HomeMy WebLinkAbout840286.tiff AR1980144
AR1978e.95 RESOLUTION
RE: CONSENT TO ENFORCEMENT OF RESOLUTION ADOPTING UNIFORM FIRE
CODE BY LONGMONT FIRE PROTECTION DISTRICT WITHIN UNINCOR-
PORATED PORTIONS OF WELD COUNTY
� o
u WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
o Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
o g
u)-
Q WHEREAS , Section 32-1-1002 (1) (d) , CRS , as amended, provides
o that a fire code promulgated by a fire district may not be en-
w forced in unincorporated portions of Weld County without the con-
N x sent of the Weld County Board of County Commissioners, and
WHEREAS , the Longmont Fire Protection District has presented
a resolution concerning its request to authorize enforcement of
era the fire codes and standards within unincorporated portions of
Z:-) Weld County in order to regulate conditions hazardous to life
H and property from fire or explosion, and provide for the issu-
• ance of permits for hazardous uses or operations , pursuant to
alp
ocn Section 32-1-1002 (1) (d) , CRS , as amended, and
WHEREAS , this fire code proposal from the Longmont Fire
'V ill H44Protection District is consistent with the guidelines set forth
in the Model Fire Code adopted on September 12 , 1983 , by this
z
m zz Board, and
ri
v a WHEREAS , after study and review, the Board deems it in the
a best interests of the citizens of Weld County to consent to the
above mentioned resolution, a copy of which is attached hereto
'42) and incorporated herein by reference.
o
O o
o NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado , that the enforcement of
the resolution as hereinabove mentioned, within the unincorporated
portions of Weld County by the Longmont Fire Protection District
be , and hereby is , consented to.
B 1041 REC 01978695 08/23/84 11 : 52 $0. 00 1/010
F 0158 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
S:Fire Control
840286
Page 2
N O RE : LONGMONT FIRE PROTECTION DISTRICT
0 U
0
\ o The above and foregoing Resolution was , on motion duly made
Ca and seconded, adopted by the following vote on the 15th day of
w August, A.D. , 1984.
o
/o
�#n)� (�Lf - } BOARD OF COUNTY COMMISSIONERS
vrWW ATTEST: �_ ^M"ytl4UPL,r✓ WELD COUNTY, COLORADO
x lY7 � �/
OO Weld County C erk and Recorder (p /-ra,a..�
a and Clerk to the
Bard Norman Carlson, Chairman
\\ --
in
r+ a Deputy County, Jerk IR
rl By: ne Joh s.n, Pro-Tem
APPROVED AS TO FORM: 1ADaoU
. Bra tner
cw
am
County Attorney uck Carlson
W }} / 7
oG f-- I, ty q .I hn T. Martin ooz rH i
0
U a
N d'
o VD B 1041 REC 01978695 08/23/84 11: 52 $0. 00 2/010
'-' o F 0159 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
W Gi
FIRE CODE
LONGMONT FIRE PROTECTION DISTRICT
N o
u (Revised 7/16/1984)
rn o
U
A RESOLUTION ADOPTING THE UNIFORM FIRE CODE, UNIFORM FIRE CODE STANDARDS,
a
3 AND THE LIFE SAFETY CODE, N.F. P.A. 101 PRESCRIBING REGULATIONS GOVERNING
0•
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 Longmont Fire Protection
District deems it necessary to adopt the following code for the
a purpose of establishing rules of conduct and standards for the pro-
tection of life , health, property, security and welfare of the in-
habitants of the District; and
a WHEREAS, the Board of Directors has considered the effect of fire
o
code enforcement within the boundaries of the District and has de-
in z termined that enforcement of the proposed codes would not cause
w undue hardship or suppression of economic growth within the Dis-
trict; and
o m
a
WHEREAS, the Board of Directors has studied the necessity for real-
istic and reasonable level of fire protection to be provided by a
o rural fire protection district;
00z
� z
TH
NOW, THEREFORE, BE IT RESOLVED THAT:
w 4 SECTION I: Adoption of Uniform Fire Code and Uniform Fire Code
z Standards, and the Life Safety Code, NFPA 101.
