HomeMy WebLinkAbout20030120.tiff RESOLUTION
RE: CONSENT TO THE ENFORCEMENT BY THE PLATTEVILLE/GILCREST FIRE
PROTECTION DISTRICT OF THE 1997 UNIFORM FIRE CODE AND STANDARDS,
WITH AMENDMENTS, WITHIN THE DISTRICTS 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 Platteville/Gilcrest Fire Protection District ("the District") has presented
a resolution adopting and promising to enforce the 1997 Edition of the Uniform Fire Code and
Standards, 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 1997 Edition of the Uniform Fire Code and Standards, with certain
amendments set forth in said resolution, within the District's unincorporated portions of Weld
County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that it hereby consents to the enforcement by the Platteville/Gilcrest
Fire Protection District of the 1997 Edition of the Uniform Fire Code and Standards, with certain
amendments as set forth in the attached resolution, within the District's unincorporated portions
of Weld County.
2003-0120
SD0112
Go ; PLr4Sv'LLE FP 0,4
RE: CONSENT TO ENFORCEMENT OF 1997 UNIFORM FIRE CODE, AS AMENDED,
PLATTEVILLE/GILCREST 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 8th day of January, A.D., 2003.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, COLORADO
.� � CC)
ATTEST: i (e \ , EL4\
David E. Long, Chairman
Weld county Clerk to t4T2 &,
/ ��"`Z°� ♦' Robert . Masden, Pro-Tem
BY:
Deputy Clerk to the B' (/ \ 'q
�'�►� M. . ei-Ie Z�
°/1
APPR�As T ORT OR . EXCUSED DATE OF SIGNING (AYE)
Willia . Jerke
Ty orney-
Glenn Vaad c
2003-0120
SD0112
•
- FIRE CODE
PLATTEVILLE-GILCREST FIRE PROTECTION DISTRICT
A RESOLUTION ADOPTING ME UNIFORM FIRE CODE, UNIFORM FIRE CODE
STANDARDS PRESCRIBING REGULATIONS GOVERNING CONDITIONS
HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND
PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR
OPERATION.
WHEREAS, the Board of Directors of the Platteville-Gilcrest Fire Protection District deems it
necessary to adopt the following code for the purpose of establishing rules of conduct and standards
for the protection of life,health,property, security and welfare of the inhabitants of the District; and
WHEREAS, the Board of Directors has considered the effect of 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 rural fire protection district which also includes some areas of
medium to high density residential development,including some industrial and commercial;
NOW,THEREFORE,BE IT RESOLVED THAT:
SECTION I: Adoption of 1997 Uniform Fire Code and Uniform Fire Code Standards;
Applicability;Alternate Methods of Compliance.
1. There is hereby adopted by the Platteville-Gilcrest Fire Protection District for the purpose of
prescribing regulations governing conditions hazardous to life and property from fire, hazardous
materials, or explosion, that certain Codes and Standards known as the Uniform Fire Code,
including the following Appendices:
a
nd the Uniform Fire Code Standards, published by the Western Fire Chiefs Association and the
International Conference of Building Officials, being particularly the 1992 editions thereof, and
the National Wildland Standards, and the whole thereof, save and except such portions as are
hereinafter deleted, modified,or amended by the Resolution, of which said Code and Standards are
now filed in the offices of the Platteville-Gilcrest Fire Protection District, and the same are hereby
adopted and incorporated as fully as if set out at length herein. The date on which this Resolution
shall take effect within the incorporated municipalities within this District shall be the date of
approval by the respective governing board of said municipality, and the date on which it shall take
effect within the unincorporated portions of Weld County within the District shall be on the date of
approval by the Board of County Commissioners in and for the County of Weld , State of
Colorado. This Code shall be in effect within the territorial limits of the Platteville-Gilcrest Fire
Protection District.
2. Where no standards or requirements are set forth in the 1997 Edition of the Uniform Fire Code,
2003-0120
SoDllZ
the laws, codes,regulations,ordinances,policies,and bylaws(herein, "regulations")adopted by
the Platteville-Gilcrest Fire Protection District shall control. If neither the Uniform Fire Code
or District regulations contain applicable standards or requirements, then compliance with the
standards of the National Fire Protection Association or other nationally recognized fire-safety
standards, as approved by the Fire Chief, shall be prima facie evidence of compliance with the
intent of the Uniform Fire Code, as amended and adopted herein.
