .,�-� WELD COUCLERK T THE BOA*
Chairperson %flak. BY:
Weld County Board of County t��^' si ss A EPUTY CLER O THE BOARD
;, Milliken Fire Protection District
ri'" „"
'-'4:c7P.O. Box 41 • Milliken, Colorado 80543
' ' ct: �rl '� MIIIIken Staflon#1 101 Irene Street • MIIIIken, Colorado 80543
Milliken Station 82 • 4225 Yosemite • Greeley, Colorado 80634
Amendments to the 2003 Edition of the International Fire Code
Be it ordained by the Milliken Fire Protection District,
There is hereby amended the Resolution to adopt the 2003 International Fire Code to read
as follows:
Section 2, Number 4. The reference to the 1991 Colorado Revised Statutes §12-28-101, shall be
amended to read, 2004 Colorado Revised Statutes §12-28-101. et. seq., as
amended.
Section 2, Number 9. The reference to the 1973 Colorado Revised Statutes §32-101002 (3), shall
be amended to read, 2004 Colorado Revised Statutes §32-1-1002 (3), as
amended.
Section 3,Number 1. The reference to the 1973 Colorado Revised Statutes §8-20-101, shall be
amended to read, 2004 Colorado Revised Statutes §8-20-101, et seq., as
amended.
Section 3, Number 2. The reference to the 1973 Colorado Revised Statutes §8-20-101, shall be
amended to read, 2004 Colorado Revised Statutes §8-20-101, et seq., as
amended.
Section 3 Number 3. The reference to the 1973 Colorado Revised Statutes §8-20-101, shall be
amended to read, 2004 Colorado Revised Statutes §8-20-101, et seq., as
amended.
Section 9 The reference to the 1973 Colorado Revised Statutes §32-1-1001 (1) (d),
shall be amended to read, 2004 Colorado Revised Statutes §32-1-1001 (d).
Amendments approved by the Board of Directors, Milliken Fire Protection District this .iet' day
ofT4ue, 2004.
t‘"'L--- e.Lc-f
Gordon "J� ' Kil o Chairman Charles Ashbaugh, Secretary
g
ny
AFFIDAVIT OF PUBLICATION , 4``` Thursday, April 22,2004
THE JOHNSTOWN BREEZE 1 . r= y
STATE OF COLORADO ) � (�� c — ♦ LEGALS
sa a r' r , ..— submitted to each prop(
COUNTY OF WELD ) 4:',..- ing water service from ti
q, a� r6 NOTICE OF PUBLIC MEETING RE- dar stamped with the d
'+">7 d' 4r� r GARDING THE INTERNATIONAL FIRE nations of circle, diamd
I. Matt Lubich or Lesli Bangert,do solemnly i" t' 2-1 CODE that each property owns,
'' a service is informed ass,
swear that I am publisher of The Johnstown 4 i s' 8 :5' !', w ` ;I Public notice is hereby given that on which it is appropriate tc:
Breeze; that the same is a weekly newspaper ' ' ,44,1411,;',,,..4",,,;-.' ` May 13, 2004, at 7:00 p.m., at the Mil- Section 2. ORDINJI
in whole or in tk liken Fire Protection District Fire Station, 704 REMAINS IN EFFEL
printed, part, and published m .(,t ¢i� �4. 't 4. 101 South Irene, Milliken,CO,the Board as amended in this Orf
the County of Weld, State of Colorado, and ' ''t „ t. of Directors of the Milliken Fire Protection provisions of Ordinanclt
has a general circulation therein; that said ,.+'T;' ` k y1's 1•, District will conduct a public hearing for shall remain in kill force
;; f* , 5.,,� the purposes of receiving input on the Section 3. EMEF'
newspaper has been published continuously -i 3` adoption and the enforcement by the NANCE This Ordinanc'
and uninterruptedly in said County of Weld toy = �` District of the 2003 edition of the Interns- an emergency ordinanc.