Nul
o LD There is hereby adopted by the Longmont Fire Protection District for
ri o the purpose of prescribing regulations governing conditions hazard-
w ous to life and property from fire or explosion, that certain codes
and standards known as the Uniform Fire Code, including Appendix
Chapters I-A, I -B, II-A, II-B, II-C, II-D, III-A, III-B, III-C,
IV-A, V-A, VI-A, VI-C, VI-D, and the Uniform Fire Code Standards,
being particularly the 1982 editions and the Life Safety Code, NFPA
101, 1981 edition thereof modified, or amended by this Resolution of
which said code and Standards are now filed in the offices of the
Longmont Fire Protection District, and the same are hereby adopted
and incorporated as fully as if set forth herein. The date on which
this Resolution shall take effect within the incorporated municipal-
ities within this District shall be the date of approval by the
governing board of said municipality and the date on which it shall
take effect within the unincorporated portions of Boulder/Weld
Counties shall be on the date of approval by the Boards of County
Commissioners in and for the Counties of Boulder/Weld, State of
Colorado. This Code shall be in effect within the territorial lim-
its of the Longmont Fire Protection District.
B 1041 REC 01978695 08/23/84 11 : 52 $0 . 00 3/010
F 0160 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
SECTION II : Establishment and duties of fire prevention inspectors.
Organizational structure and duties of the fire prevention bureau or
N o department, if any, shall be as provided by the District' s bylaws.
U
SECTION III : Definitions.
vro
Wherever the word "District" is used, it shall mean The Longmont
4 Fire Protection District.
a
ow
03
o• Wherever the word "jurisdiction" is used in the adopted Codes and
w Standards, it is meant to be inclusive of the boundaries of
a the Longmont Fire Protection District as they now or may hereafter
o exist.
z Where the term "Chief" or "Chief of the Bureau of Fire Prevention"
is used, it shall be held to mean the Chief of the Longmont Fire
x District, or a designated member of the District.•cra Where the term "Bureau of Fire Prevention" is used, it shall be held
co u to mean either the entire department or those employees designated
Z by the Chief to carry out enforcement duties relating to the pre-
• w vention of fires and the suppression of arson.
C
o w Where the term "Board" is used, it shall be held to mean the Board
of Directors of The Longmont Fire Protection District.
o▪ w Wherever the term "Uniform Building Code" is used, it shall be held
co z to mean the Uniform Building Code as amended and incorporated into
0
the Boulder/Weld County Building Code.
w SECTION IV: Storage of flammable or combustible liquids above
x ground.
N
o Boulder/Weld Counties or any municipality.
o
w w The District may prohibit above-ground storage of flammable or com-
bustible liquids within its jurisdiction upon submission to and
approval by, the respective county commissioners of Boulder and Weld
Counties of the specific geographic area or areas in which such
limitations are proposed to be prohibited.
This provision shall not be interpreted as to conflict with the
provisions of Section 8-20-101 et seq. , and Section 34-64-101 et
seq. , CRS.
B 1041 REC 01978695 08/23/84 11 : 52 $0. 00 4/010
F 0161 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
2
SECTION V: Establishment of limits in which storage of liquified
petroleum gases is to be restricted.
N
'-"' v The limits referred to in Section 82. 105( a ) of the Uniform Fire
Code, in which the storage of liquified petroleum gas is restricted,
oo are hereby established as follows: as addressed by any ordinance or
o zoning regulation adopted by Boulder/Weld Counties, or municipali-
0 w ties. This section shall not be interpreted so as to be in conflict
0 3 with the provisions of Section 8-20-101 et seq. and Section 34-64-
x 101 et seq. , CRS.
c&
oSECTION VI : Establishment of limits of districts in which storage
o
of explosives and blasting agents is to be prohibited
in x The limits referred to in Section 77-106(b) of the Uniform Fire
Code, in which storage of explosives and blasting agents is prohib-
ited in the following areas: municipalities and any area within the
aunincorporated parts of Boulder/Weld Counties within the fire pro-
tection district which are not zoned industrial districts as defined
co
by the Boulder/Weld County Zoning Regulation or Ordinance or the
H zoning regulation or ordinance of any municipality.
o m SECTION VII : Amendments made in the Uniform Fire Code.