3. The District's Board shall determine the suitability of the alternate materials and methods and
type of construction and provide reasonable interpretations of the provisions of this Code upon
the request of the Chief of the Department.
SECTION II: Establishment and Duties of Fire Prevention Inspectors.
Notwithstanding the provision of the Uniform Fire Code to the contrary, the organizational
structure and duties of the fire prevention bureau or department, if established by the District, shall
be as provided by the Districts bylaws or regulations.
SECTION III: Definitions.
Wherever the word "District" or phrase"Fire District"is used, it shall mean the Platteville-Gilcrest
Fire Protection District.
Wherever the word "jurisdiction" is used in the adopted Code and Standards, it is meant to be
inclusive of the boundaries of the Platteville-Gilcrest Fire Protection District as they now or may
hereafter exist.
Where the term "Chief' or"Chief of the Bureau of Fire Prevention" is used, it shall be held to mean
the Chief of the Platteville-Gilcrest Fire Protection District, or a duly authorized and designated
member of the District.
Where the term "Bureau of Fire Prevention" is used, it shall be held to mean either the entire fire
department or those employees (paid or volunteers) designated by the Chief to carry out
enforcement duties relating to the prevention of fires and the suppression of arson.
Where the term "Board" is used, it shall be held to mean the Board of Directors of the Platteville-
Giicrest Fire Protection District.
Wherever the term"Uniform Building Code" is used,it shall be held to mean the Uniform Building
Code as it may be adopted, amended and incorporated into the Weld County Building Code or the
codes or ordinances of any incorporated municipality within the District.
SECTION IV: Establishment of Limits in Which Storage of Liquified Petroleum Gases is
to be Restricted.
2
The limits referred to in the Uniform Fire Code, in which the storage of compressed natural gas is
restricted, are hereby established as follows: as addressed by any ordinance or zoning regulation
adopted by Weld County or municipalities within the District. This section shall not be interpreted
so as to be in conflict with the provisions of§ 8-20-101 et seq. and§ 34-64-101 et seq., C.R.S.
SECTION V. Amendments Made in and to the Uniform Fire Code.
The Uniform Fire Code is amended and changed in the following respects:
1. Section 1032.12 of the Uniform Fire Code shall be amended by the deletion of Section
103.2.12 in its entirety and by the insertion of the following:
"The authority of the Chief of the fire district or designated members of the department
to act as police officers shall only extend as far as the authority set forth in § 32-1-
1002,C.R.S.,or other applicable state statutes."
2. Section 101.5 shall be amended by the addition of the following sentence: "Nothing
herein shall be construed as a waiver of any immunities provided by Section 24-10-101, et
seq., C.R.S.or by other statutes, or by the common law."
3. Section 103.1.4 shall be amended by the deletion of Section 103.1.4 in its entirety and
by the insertion of the following:
(a) The District's Board shall determine the suitability of the alternate
materials and methods and type of construction and provide reasonable
interpretations of the provisions of this Code upon the request of any
intwested party,including the Chief.
(b) The Board, upon recommendation of the Chief or upon its own
motion,may enter into written agreements for enforcement or compliance
with the owner, lessee, occupant or authorized agent thereof, of any
property, building or structure, or any interested person directly affected
by the application of this code. Said agreements may extend the time for
compliance with this code, and may contain such terms and conditions
that the Board deems appropriate to adequately protect the life, health,
property,security and welfare of the general public."
4. The following is added as a new section 103.5:
103.5 Inspections.
"(a) Pursuant to § 32-1-1002(I)(e)(II) 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:
3
(1) Requested or mandated for existing structures,
buildings and improvements;and
(2) Necessitated in conjunction with any county
regulation,resolution or condition of development; or
(3) Performed in conjunction with the construction of
new structures,buildings,and improvements.
(b) 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."
5. Section 103.4.6 shall be added as a new section to read as follows: 103.4.6 "This
Article shall be interpreted to be consistent with the provisions of§ 32-1-1002(3),C.R.S.."
6. Section 105.80.1 shall be amended by the addition of a sentence reading as follows:
"No such permit shall be required where burning is regulated pursuant to regulations
promulgated under § 25-7-123, C.R.S., and regulated by the Weld County Health
Departments or municipal authorities."