a period of more than fifty-two consecutive boost Fire Code which regulates various water is immediately of
y activities and materials regarding fire usable by the public for
"eels prior In the first publication of the an- prevention and life safety and welfare. The Bo'
All interested persons who believe further finds that this Orc
nexed legal notice or advertisement; that said
< that they may be affected by the adop- sary for the immediate
newspaper has been admitted to the United Lion and enforcement of the International the public's health, we'o
Fire Code are invited to attend the meet- Accordingly, this Ordina&States mails as a second-class matter under the
ing to express either their support or effect as of 12:01 a m or
provisions of the Act of March 3, 1879,Oran
any opposition to the adoption and enforce- INTRODUCED, l-
ment of the International Fire Code. Any PROVED, AND ADO'amendments thereof, and that said newspaper
is a weekly newspaper dui qualified for pub- person unable to attend the meeting may EMERGENCY ORDIN,
y 9 P address their comments or concerns in Board of Trustees of thel
lishing legal notices and advertisernents within writing addressed to: Milliken Fire Pro- town, Colorado, this 1.9
tection District,P.O.Box 41,Milliken,CO 2004
the meaning of the laws of the State of Colo-
.
rado. 80543. Copies of the International Fire
Code are on file and open for inspection TOWN OF JOHNSTOWI{
That the annexed legal notice or advertise- > at the District's administrative offices COLORADO
located at 101 South Irene, Milliken, CO I
ment was published in the regular and entire 80543. ATTEST
issue of every number of said weekly newspa- S/S Troy D.Mellon-May
per for the period of. On Q Con-
DISTRICT
MILLIKEN FIRE PROTECTION S/S Diana Seele-Town c
secutive Insertions; and that the first publica- Published in the Johnsto
tion of said notice w in the issue of said S/S Charles Ashbaugh - Secretary to 22,2004
newspaper dated tt 2.,A.D.20 Ott the Board
, and that the last pu lication of said notice Published in the Johnstown Breeze April Just1418 Cats&Dogs
was kn.the issue of the said newspaper dated 22,2004 HEY SUE,DO YOU 7HIi;
THE
it/22 O`,A.D.20 " . TOWN OF JOHNSTOWN, HbEFEATEAT SHEET FORRPOSE T ff5IF
COLORADO
In witness whereof I have hereunto set my ORDINANCE NO.2004-719
hand this -271- day of
i/l^q_, ,A.D. 20 Ott AN EMERGENCY ORDINANCE yy..,��
AMENDING ARTICLE V OF CHAPTER w:/ 7...1 'v'S �•x�
13 OF THE JOHNSTOWN MUNICIPAL 11CC�/
4176.7/1
�!I-/I,,% �/ CODE CONCERNING WATER CON-
SERVATION. L y.
Ii1 a/1 / OFHEFFa
BE IT ORDAINED BY THE BOARD ••••• �
OF TRUSTEES OF THE TOWN OF
Publisher JOHNSTOWN, COLORADO, AS FOL- —
,, ; LOWS:
Subscribed nntt st z to before m Section 1. Section 13-1 of the `
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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
Nfi pEOARDING entire issue of every number of said newspaper during the period
NOTICE OF PUBIJC MEETI and time of publication of said notice, and in the newspaper
THE INTERNATIONALMayF1I9R O� pie, proper and not in a supplement thereof; that the first publication
"eliemMiW"Miceke"Fide PM �atri�t Fve SIeWn 101 South Irene,
Mma<en �. eeareof . dt 1k°„ of said notice was contained in the, issue of the said newspaper
Disyci conduct"e ma ra Io`mpveT t, . me bearing date the Twenty-second day of April
p=n ad nntem,ya,vPheGoa° ts ;'y°"° A.D. 2004 and the last publication thereof: in the issue of said
.cwabe end m. l°Penws �,,,.y,�y°1A'°,a. Fire Code w newspaper bearing date the Twenty-second day of Aoril
ilis aafral„""wed as° °,°the °roemewel W mof
y A.D. 2004' that said The Greeley Daily Tribune and the Greeley
invited tio etrend the d°°°"o°'°°. ""t'°°'°°nIn mit®addressedd the to:M of a blttheperiod of at,has been letshed ast six monthscontinuously
nextnprior to the fiedly
rst
their comments.or tone'".,,Matt".co.eosea. eonduring P
Protection District,Po Box at-the issue thereof contained said notice or advertisement above
International Fire Code are on District's administrative offices brstede�101 I keen.
