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HomeMy WebLinkAbout840287.tiff AR19b24b9 RESOLUTION RE: APPROVAL OF RESOLUTION ADOPTING UNIFORM FIRE CODE FOR LA SALLE FIRE PROTECTION DISTRICT 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) , CRS, as amended, provides that a fire code promulgated by a fire district may not be en- forced in unincorporated portions of Weld County without the con- sent of the Weld County Board of County Commissioners, and WHEREAS, the La Salle Fire Protection District has presented a resolution concerning its request to authorize enforcement of the fire codes and standards within unincorporated portions of Weld County in order to regulate conditions hazardous to life and property from fire or explosion, and provide for the issu- ance of permits for hazardous uses or operation, pursuant to Section 32-1-1002 (1) (d) , CRS, as amended, and WHEREAS, this fire code proposal from the La Salle Fire Protection District is consistent with the guidelines set forth in the Model Fire Code adopted on September 12 , 1983, by this Board, and WHEREAS, after study and review, the Board deems it in the best interests of the citizens of Weld County to approve the above mentioned resolution, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the resolution as here- inabove mentioned, for the La Salle Fire Protection District be, and hereby is, approved. B 1026 REC 01962469 04/10/84 15: 31 $0. 00 1/006 F 1260 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO S:Fire Control 840287 Page 2 RE: LA SALLE FIRE PROTECTION DISTRICT The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 2nd day of April, A.D. , 1984 . �-y�� n BOARD OF COUNTY COMMISSIONERS ATTEST: IV ((,�,tcJ. l.n�v4 WELD COUNTY, COLORADO Weld County Clerk and Recorder t L.. i-+-4i and Clerk to the Board Norman Carlson, Chairman By: e�$uty County Clerk J. qu ne J h son, Pro-Tem W O ' , 4-n APPROVED AS TO„ WORM: ici ene R. Brantner EXCUSED Coun y Att rney Chuck Carlson inJ T. Martin( B 1026 REC 01962469 04/10/84 15: 31 $0 . 00 2/006 F 1261 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 040984 LA SALLE FIRE PROTECTION DISTRICT A RESOLUTION ADOPTING THE UNIFORM FIRE CODE, AND THE 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. SECTION I: Adoption of the Uniform Fire Code and Uniform Fire Code Standards: There is hereby adopted by the LaSalle Fire Protection District, for the purpose of prescribing regulations governing conditions hazardous 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 particularaly the 1982 editions thereof and the whole thereof, save and except such portions are hereinafter deleted, modified, or amended by this Resolution of which said Code and Standards are now 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 any incorporated municipality within the LaSalle Fire Proirc.Lion District shall be the date of approval by the governing body of said municipality and the date on which it shall take effect within the incorporated portions of Weld County 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 LaSalle Fire Protection District. SECTION II: Establishment and duties of Fire Prevention Inspectors: The Uniform Fire Code and related Standards shall be enforced by the Fire Prevention Inspectors in the fire department of the LaSalle Fire Protection District which is hereby established and which shall be operated under the supervision of the Chief of the LaSalle Fire Department. The Chief of the LaSalle Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the LaSalle Fire Protection District Board of Directors the employment of any additional techinical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Fire Department, and appointments made after examination shall be for an indefinite term with removal only for cause. SECTION III: Definitions: Wherever the word "jurisdiction" is used in the Uniform Fire Code, it is meant to be inclusive of the current boundaries of the LaSalle Fire Protection District. Where the term "Chief of the Bureau of Fire Prevention" is used, it shall be held to mean the Chief of the LaSalle Fire Department. B 1026 REC 01962469 04/10/84 15 : 31 $0. 00 3/006 F 1262 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, c006 Where the term "Bureau of Fire Prevention" is used, it shall be • held to mean those members and employees designated by the Chief of the LaSalle Fire Department to carry out enforcement duties related to the prevention of fires and the suppression of arson. Wherenever the term"Uniform Building Code" is used, it shall be held to mean the Uniform Building Code as amended and incorporated into the Weld County Building Code, except for the incorporated areas of the Town of LaSalle, which shall use the Uniform Building Code of that municipality as amended and enforced by those inspectors contracted to perform inspections within the LaSalle corporate limits. SECTION IV: Establishment of limits of districts in which storage of Flammable or Combustible Liquids in outside above ground tanks is prohibited: The storage of Flamm able or Combustible Liquids in outside above-ground tanks is prohibited within the following limits: 1. Within the corporate boundries of the Town of LaSalle; 2. Within fifty (50) feet of any residential structure. This provision shall not be interpreted so as to conflict with the provisions of Colorado Revised Statutes 1973 Title 8, Article 20 or Title 34, as amended. SECTION V: Estiblishment of limits in which storage of Liquified Petroleum Gases is to be restricted: The limits referred to in Section 82.1O5(a) of the Uniform Fire Code, in which the storage of Liquified Petroleum Gas is restricted, are hereby established as follows: as addressed by any ordinance or zoning regulation adopted by Weld County or the Town of LaSalle. This section shall not be interpreted so as to be in conflict with the provisions of Colorado Revised Statutes 1973, Title 8, Article 20 or Title 34, as amended. SECTION VI: Establishment of limits of districts in which storage of Explosives and Blasting Agents is to be prohibited: The limits referred to in Set ion 77-1O6(b) of the Uniform Fire Code, in which storage of Explosives and Blasting Agents is prohibited in the following areas: 1. Within the corporate boundries of the Town of LaSalle; 2. Any area within the unincorporated parts of Weld County within the Fire District which are not zoned industrial Districts as defined by the Weld County Zoning Ordinance. SECTION VII: Amendments made in the Uniform Fire Code: 1. That Article 78, pertaining to a ban on fireworks, be deleted -2- B 1026 REC 01962469 04/10/84 15: 31 $0 . 