7. Section 1001.10 is amended by the deletion of the phrase "other than private
dwellings"as indicated in the following:
1001.10 Fire Appliances. The chief is authorized to designate the type and number of
fire appliances to be installed and maintained in and upon all buildings and premises in
the jurisdiction other than private dwellings. This designation shall be based upon the
relative severity of probable fire, including the rapidity with which it may spread.
Such appliances shall be of a type suitable for the probable class of fire associated with
such building or premises and shall have approval of the chief.
8. Article 78, Fireworks and Pyrotechnic Special Effects Materials, is deleted in its
entirety and the applicable provisions of Colorado state statutes and regulations, i.e., Sec. 12-
28-101,et seq., CRS,shall govern all fireworks, their sale,storage, and use.
9. Appendix V is amended by the addition of the following paragraph 3:
3. OTHER CODES. In addition to the above-referenced standards, the
latest and most current of the editions of the following codes shall be used to
attain a reasonable level of safety where specific requirements are not stated or
specific standards are not adopted or referenced in this Fire Code,particularly as
they pertain to occupancy loads,building exits, and to fire prevention in general:
4
National Electric Code
Uniform Building Code
Uniform Mechanical Code
Life Safety Code
NFPA National Fire Code
In the event of a conflict between the provisions of these codes and Colorado state
statutes, the most stringent provisions shall apply.
SECTION VIII: 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 set 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 or re-inspection;
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:
i. For Failure to correct a violation or hazard within the
time specified in a previously issued Notice of Violation or
Hazard;or
5
ii. 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.
b. 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.
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 meeting or special meeting
called for that purpose. The Board may affirm, rescind, or modify the Notice and may enter
into such enfotcoutent 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.
6
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 the matter to the Weld County District Attorney.
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. 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 this Code shall not suspend the time limits for
compliance or correction, and compliance or correction shall be made or rendered forthwith,
unless the Order is suspended by the Board.
SECTION IX: Penalties.
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 collection of prohibited conditions or other injunctive relief
SECTION X: Repeal of Conflicting Ordinances or Resolutions.
All former ordinances or resolutions enacted by the District or parts thereof conflicting or
inconsistent with the provisions of this resolution of the Code or standards hereby adopted are
hereby repealed.
SECTION XI: Validity and Conflict.
The Platteville-Gilcrest Fire Protection District Board of Directors hereby declare that should any
section, paragraph, sentence or word of this resolution or of the code or standards hereby adopted
be declared for any reason to be invalid, it is the intent of the Platteville-Gilcrest Fire Protection
District Board of Directors that it would have passed all other portions of this resolution
independent of elimination here from of any such portion as may be declared invalid. It is further
the declaration of the Platteville-Gilcrest Fire Protection District Board of Directors that no
provision of this resolution or the code or standards adopted herein be interpreted in conflict with
existing State law. In the event there is a conflict between State law and this code, State law shall
take precedent.
7
SECTION XII: Date of Effect.
This resolution shall take effect and be enforced within incorporated municipalities and
unincorporated portions of Weld County from and after its approval as set forth in § 32-1-
1002(1)(d),C.RS..
Adopted this day of ,2002
PLATTEVII.LE-GILCREST FIRE PROTECTION DISTRICT
By '4c.►7%
President and Chairperson
ATTEST:
Secre
•
8
4 WELD COUNTY ATTORNEY'S OFFICE
is t 915 TENTH_STREET
P.O. BOX 758
GREELEY, CO 80632
II I ip-e WEBSITE: www.co.weld.co.us
PHONE: (970) 336-7235
FAX: (970) 352-0242
COLORADO
December 23, 2002
Wes Scott, District Chief
Platteville/Gilcrest Fire Protection District
303 Main Street
P.O. Box 407
Platteville, CO 80651-0407
Re: 1997 Uniform Fire Code, with Amendments
Dear Mr. Scott:
Thank you for your letter of December 19, 2002, regarding the request of the Platteville/Gilcrest
Fire Protection District to have the Board of County Commissioners of Weld County, Colorado,
consent to the enforcement of the 1997 Uniform Fire Code, with amendments, in the
unincorporated portion of the District, pursuant to C.R.S. § 32-1-1002(1)(d). I have placed the
matter on the January 8, 2003, Board of County Commissioners' agenda for its consideration.
The Board meeting is a 9:00 a.m. that day. The Board meets at the Weld Centennial Center
Complex, First Floor Meeting Room, 915 l0' Street, Greeley, Colorado. It would assist:the
Board if you or someone else from the District is present to answer questions. A copy of the
proposed Resolution of the Board is enclosed.