x
"v w The Uniform Fire Code is amended and changed in the following re-
spects:
0
coz
°iz 1. That Article 78, pertaining to a ban on fireworks, be
o deleted in its entirety and that Section 12-28-101, et seq. ,
a CRS as amended, pertaining to fireworks, shall be the governing
w law as to fireworks within the District. Further, the defini-
tion of "fireworks" contained in Section 9.108 and reference to
<t o Fireworks in Section 4-101-13, be deleted.
o Vo
Ho
2. That Article 2, Section 2. 302 shall be amended by the
w w deletion of Section 2.302 in its entirety and by the insertion
of the following:
"2 .302 (a) In addition to the authority of the Chief to
modify provisions of this code as set forth in Section
2.301, any owner, lessee, occupant or the authorized agent
thereof, of any property, building or structure , or any
interested person directly affected by the application of
this code may apply in writing to the Board of Directors
of The Longmont Fire Protection District for a variance or
waiver of one or more provisions of this code where there
are practical difficulties in the application of this
code. The application for waiver or variance may be sub-
mitted to the Board in conjunction with, or independently
of, an appeal of any notice or order issued pursuant to
this code, statute or this resolution.
3
B 1041 REC 01978695 08/23/84 11 : 52 $0. 00 5/010
F 0162 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
(b) The Board shall hear all such applications for a vari-
ance or waiver and render its decision thereon in accor-
dance with its bylaws, rules and regulations.
(c) 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
(N O or authorized agent thereof, of any property, building or
structure, or any interested person directly affected by
o the application of this code. Said agreements may extend
co
the time for compliance with this code, and may contain
o such terms and conditions that the Board deems appropriate
w to adequately protect the life, health, property, security
o g and welfare of the general public.
o z
w 3. That Section 2. 105 of the Uniform Fire Code shall be
a amended to read, "The authority of the Chief of the fire dis-
3 trict or designated members of the department to act as police
z officers shall only extend as far as the authority set forth in
Section 32-1-1002, CRS, or other applicable state statutes."
i-Hx 4. Section 4. 101.4 and 4. 101.6 shall both be amended by the
addition of a sentence reading as follows: "No such permit
shall be required where burning is regulated pursuant to regu-
lations promulgated under Section 25-7-123, CRS, and regulated
o H by the Boulder/Weld County Health Department or municipal
authorities."
cn
0m
5. Section 3. 105 shall be added to read as follows: "This
w Article shall be interpreted to be consistent with the provi-
0
w sions of Section 32-1-1002(3) , CRS.
coz
z 6. Section 2.108 shall be amended to read as follows : "This
o code shall not be construed to relieve from or lessen the re-
a sponsibility of any person owning, operating or controlling any
w building or structure for any damages to persons or property
caused by defects or conditions, nor shall the Fire District be
o held as assuming any such liability by reason of this inspec-
o tion authorized by this code or any certificates of inspection
issued under this code."
w
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 Sec-
tion 32-1-1002(3) , CRS. All inspections shall be recorded on
an inspection report.
B 1041 REC 01978695 08/23/84 11 : 52 $0. 00 6/010
F 0163 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
4
2. A "Notice of Violation or Hazard" may be issued by the
Chief concerning violations or hazards which are not corrected
on-site during an inspection. Said Notice shall be signed by
o the inspector and contain, as a minimum, the following informa-
tion:
No
a. date of inspection;
Q
0 w b. name/address of premises inspected;
03
o w c. name of inspector;
a d . nature of violations, including specific reference to
O
w section/subsections of code;
� a
e. date of compliance/reinspection;
a f. suggested methods of correction, if applicable;
c U g. right to appeal to Board;
z
o H h. consequences of failure to correct the violation.
rn
0 a 3. a . An "Order for Immediate Correction of Hazard" may be
issued by the Chief:
cr
w i . for failure to correct a violation or hazard with-
00 z in the time specified in a previously issued Notice
of Violation or Hazard; or
w a ii . for violating the code or state statute and said
violation renders the building, structure or premises
N especially liable to fire or is hazardous to the
0 safety of the occupants thereof, or which is so sit-
2 o uated as to endanger other property as set forth in
w Section 32-1-1002(3)(c) , whether or not a Notice has
been previously issued.