PROTEC11 DISTRICT
referred to; that said newspaper has been admitted to the United
Mart`°n'Co'eosta. States mails as second-class matter under the provisions of the
BY: e°eee
Act of March 3, 1879, or any amendments thereof; and that said
The Greeter Deb'Timm
ra 22 2 newspaper is a daily newspaper duly qualified for publishing
Doa
legal notices and advertisements within the meaning of the laws
of the State of Colorado.
April 22,2004
"r, 3, » as t ,-x'pl; yalJ�.e -
. t21.t?M Il n'a it re *A'2'�"f*' � 't R' Sr i 0.1140 �/ Advertising Clerk
Subscribed and sworn to before me this
22nd day of April . 2004
My Commission Expires 7/28/2004 //,/
1�sirV-`� ��,� /// �. ��ary`Public
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'44y
' "' r t ' Minutes of the Meeting of the
V . ` Board of Directors of the
a y I
fiti Milliken Fire Protection District
g -r "
it; May 13, 2004
Members Present: Members Absent:
Charles Ashbaugh--late
Robert Caillouette
Duane Flack Guests:
Jerry Kilgore Kelvin Knaub--Chief
Lloyd Prather Blair Howe--Assistant Chief
Margaret Prather--Bookkeeper Kelly Pierson--Assistant Chief
Dean Prather--Firefighter
Joe Yordt--Captain
Garret Flack--Firefighter
Jim Klug--Firefighter
Ashley Foxworthy-Firefighter
The meeting was called to order by President Jerry Kilgore at 7:05 p.m. with the above
persons in attendance. The minutes of the April 8, 2004, meeting were approved as read.
Old Business:
Update Station#1:
President Kilgore reported the Town of Milliken didn't bring up the possibility of trading
the property east of town for the current station at the May 12th meeting. Other than that,
there was nothing new to report.
Update Station#2:
Assistant Chief Howe reported the walls were framed, the rough plumbing was in and the
Squad was at Blair Howe's at night.
No further old business, the meeting was adjourned at 7:15 p.m.
President Jerry Kilgore opened the meeting up at 7:17 p.m., then turned the meeting over
to Treasurer Duane Flack. At that time Duane Flack administered the Oath of Office to
Jerry Kilgore and Lloyd Prather for their new terms of office. Treasurer Flack then turned
the meeting back over to President Kilgore.
Business:
International Fire Code:
Firefighter Dean Prather read the International Fire Code that was proposed for adoption.
Flack moved and Lloyd Prather seconded a motion to pass the resolution to adopt the
•
International Fire Code as read.
Dean Prather requested $256.00 for 500 brochures on burn permits and $88.00 for 500
burn permits. Caillouette moved and Prather seconded a motion to approve the
expenditure for the printing of the paperwork. Motion carried.
Dean Prather requested 2 boxes of sheet protectors and 1 box of blue hanging file folders.
Ashbaugh moved and Caillouette seconded a motion to approve the purchase. Motion
carried.
Dean Prather presented a permit fee schedule and Prather moved and Caillouette seconded
a motion to approve the fee schedule. Motion carried.
Employee Manual:
Duane Flack reported the employee manual was getting close to the final form.
Equipment:
T-11:
Chief Knaub and Dean Prather reported that T-11 had failed inspection. There was a PTO
leak, hydraulic leak on the left front outrigger, the lower rotating mount bolts need
torqued, a crack in the welding on the bucket yoke, gate valves, relief valve at the end of
the ladder, hydraulic leak on the table, as well as some other problems.
Command Vehicle:
Prather reported Ehrlich Motors had a 1998 Expedition for $11500.00. This was tabled
until a later date to determine where the budget stood.
Equipment:
Chief Knaub reported there were currently 10-15 steel cylinders at Station#1 and 10 steel
cylinders at Station#2. He would like to reduce the extras at each Station to 2-3. Chief
Knaub would like 6 new composition cylinders for the front line trucks, and use the
aluminum as spares in the station. This was tabled for the present.