Please feel free to call me at(970) 356-4000, est. 4390, if you have a y questions.
'ncerely, %�B ce T. parker
Weld County Attorney
Enclosures
pc: Jeff Reif
Platteville/Gilcrest Fire Protection District
303 Main Street P.O. Box 407
P 80651-0407
970-785-2232latteville 970-785-0139CO F --
12/19/2002
fs
Weld County Board of County Commissioners
OEc 2 2002 �
C/O Bruce Barker, County Attorney
915 10th Street ELo
Ann R N C-,1-5N-re
Greeley, CO 80632 °' OFFICE
To Mr. Bruce Barker,
On July 11, 2002, The Board of Directors of the Platteville/Gilcrest Fire
Protection District adopted the Uniform Fire Code, 1997 edition, including various
modifications.
As provided in Section 32-1-1002 (1)(d), CRS.,the 1997 Fire Code cannot
become effective and enforceable by the Platteville/Gilcrest Fire Protection District
located within Weld County limits until such time that the County Commissioners of
Weld County adopts a resolution stating that the 1997 Uniform Fire Code, as adopted by
the Board of Directors, shall be applicable within the Platteville/Gilcrest Fire Protection
District.
I have enclosed all the information necessary on the adoption of the 1997
Uniform Fire Code, including a copy of the resolution adopting the 1997 Uniform Fire
Code and the modifications to the Code adopted by the Platteville/Gilcrest Fire Protection
District.
I would appreciate it if you would place this on the agenda for action by the board of
County Commissioners. Upon, resolution it would be appreciated if a copy of the
resolution be forwarded to me.
If you have any questions or need further please do not hesitate to give me a call.
Cordially,
Wes Scott
PGFPD District Chief
TOWN OF GILCREST
Weld County, Colorado
Resolution No. 2002- 15
A RESOLUTION APPROVING OF THE APPLICATION OF THE UNIFORM FIRE
CODE AND THE NATIONAL WILDLAND STANDARDS WITHIN THE TOWN OF
GILCREST AS A MUNICIPALITY WHOLLY LOCATED WITHIN THE
PLATTEVILLE-GILCREST FIRE PROTECTION DISTRICT.
WHEREAS, the Town of Gilcrest ("Town") is a municipality located wholly within the
boundaries of the Platteville-Gilcrest Fire Protection District ("District"), a special district duly
organized pursuant to Title 32 of the Colorado Revised Statutes;and
WHEREAS, the District has adopted by resolution the Uniform Fire Code, 1997 Edition,
the Uniform Fire Code Standards and the National Wildland Standards;and
WHEREAS, pursuant to C.R.S. § 32-1-1002(1)(d), fire codes adopted by the District do
not apply within the Town unless the Board of Trustees adopts a resolution stating that such code
or portions thereof shall apply within the Town;and
WHEREAS, the Board of Trustees desires to approve of the applicability within the
Town of the Uniform Fire Code, 1997 Edition, and the National Wildland Standards as adopted
by the District,and as amended herein.
NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of
Gilcrest, Colorado, as follows:
Section 1. The above and foregoing recitals are incorporated herein by reference and
are adopted as findings and determinations of the Board of Trustees.
Section 2. The Uniform Fire Code, 1997 Edition (the "Uniform Fire Code"), and the
National Wildland Standards as adopted by resolution of the Platteville-Gilcrest Fire Protection
District on July 11, 2002 ("District Resolution") and as amended herein, shall be applicable
-within-the Town upon the effective date of this Resolution.
Section 3. The following supplemental provisions shall also be applicable and are
adopted for the purpose of supplementing and clarifying provisions in and matters relating to the
administration and enforcement of the Uniform Fire Code and the National Wildland Standards
in the Town:
a. Where no standards or requirements are set forth in the Uniform Fire
Code, the laws, codes, regulations, ordinances, policies, and bylaws adopted by
the Platteville-Gilcrest Fire Protection District (herein, "regulations") shall
control. If neither the Uniform Fire Code or District regulations contain
applicable standards or requirements, then compliance with the standards of the
National Fire Protection Association or other nationally recognized fire-safety
CNB\53378 419845
standards, as approved by the Fire Chief, shall be prima facie evidence of
compliance with the intent of the Uniform Fire Code, as amended and adopted
herein.
b. For the purposes of this Resolution and of the Uniform Fire Code and the
National Wildland Standards, the terms set forth below shall have the meanings
ascribed to them as follows:
Board means the Board of Directors of the Platteville-Gilcrest Fire
Protection District.