b . An Order shall be signed by the Chief and shall con-
tain, 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;
5
B 1041 REC 01978695 08/23/84 11 : 52 $0 . 00 7/010
F 0164 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
vi . right of appeal to the District Court and time
limit;
v. penalties for violation of order;
vi . signature of the Chief;
c� O
~ vii . acknowledgement of receipt signed by owner ,
lessee, agent or other responsible person.
op o
U
4. An appeal of a Notice of Violation or Hazard may be made
o w to the Board by delivery to the Chief in writing a notice of
o z appeal within five days of the issuance of the Notice of Vio-
o a lation or Hazard. The appeal shall be heard at the next regu-
w lar 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.
� x
N 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 con-
cerning the same violation or hazard. An appeal of an Order
00 u must be in writing and filed with the Board within three days
in z of issuance of the Order.
HM 6. The Board shall hear all such appeals and application for
o x relief and render its decision thereon in accordance with its
bylaws, rules and regulations.
w
7. In the event no appeal is made to the Board pursuant to
m z this code and resolution or to the court pursuant to §32-1-
< 1002 (3 ) , CRS , and compliance with the Order and/or correction
0 of the hazard has not occurred, the Board may, upon recommenda-
w a tion by the Chief or upon its own motion, refer the matter to
the district attorney of the county in which the violation
N O occurs.
0 8. An appeal shall suspend the time limits for compliance or
m w correction until the appeal is resolved for appeals of a Notice
of Violation or Hazard and of an Order for Immediate Correction
of Hazard which is issued pursuant to Section VIII , paragraph
3 (a) ( i ) herein. An appeal of an Order issued pursuant to Sec-
tion VIII, paragraph 3(a)(ii ) herein shall not suspend the time
limits for compliance or correction, and compliance or correc-
tion 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
6
B 1041 REC 01978695 08/23/84 11 : 52 $0 . 00 8/010
F 0165 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
impedes or prevents the egress of persons from such building or
premises in violation of the provisions of Section 32-1-
1002 (3 ) , CRS, shall be deemed to be maintaining a fire hazard.
Any person who violates any provision of said subsection 3 is
cm o 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 con-
e) oo
stitute a separate violation of Section 32-1-1002(3) , CRS.
w 2. The application of the above penalty shall not be con-
0 w strued to prevent the enforced removal or correction of pro-
p hibited conditions or other injunctive relief.
w
a SECTION X: Repeal of conflicting ordinances or resolutions.
o
All former ordinances or resolutions enacted by the District or
in
parts thereof conflicting or inconsistent with the provisions of
•• this resolution or of the Code or standards hereby adopted are here-
x by repealed.
a
SECTION XI : Validity and Conflict.
U
o H The Longmont Fire Protection District Board of Directors hereby
Ceclare that should any section, paragraph, sentence or word of this
o resolution or of the code or standards hereby adopted be declared
w for any reason to be invalid, it is the intent of The Longmont Fire
a Protection District Board of Directors that it would have passed all
scr
other portions of this resolution independent of elimination here-
° from of any such portion as may be declared invalid. It is further
rn z the declaration of the Longmont Fire Protection District Board of
Directors that no provision of this resolution or the code or stan-
dards adopted herein be interpreted in conflict with existing State
a law. In the event there is a conflict between State law and this
code , State law shall take precedent. In the event there is a con-
(V H flict between the standards or requirements of Life Safety Code
au) N.F.P.A. 101 and the Uniform Building Code and/or the Uniform Fire
0 Code, the Uniform Building Code and/or Uniform Fire Code shall pre-
W w vail .
SECTION XII : Date of effect.
This resolution shall take effect ana be enforced within incorpor-
ated municipalities and unincorporated portions of Boulder/Weld
Counties from and after its approval as set forth in Section 32-1-
1002(1)(d) , CRS.
B 1041 REC 01978695 08/23/84 11 : 52 $0. 00 9/010
F 0166 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
7
Adopted this //lj day of , 1984.