00 4/006 z+ i fCC MaPV aMM FF.TTRRSTF.TN CLERK & RECORDER WELD CO, CO in its entirety and that Colorado Revised Statutes 1973, 12-28-101, et seq. , as amended, pertaining to fireworks, shall be the governing law as to fireworks within the Fire District. Further, the definition of "fireworks" contained in Section 9.108 and reference to Fireworks in Section 4.101(16), be deleted. 2. That Article 2, Section 2.302 entitled Board of appeals shall be amended by the addition of a statement providing that "Appeals from an order of the Chief or any designated member of a fire department requiring the removal or remedy of conditions dangerous to the safety of persons or property, as more fully set forth in Colorado Revised Statutes 1973, 32-1-1002(3) , shall be according to the procedures set forth therein." 3. That Section 2.105 of the Uniform Fire Code shall be amended to read, "The authority of the Chief of the Fire Department or designated members of the Fire Department to act as police officers shall only extend as far as the authority set forth in Colorado Revised Statutes 1973, 32-1-1002, as amended, or other applicable state statute." 4. Section 4.101(4) and 4.101(6) shall both be amended by the addition of a sentence reading as follows: "Np such permit shall be required where burning is regulated pursuant to regulations promulgated under Coloracb Revised Statutes 1973, 25-7-123 and regulated by the Weld County Health Department." 5. Section 3.105 shall be added to read as follows: "This Article shall be interpreted to be consistent with the provisions of Coloracb Revised Statutes 1973, 32-1-1002(3) ." 6. Section 2.108 shall be amended to read as follows: "This Code shall rot be construed to relieve from or lessen the responsibility of any person owning, operating, or controlling any building or structure for any damages to persons or property caused by defects or conditions, nor shall the Fire District be held as assuming any such liability by reason of this inspection authorized by this Code or any certificates of inspection issued under this Code." 7. Section 2.303(b) shall be amended so that the last sentence of the paragraph shall read as follows: "The folliwng standards are intended for use as a guide only in the design, fabrication, testing and use of equipment regulated by this code." SECTION VIII: Appeals: Whenever the Chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intended meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the Board of Appeals, LaSalle Fire Protection District, 118 Main Street, LaSalle, Coloracb 80645 within thirty days from the date of decision appealed. Appeals from an order of the Chief or any designated member of the Fire Department requiring the removal or remedy of conditions dangerous to the safety of persons or property, as more fully set forth in Colorado Revised Statutes 1973, 32-1-1002(3) (c) , shall be according to the procedures set forth therein. -3- B 1026 REC 01962469 04/10/84 15: 31 $0. 00 5/006 t,rr1FDc'PFTN ("T.R.RE' F, RECORDER WELD CO, CO SECTION IX: Penalties: e 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 Colorado Revised Statutes 1973, 32-1-1002(3) 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 confiction thereof, shall be punished by a fine of not less than $50.00 or nomore than $250.00. Each day in which usch violation occurs shall constitute a separate violation of 32-1-1002(3) . 2. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION X: Repeal of conflicting ordinances or resolutions: All former ordinances or resolutions enacted by the Fire District or parts thereof conflicting or inconsistent with the provisions of this resolution or of the Code or Standards hereby adopted are hereby repealed." SECTION IX: Validity: The LaSalle Fire Protection District Board of Directors hereby declares 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 LaSalle Fire Protection District Board of Directors that it would have passed all other portions of this resolution independent of that elimination herefrom of any such portion as may be declared invalid. It is further the declaration of the LaSalle Fire Protection District Board of Directors that no provision of this resolution or the Code of 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. 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 CRS 1973, 32-1-1002(1) (d) . PASSED AND ADOPTED, SIGNED AND APPROVED by the LaSalle Fire Protection District Board of Directors at a special meeting held for this purpose this 24th day of March, 1984. LaSa Fire Prluectio District Board BY V/va-_ bert Sandau, President A ATTEST: Charles B. Dickson,' secretary B 1026 REC 01962469 04/10/84 15: 31 $0. 00 6/006 F 1265 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO mEmoRAnDum 1119€ To The Board Date April 2 , 1984 COLORADO From Clerk to the Board ' s Office Subject: Uniform Fire Code - La Salle Fire Protection Dist . Lee Morrison reviewed the Uniform Fire Code from the La Salle Fire Protection District. He said it is consistent with the Weld County Model Code with only one exception in Section VII (7) , where they added the word, "only" to Section 2. 303 (b) . Lee said his recommendation is that the Board consent to the use of the La Salle Fire Protection District Fire Code in the unincor- porated portions of Weld County included within the District. Thank you, Hello