District means the Platteville-Gilcrest Fire Protection District.
Jurisdiction means the municipal limits of the Town of Gilcrest as now or
hereafter constituted.
Chief or Chief of the Bureau of Fire Prevention means the Chief of the
Platteville-Gilcrest Fire Protection District or duly authorized and
designated member of the District.
Uniform Building Code means the edition of the Uniform Building Code
currently in effect in the Town of Gilcrest.
c. The limits referred to in the Uniform Fire Code, in which the storage of
compressed natural gas is restricted, are hereby established as follows: As
addressed by any ordinance of the Town_ This section shall not be interpreted so
as to be in conflict with the provisions of§ 8-20-101 et seq. and § 34-64-101 et
seq., C.R.S.
d. Penalties.
1. The Chief shall enforce the Uniform Fire Code and the National
Wi.ldland Standards 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 set 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;
CNB1533781419845 -2-
(c) Name of inspector;
(d) Nature of violations, including specific reference to
section/subsections of code;
(e) Date of compliance or re-inspection;
(f) Suggested methods of correction, if applicable;
(g) Right to appeal to Board;and
(h) Consequences of failure to correct the violation.
3. (a) An "Order for Immediate Correction of Hazard" may be
issued by the Chief.
(i) For failure to correct a violation or hazard within
the time specified in a previously issued Notice of
Violation or Hazard;or
(ii) 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-I-1002(3)(c), 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,m,the following information:
(i) Date of issuance;
(ii) Name/address of premises inspected;
(iii) Nature of violation or harard;
(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;
CNBK53378\419845 -3-
z
(viii) Signature of the Chief or his designee; and
(ix) 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 meeting 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.
S. 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 the matter to the Weld County
District Attorney.
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. 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 the Uniform
Fire Code or the National Wildland Standards shall not suspend the
time limits for compliance or correction, and compliance or
correction shall be made or rendered forthwith unless the Order is
suspended by the Board.
e. Penalties.
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
CNB\533781419845 -4-
'_:f',owr�%
Olfr
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.
Section 4. The Uniform Fire Code is made applicable within the Town of Gilcrest
with the following amendments:
a. Section 103.2.12 of the Uniform Fire Code shall be amended by the
deletion of Section 103.2.12 in its entirety and by the insertion of the following:
"The authority of the Chief of the fire district or designated members of
the department to act as police officers shall only extend as far as the
authority set forth in § 32-1-1002, C.R.S., or other applicable state
statutes."
b. Section 101.5 shall be amended by the addition of the following sentence:
"Nothing herein shall be constructed as a waiver of any immunities provided by
Section 24-10-101, et seq., C.R.S. or by other statutes, or by the common law."
c. Section 103.1.4 shall be amended by the deletion of Section 103.1.4 in its
entirety and by the insertion of the following:
(a) The District's Board shall determine the suitability of the alternate
materials and methods and type of construction and provide
reasonable interpretations of the provisions of this Code upon the
request of any interested party, including the Chief.
(b) The Board, upon recommendation of the Chief or upon its own
motion, may enter into written agreements for enforcement or
compliance with the owner, lessee, occupant or authorized agent
thereof, of any property, building or structure, or any interested
person directly affected by the application of this code, 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."
d. The following is added as a new section 103.5:
CNB153378\419845 -5-
--.YY�
103.5 Inspections.
(a) Pursuant to § 32-1-1002(1)(e)(Il) 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:
(1) Requested or mandated for existing structures, buildings
and improvements; and
(2) Necessitated in conjunction with any county regulation,
resolution or condition of development; or
(3) Performed in conjunction with the construction of new
structures, buildings, and improvements.