LONGMONT FIRE PROTECTION DISTRICT
0o By /5/Zo2fi-46 +,d6
0O
H U
W ATTEST:
a
ow
a
oa
W- 41
a ecretary
0
U
w
in C:4
(seal )
—Ix
WV
� z
O H
cn
o
ocn
�r p
rH
w B 1041 REC 01978695 08/23/84 11 : 52 o F $0. 00 10/010
0167 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
co
z
0
0
N
U R.
ax
N N
d' H
Ol0
N O
W [Li
8
RESOLUTION NO. 84-157
REGARDING LONGMONT FIRE PROTECTION DISTRICT FIRE CODE
WHEREAS, Fire Protection District Boards have the authority to adopt
and enforce fire codes pursuant to Section 32-1-1002(1) (d) , C.R.S. (as
N O
o amended); and,
o WHEREAS, no such fire code adopted by a board of a fire protection
a
o w district shall apply within the unincorporated areas of said district
0
o a within Boulder County unless the Board of County Commissioners adopts a
W
a
resolution stating that such code or specific portions thereof shall be
U
in a applicable within its boundaries; and,
Lil
WHEREAS, pursuant to the provisions of Title 32, Article 1 , Section
d a 1002(1) (d) , Colorado Revised Statutes (as amended) , the Board of Directors
co u
z of the Longmont Fire Protection District (the "District" ) has adopted, by
O H
� W
o E written resolution dated July 16, 1984, the Uniform Fire Code, 1982 Edition,
CO
D including all appendix chapters excepting Appendix VI-B, and including
W
' the Uniform Fire Code Standards; and the Life Safety Code (NFPA #101) ,
z
2:1 '4 1981 Edition; and selected amendments thereto, including the provision
athat the Uniform Codes shall prevail over the Life Safety Code in cases
CV O1 of conflict; and,
1/4.0
H o WHEREAS, the District' s Resolution adopting said Fire Code is attached
mw
hereto as Appendix A and incorporated herein by this reference; and,
WHEREAS, the Board of Directors of Longmont Fire Protection District
has determined that said Fire Code is necessary and will promote the
health, safety, prosperity, security and general welfare of the inhabitants
of the District; and,
WHEREAS, the Board of Directors of Longmont Fire Protection District
has requested that the Board of County Commissioners of Boulder County
adopt a resolution stating that such Fire Code shall be applicable within
the portion of Boulder County that is within the District's boundaries; and,
WHEREAS, the proposed fire code has been submitted to the Fire
Code Review Committee for review and recommendations; and ,
WHEREAS , the Fire Code Review Committee recommends:
APPROVAL of the adoption of the proposed Fire Code as adopted
by the District's Board of Directors by resolution dated July 16, 1984.
WHEREAS, the Board of County Commissioners of Boulder County has
fully considered the testimony and other evidence presented to it in
this matter.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Boulder County, Colorado, that pursuant to the provisions of Title 32,
Article 1 , Section 1002(1)(d) Colorado Revised Statutes 1973, as amended,
N O
r o
o the Longmont Fire Protection District Fire Code consisting of the
N O
U Uniform Fire Code 1982 Edition, and the Life Safety Code (NFPA #101) ,4.1 0 3 and selected amendments thereto as contained within the resolution by
o
w the Board of Directors of the District dated July 16, 1984 and attached
in- as Appendix A shall be applicable within all unincorporated areas in
L the county which are also within the boundaries of the Longmont Fire
Protection District specifically contingent on the following conditions:
a 1. That it be the sole and exclusive responsibility of the Longmont
oo u
z Fire Protection District to enforce the Fire Code.
H
o m 2. That the approval of the Longnont Fire Protection District
- Fire Code does not extend to any subsequent alteration,
w
0 z modification, rescission, repeal , or amendment, in whole or in
z
o part, of the Longmont Fire Protection District Fire Code.
u
W Z
a
Motion to approve this solution was made by Commissioner t.C-
seconded by Corrmissioner
The roll having been called, the vote was as follows:
j.nzt /Lye_
LY� _ 1
(7�%tik�off, , Pal �, - /
DATED this /4144 /day of j� , 1984.
Board of County Commissioners
•
John P. rphy, Chairman t �/�
ATTEST: , ,
Clerk to the Board
Hello