Chief Knaub reported 10 sections of 1 %" hose was needed to reload trucks, 6 sections of
1" hose was needed to reload the squad and the department needed 2 1" nozzles. Flack
moved and Ashbaugh seconded a motion to purchase all the hose.
Chief Knaub reported Garrett Flack would like to be reimbursed for the cost of replacing
his boots.
Chief:
New firefighters/Quit:
Chief Knaub reported there were no new firefighters and that Lloyd Prather had retired
from the department.
Staff Reports:
Dean Prather reported he was working on the new International Fire Code.
Joe Yordt reported the department was having a training to bum the bum building and
invited the Board to attend. The training will begin at 8:oo a.m. on Saturday, May 15.
Lunch would be served from 11:30 until 1, when the training would resume and continue
until the building was burnt to the ground. Joe Yordt reported there were to be 26
members of the Milliken department, 15 members of the Johnstown department, 6
members of the Estes Park department and 5 instructors on scene.
Chief Knaub asked the Board to purchase patches for the paid staff, showing state
certification, at a cost of$147.50. Prather moved and Caillouette seconded a motion to
approve the purchase of the patches. Motion carried.
Chief Knaub reported Joe Butler had requested $20.00 for dues to EMSAC. Flack moved
and Ashbaugh seconded a motion to approve the dues. Motion carried.
Comprehensive Plan:
Assistant Chief Howe reported the department was working on a plan to improve the
department in fire and rescue through Training, Tools, Trucks, Time (of response), and
Team integrity. Flack moved and Caillouette seconded a motion to endorse the plan.
Motion carried.
Approval of Bills:
Prather moved and Caillouette seconded a motion to accept the bills for payment. Motion
carried.
Correspondence:
The correspondence was read by President Kilgore.
No other business, the meeting was adjourned at 10:15 p.m.
Respectfully submitted,
Charles Ashbaugh
Secretary
RESOLUTION NO. `Y\-�
A RESOLUTION REGARDING THE MILLIKEN FIRE PROTECTION
DISTRICT'S FIRE CODE
WHEREAS, pursuant to § 32-I-1002(1)(d), C.R.S., the Board of Directors of the
Milliken Fire Protection District (District) has adopted by written resolution the 2003 Edition of
the International Fire Code, a copy of which is attached hereto and incorporated herein as
Exhibit 1 (the Milliken Fire Code) and seeks to enforce the Milliken Fire Code within its
boundaries; and
WHEREAS, the Board of Directors of the District has determined that the Milliken Fire
Code is necessary and will assist in the preservation of property and lives, promote the prevention
of fire and damage within the District, and is in the best interest of the District and the Town of
Milliken;and
WHEREAS, the Board of Directors of the District has requested that the Town of
Milliken adopt a resolution stating that such Milliken Fire Code shall be applicable within the
Town of Milliken that is within the District's boundaries; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Town of
Milliken, Colorado, that pursuant to § 32-1-10020)(d), C.R.S., the Milliken Fire Code as set
forth in Exhibit 1 hereto shall be applicable within all incorporated areas of the Town of Milliken
which are also within the boundaries of the Milliken Fire Protection District, contingent upon the
following conditions:
That the approval of the Milliken Fire Code does not supercede, amend, waive, or
otherwise affect the provisions or the enforcement of the Town of Milliken Building
Code or other Town of Milliken code, ordinance, or regulation.
That the approval of the Milliken Fire Code does not extend to any subsequent
alternation, modification, rescission, repeal, or amendment, in whole or in part, of the
Milliken Fire Code as set forth in Exhibit I.
That the Town of Milliken reserves the right to establish in the future a municipal code
violation regarding the Milliken Fire Code, including the requirement that enforcement of
the Milliken Fire Code must be through the Town's municipal court system, thereby
amending Section 8 of the Milliken Fire Code as set forth in Exhibit 1.
The Milliken Fire Code which shall be applicable within all the incorporated areas of the
Town of Milliken which is also within the District includes the 2003 edition of the International
Fire Code.
ADOPTED this\\ day of ?a� 2004.
.•N" 1V 7 'Ai '1 i /alt dl ff
0, Mayor
ATTEST: " o' APPROVED AS TO FORM:
!Pt eD
Town Clerk ;, \V� Town Attorney
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