(b) 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
e. Section 103.4.6 shall be added as a new section to read as follows: "This
Article shall be interpreted to be consistent with the provisions of§ 32-1-1002(3),
C.R.S."
f. Section 105.80.1 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 regulation by the Weld
County Health Departments or municipal authorities."
g. Section 1001.10 is amended by the deletion of the phrase "other than
private dwellings" as indicated in the following:
1001.10 Fire Appliances.
The chief is authorized to designate the type and number of fire appliances
to be installed and maintained in and upon all buildings and premises in
the jurisdiction other than private dwellings. This designation shall be
based upon the relative severity of probably fire, including the rapidity
with which it may spread. Such appliances shall be of a type suitable for
the probable class of fire associated with such building or premises and
shall have approval of the chief.
h. Article 78, Fireworks and Pyrotechnic Special Effects Materials, is deleted
in its entirety and the applicable provisions of Colorado state statutes and
CNB\533781419845 -Fi-
regulations, i.e., Section 12-28-101, et seq. C.R.S., shall govern all fireworks,
their sale, storage, and use.
i. Appendix V is amended by the addition of the following paragraph 3:
3. OTHER CODES. In addition to the above-referenced standards,
the latest and most current of the editions of the following codes shall be
used as a guide, but not as mandatory or binding standards or
requirements, to attain a reasonable level of safety where specific
requirements are not stated or specific standards are not adopted or
referenced in this Fire Code, particularly as they pertain to occupancy
loads, building exits, and to fire prevention in general:
National Electric Code
Uniform Building Code
Uniform Mechanical Code
Life Safety Code
NFPA National Fire Code
In the event of a conflict between the provisions of these codes and
Colorado state statutes, the latter shall apply.
Section 5. Notwithstanding any other provision of this Resolution or of the Uniform
Fire Code, the Gilcrest Municipal Code, including the Uniform Building Code and related codes
as adopted by the Town, and the Uniform Fire Code will supersede and control any conflicting
or inconsistent provisions contained in the National Wildland Standards.
Section 6. Resolution No. 2002-13 is hereby repealed and the Board of Trustees
reserves the right to repeal or amend this Resolution at any time. Upon any such repeal or
amendment, the Uniform Fire Code and the National Wildlarxi Standards, as adopted herein,
shall have no further force or effect within the Town, or shall be applicable within the Town as
provided by such amendment.
Section 7. By adopting this Resolution, the Town does not undertake any
responsibility or duty to enforce the Uniform Fire Code or the National Wildland Standards, or
any of their parts, as adopted herein, such enforcement being the sole and exclusive duty of the
District.
Section 8. Should one or more sections or provisions of this Resolution be judicially
determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the
remaining provisions thereof, the intention being that the various sections and provisions are
severable.
ADOPTED AND APPROVED this 18th day of November, 2002.
CNB15337S\4 9845 -7-
J�
TOWN OF G .. ST
Paul ' pe (vlayor
Al lEST:
By: de.y -t CACAO*
Linda Chosa,Town Clerk
•
CNB\53378W19845 -8-
TOWN OF PLATTEVILLE
Weld County, Colorado
Resolution No. 2002 - 34 --
A RESOLUTION APPROVING OF THE APPLICATION OF THE UNIFORM FIRE
CODE AND THE NATIONAL WILDLAND STANDARDS WITHIN THE TOWN OF
PLATTEVILLE AS A MUNICIPALITY WHOLLY LOCATED WITHIN THE
PLATTEVILLE-GILCREST FIRE PROTECTION DISTRICT.
WHEREAS, the Town of Platteville ("Town") is a municipality located wholly within
the boundaries of the Platteville-Gilcrest Fire Protection District ("District"), a special district
duly organized pursuant to Title 32 of the Colorado Revised Statutes; and
WHEREAS, the District has adopted by resolution the Uniform Fire Code, 1997
Edition, the Uniform Fire Code Standards and the National Wildland Standards; and
WHEREAS, pursuant to C.R.S. § 32-1-1002(1)(d), fire codes adopted by the District
do not apply within the Town unless the Board of Trustees adopts a resolution stating that such
code or portions thereof shall apply within the Town; and
WHEREAS, the Board of Trustees desires to approve of the applicability within the
Town of the Uniform Fire Code, 1997 Edition, and the National Wildland Standards as
adopted by the District, and as amended herein.
NOW THEREFORE, BE IT RESOLVED by the Board of Trustees of the Town of
Platteville, Colorado, as follows:
Section 1. The above and foregoing recitals are incorporated herein by reference
and are adopted as findings and determinations of the Board of Trustees.
