HomeMy WebLinkAbout20013193 LIND, LAWRENCE & OTTENHOFF LLP
ATTORNEYS AT LAW
THE LAW BUILDING
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GREELEY,COLORADO 80632 -""-
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GEORGE H.OTTENHOFF TELEPHONE
KENNETH F.LIND (970)353-2323
KIM R.LAWRENCE (970)356-9160
TELECOPIER
P.ANDREW JONES (970)356-1111
RICHARD T. LiPUMA ken@Ilolaw.com
November 5, 2001
Larimer County Planning Department
P.O. Box 1190
Fort Collins, CO 80522-1190
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Re: Comprehensive Plans, Water Flows and 1997 Uniform Fire Code
Ladies & Gentlemen:
This firm represents the North Weld County Water District created and organized
pursuant to C.R.S. 32-1-101 et seq. (hereinafter "North Weld"). We have been advised
that there have been several meetings in relation to Building and Zoning Codes,
Comprehensive Plans, the 1997 Uniform Fire Code, Water Districts including North Weld,
and specifically issues regarding fire flows necessary for unincorporated County
subdivisions pursuant to the 1997 Uniform Fire Code. This 1997 Uniform Fire Code
requirement is 1,000 gallons per minute at 20 pounds per square inch (p.s.i.) residual
pressure for 30 minutes. It has been represented to North Weld and other Districts by
some individuals that this is "law" and North Weld and other Water Districts must provide
this minimum requirement for fire flows. There are also issues in relation to subdivisions
in addition to fire flows such as spacing between fire hydrants, size of water lines for these
hydrants, "dead water" zones in the lines, and other issues. The purpose of this letter is
to advise you of the position of North Weld as to the 1997 Uniform Fire Code in relation to
these issues.
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2001-3193
Larimer County Planning Department
Weld County Department of Planning Services
November 5, 2001
Page 2
While North Weld is concerned with safety issues, the need to provide fire
protection, and to comply with various laws and regulations, North Weld is also concerned
with economics and the ability to provide certain potable water supplies for domestic
purposes. Needless to say, North Weld would like to be able to provide 1,000 gallons per
minute at 20 p.s.i. for 30 minutes at every fire hydrant within its District, however, that is
an impossibility due to limitations in the water delivery system including, but not limited to,
size of water lines, location of tanks and distances. North Weld has and is always more
than willing to cooperate with Fire Protection Districts, developers and others regarding fire
flows, but North Weld cannot provide water service greater than existing facilities, or
facilities planned in the future, in accordance with budgets and timing. North Weld will
cooperate in providing available water service but North Weld cannot provide the
requested amounts and pressures in most cases. Contrary to some statements, North
Weld is not required by statute or regulation to provide such flows. North Weld will provide
what is available in accordance with proper and prudent engineering practices such that
it does not endanger the infrastructure or water delivery system for the District.
Quite simply, North Weld, as a special statutory District, must comply with statutory
law as well as act in accordance with policies and procedures promulgated by its elected
Directors. Neither the statutes nor policies of the Directors require North Weld to comply
with the 1997 Uniform Fire Code as North Weld does not have the facilities or
infrastructure to comply. Accordingly, North Weld will always make best efforts to provide
fire flows but the amount, locations and all other features thereof shall be at the sole and
exclusive discretion of North Weld.
Due to the impossibilities of providing, in most cases, the flows and pressures under
the 1997 Uniform Fire Code, existing or proposed Comprehensive Plans, or existing or
proposed Building and Zoning Regulations, North Weld respectfully suggests that each
Fire District or County will have to provide variances to such regulations or codes if
adopted. This is permissible as the Board of County Commissioners of each County has
the authority to allow enforcement of the 1997 Uniform Fire Code with amendments. In
fact, Weld County has recently approved such an agreement with amendments with the
Windsor-Severance Fire Protection District.
If any County or Fire Protection District adopts the 1997 Uniform Fire Code without
any amendment concerning available supplies in amounts and pressures, it will be
incumbent upon you to require the developer to provide some type of storage facility with
pumping equipment to provide the required flows and pressures. The alternative is to
determine that if the development cannot meet the 1997 Uniform Fire Code, then the
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Larimer County Planning Department
Weld County Department of Planning Services
November 5, 2001
Page 3
development should not be approved if any Water District cannot provide the flows as
required under the Code or by any County action.
North Weld also has concerns regarding the location and spacing of water hydrants
as it appears that compliance with the 1997 Uniform Fire Code would result in numerous
dead water zones which will affect the quality of water provided to domestic users. Due
to economic limitations, North Weld is not in a position to flush hydrants or "dead water"
zones and it is also important for you to realize that flushing of hydrants requires a
substantial amount of water. If flushing is a requirement or if the development design
results in "dead zones", North Weld will require the developer to provide additional raw
water dedication. It will also be necessary to determine who will be responsible for flushing
and cleaning lines as North Weld will not provide this service.
I trust that this letter sets forth the position of North Weld but if it is unclear or if you
have any questions, please contact the undersigned.
Very truly yours,
LIND, LAWRENCE & OTTENHOFF LLP
Kenneth F. Lind
KFL/cg
pc: Board of Weld County Commissioners
Board of Larimer County Commissioners
Elco (East Larimer County Water District)
Loveland/Fort Collins Water District
Central Weld County Water District
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