Section 2. The Uniform Fire Code, 1997 Edition (the "Uniform Fire Code"), and
the National Wildland Standards as adopted by resolution of the Platteville-Gilcrest Fire
Protection District on July 11, 2002 ("District Resolution") and as amended herein, shall be
applicable within the Town upon the effective date of this Resolution. -
Section 3. The following supplemental provisions shall also be applicable and are
adopted for the purpose of supplementing and clarifying provisions in and matters relating to
the administration and enforcement of the Uniform Fire Code and the National Wildland
Standards in the Town:
a. Where no standards or requirements are set forth in the Uniform Fire
Code, the laws, codes, regulations, ordinances, policies, and bylaws adopted by
the Platteville-Gilcrest Fire Protection District (herein, "regulations") shall
control. If neither the Uniform Fire Code or District regulations contain
applicable standards or requirements, then compliance with the standards of the
CNB\53378\419845
National Fire Protection Association or other nationally recognized fire-safety
standards, as approved by the Fire Chief, shall be prima facie evidence of
compliance with the intent of the Uniform Fire Code, as amended and adopted
herein.
b. For the purposes of this Resolution and of the Uniform Fire Code and
the National Wildland Standards, the terms set forth below shall have the
meanings ascribed to them as follows:
Board means the Board of Directors of the Platteville-Gilcrest Fire
Protection District.
District means the Platteville-Gilcrest Fire Protection District.
Jurisdiction means the municipal limits of the Town of Platteville as now
or hereafter constituted.
Chief or Chief of the Bureau of Fire Prevention means the Chief of the
Platteville-Gilcrest Fire Protection District or duly authorized and
designated member of the District.
Uniform Building Code means the edition of the Uniform Building Code
currently in effect in the Town of Platteville.
c. The limits referred to in the Uniform Fire Code, in which the storage of
compressed natural gas is restricted, are hereby established as follows: As
addressed by .any ordinance of the Town. This section shall not be interpreted
so as to be in conflict with the provisions of § 8-20-101 et seq. and § 34-64-101
et seq., C.R.S.
d. Penalties.
1. The Chief shall enforce the Uniform Fire Code and the National
Wildland Standards 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 set 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:
CNB\53378\419845
-2-
(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 or re-inspection;
(f) Suggested methods of correction, if applicable;
(g) Right to appeal to Board; and
(h) Consequences of failure to correct the violation.
3. (a) An "Order for Immediate Correction of Hazard" may be
issued by the Chief:
(i) For failure to correct a violation or hazard within
the time specified in a previously issued Notice of
Violation or Hazard; or
(ii) 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.
(b) 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;
•
CNB\53378\419845
-3-
(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; and
(ix) 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 meeting 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 the matter to the Weld
County District Attorney.
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. 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 the Uniform Fire Code or the National Wildland Standards
shall not suspend the time limits for compliance or correction,
CNB153378\419845 -4-
and compliance or correction shall he made or rendered forthwith
unless the Order is suspended by the Board.
e. Penalties.
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.
Section 4. The Uniform Fire Code is made applicable within the Town of
Platteville with the following amendments:
a. Section 103.2.12 of the Uniform Fire Code shall be amended by the
deletion of Section 103.2.12 in its entirety and by the insertion of the following:
"The authority of the Chief of the fire district or designated members of
the department to act as police officers shall only extend as far as the
authority set forth in § 32-1-1002, C.R.S., or other applicable state
statutes."
b. Section 101.5 shall be amended by the addition of the following
sentence: "Nothing herein shall be constructed as a waiver of any immunities
provided by Section 24-10-101, et seq., C.R.S. or by other statutes, or by the
common law."
c. Section 103.1.4 shall be amended by the deletion of Section 103.1.4 in
its entirety and by the insertion of the following:
(a) The District's Board shall determine the suitability of the
alternate materials and methods and type of construction and
provide reasonable interpretations of the provisions of this Code
upon the request of any interested party, including the Chief.
CNB\53378\419845 -5-
(b) The Board, upon recommendation of the Chief or upon its own
motion, may enter into written agreements for enforcement or
compliance with the owner, lessee, occupant or authorized agent
thereof, of any property, building or structure, or any interested
person directly affected by the application of this code, 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."
d. The following is added as a new section 103.5:
103.5 Inspections.
(a) Pursuant to § 32-1-1002(1)(e)(II) 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: _
(1) Requested or mandated for existing structures, buildings
and improvements; and
(2) Necessitated in conjunction with any county regulation,
resolution or condition of development; or
(3) Performed in conjunction with the construction of.new
structures, buildings, and improvements.
(b) 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
e. Section 103.4.6 shall be added as a new section to read as follows:
"This Article shall be interpreted to be consistent with the provisions of
§ 32-1-1002(3), C.R.S."
f. Section 105.80.1 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 regulation
by the Weld County Health Departments or municipal authorities."
CNB\53378\419845
-6-
g. Section 1001.10 is amended by the deletion of the phrase "other than
private dwellings" as indicated in the following:
1001.10 Fire Appliances.
The chief is authorized to designate the type and number of fire
appliances to be installed and maintained in and upon all buildings and
premises in the jurisdiction other than private dwellings. This
designation shall be based upon the relative severity of probably fire,
including the rapidity with which it may spread. Such appliances shall
be of a type suitable for the probable class of fire associated with such
building or premises and shall have approval of the chief.
h. Article 78, Fireworks and Pyrotechnic Special Effects Materials, is
deleted in its entirety and the applicable provisions of Colorado state statutes and
regulations, i.e., Section 12-28-101, et seq. C.R.S., shall govern all fireworks,
their sale, storage, and use.
i. Appendix V is amended by the addition of the following paragraph 3:
3. OTHER CODES. In addition to the above-referenced standards,
the latest and most current of the editions of the following codes shall be
used as a guide, but not as mandatory or binding standards or
requirements, to attain a reasonable level of safety where specific
requirements are not stated or specific standards are not adopted or
referenced in this Fire Code, particularly as they pertain to occupancy
loads, building exits, and to fire prevention in general:
National Electric Code
Uniform Building Code
Uniform Mechanical Code
Life Safety Code
NFPA National Fire Code
In the event of a conflict between the provisions of these codes and
Colorado state statutes, the latter shall apply.
Section 5. Notwithstanding any other provision of this Resolution or of the Uniform
Fire Code, the Platteville Municipal Code, including the Uniform Building Code and related
codes as adopted by the Town, and the Uniform Fire Code will supersede and control any
conflicting or inconsistent provisions contained in the National Wildland Standards.
Section 6. The Board of Trustees reserves the right to repeal or amend this
Resolution at any time. Upon any such repeal or amendment, the Uniform Fire Code and the
CNB\53378\419845 -7-
National Wildland Standards, as adopted herein, shall have no further force or effect within the-
Town, or shall be applicable within the Town as provided by such amendment.
Section-7. By adopting this Resolution, the Town does not undertake any
responsibility or duty to enforce the Uniform Fire Code or the National Wildland Standards, or
any of their parts, as adopted herein, such enforcement being the sole and exclusive duty of the
District.
Section 8. Should one or more sections or provisions of this Resolution be judicially
determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the
remaining provisions thereof, the intention being that the various sections and provisions are
severable.
ADOPTED AND APPROVED this 15t day of October, 2002.
9.E. . r. TOWN OF PLATTEVILLE at SEA, €m FF,r q
\.A e jf�4.ti/ha. /AM /FYM;1 r�s. 'L'
••........•'' William M. Manker, Sr., Mayor
ATTEST:
By: /tat r)I ( Et-� €,� •
Rebecca Kunzler, T4wi Clerk
CNB\53378\419845
-8-
� w rr`{brM wr wr�itiafarilMwnM Nl.•�•4,
XrE' XOIC@
- + j..wYrReaw nr)k!R++I" swrwn:,t_E:r.�'r.rP. till! , arkrw�..
PLATTE,VM'Fh ll.OAg TT FIRE PROTECTION DISTRICT
NOTICE OF PvallC..HEARING
i �NPTI IS HE YUNEN#a pub brie, gilL lo.i0,7reih*Bueid ,
r. "aldm Rl i', it RoSi JIomMain Sting,pl ovule,ik ,{rob,r.
Pe&1„tpc w purpose ci poneiderlrfleada e/iniAISOOAltl4n Mddopt and
wlaalaa Ia�v�r±ir�ar�)ta Edda-. _r
A copy;c4 the sad 1%?tjp$orrn�Fke Ledo k on me In the adhe'.ot fie
Gmitt hief entlm '4F$1411.)
ny Ira erred Person,70,?"'
li alkehours
i et 9:00 a m a$5:00 pm.,Mcl $y through Friday,holidays sitcepted.
DATER 1Np 23rd day of May 2002 .
Pkhar@@7Gkrest Fire Prote Ion R)sutct
WeeSuon,n at +t
Pub in The V tE 1,Oefttrel Weld County,Colorado,Thursday.
i
Hello