HomeMy WebLinkAbout890420.tiff RESOLUTION
RE: CONSENT TO ENFORCEMENT OF RESOLUTION ADOPTING AMENDED UNIFORM
FIRE CODE BY LONGMONT FIRE PROTECTION DISTRICT WITHIN
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) , CRS, provides that a fire
code promulgated by a fire district may not be enforced in
unincorporated portions of Weld County without the consent of the
Weld County Board of Commissioners , and
WHEREAS, the Longmont Fire Protection District has presented
a resolution adopting amended fire codes and standards for
unincorporated portions of Weld County and requests consent to
enforce such codes and regulations in order to regulate conditions
hazardous to life and property from fire or explosion, and provide
for the issuance of permits for hazardous uses or operations ,
pursuant to Section 32-1-1002 (1) (d) , CRS, and
WHEREAS , this amended fire code proposal from the Longmont
Fire Protection District is generally consistent with the
guidelines set forth in the Model Fire Code adopted by the Board
on September 22 , 1986 , and
WHEREAS, after review, the Board deems it in the best
interests of the citizens of Weld County to consent to the
enforcement of 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
Commissioners 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.
i. ' • FPL'- 890420
Page 2
RE: AMENDED UNIFORM FIRE CODE - LONGMONT
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 15th day of
May, A.D. , 1989 .
BOARD OF COUNTY COMMISSIONERS
0
7iis �<"'14 e ktA'df'_ ��
"
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder /vY/I4 =J
and Clerk to the Board C.W Kir y, airman
irl_ �r a•que ne J nson, Pro-Tem
eputy County rk
EXCUSED DATE OF SIGNING - AYE
APPROVED AS TO FORM: Gene R. Brantner
)fr/
George cep y
ounty Attorney f �z'Go/ . la
i
890420
0O,1-- 0 mEmoRAnDum
wukTo Chuck Cunliffe Date May 3, 1989
COLORADO From Ed S tone rCP,
Subject: Uniform Fire Code Amendments for Longmont Fire
Protection District
I have reviewed the proposed amendments and I see no conflict between the
adoption of the Uniform Fire Code and these amendments and the enforcement
of the Weld County Building Code 0Oddiinnance.
Gf�GI`621 —II
890420
GRANT, BERNARD, LYONS Sc GADDIS
WALLACE H. GRANT ATTORNEYS AT LAW
DANIEL F. BERNARD DENVER OFFICE
RICHARD N. LYONS, II 515 KIMBARK STREET 1801 YORK STREET
JEFFREY J. KAHN POST OFFICE BOX 978 DENVER, COLORADO 80206
H. WILLIAM SIMS, JR. LONGMONT, COLORADO 80502-0078 13031 399-1122
JOHN W. GADDIS
LONGMONT (3031 776-9900 '" ".THOMAS J. OVERTON
SUZAN D. FRITCHEL DENVER METRO 13031 571-5506
BRETT J. LAMBERT
TELECOPIER 13031 772-6105
April 17, 1989
Lee Morrison, Esq.
Weld County Attorney's Office
P. 0. Box 1167
Greeley, Colorado 80632
Re: Longmont Fire Protection District
Dear Lee:
Enclosed is the latest version of the Longmont Fire Protection District's
Fire Code. The 1985 edition of the Uniform Fire Code has now been issued.
Therefore, the previously adopted fire code must be amended. Pursuant to
statute, this code must be approved by the Weld County Commissioners for it
to be effective in those portions of the District lying within Weld County.
If you have any questions, please feel free to contact me.
y yours,
Ric and N. Lyons, II
RNL:jlm
LFPD-L.MOR
Enclosure
cc: Longmont Fire Protection District
890420
FIRE CODE
LONGMONT FIRE PROTECTION DISTRICT
A RESOLUTION ADOPTING THE 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 Longmont Fire Protection District have
previously adopted the 1985 edition of the Uniform Fire Code in part; and
WHEREAS, the Board of Directors 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;
NOW, THEREFORE, BE IT RESOLVED THAT:
SECTION I: Adoption of Uniform Fire Code and Uniform Fire Code Standards.
There is hereby adopted by the Longmont 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, I-C, II-A, II-B, II-
C, II-D, II-E, III-A, III-B, III-C, III-D, IV-A, V-A, VI-A, VI-B, VI-D, VI-E,
and the Uniform Fire Code Standards, being particularly the 1988 edition
thereof modified, or amended by the 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 municipalities 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 limits of the Longmont Fire Protection District.
SECTION II: Establishment and Duties of Fire Prevention Inspectors.
Organizational structure and duties of the fire prevention bureau or
department, if any, shall be as provided by the District's bylaws.
890420
/
SECTION III: Definitions.
Wherever the word "District" is used, it shall mean the Longmont Fire
Protection District.
Wherever the word "jurisdiction" is used in the adopted Codes and Standards,
it is meant to be inclusive of the boundaries of the Longmont 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 Longmont Fire Protection District, or a
designated member of the District.
Where the term "Bureau of Fire Prevention" is used, it shall be held to mean
either the entire department or those employees designated by the Chief to
carry out enforcement duties relating to the prevention of fires and the
suppression of arson.
Where e term "Board" is use , it ro District.be held to mean the Board of
Directors of the Longmont Fire Potectio
term "Uifor Bilding de" is it be d mean
therUniformeBuildingnCodemasu amended Cond incorporated into 1 the lo Boulder/Weld
County Building Code.
SECTION IV: Storage of Flammable or Combustible Liquids Above Ground.
Boulder/Weld Counties or any municipality.
The District may prohibit above-ground storage of flammable orvalcombustible
by,u tible
liquids within its jurisdiction upon submission to and ap of the p
rgeographic careayormareasWincomissioerswhi husuch of Bolder aliimWtationsun are nd eld s proposed specific
�ftobe
prohibited.
This provision shall not
be
3 in rp et d asseq to
CRS.conflict with the provisions of
§ 8-29-101 et seq. , and §
SECTION V: Establishment of Limits in Which Storage of Liquified Petroleum,
Gases is to be Restricted.
The limits referred to in Section 82.104(a) of the Uniform Fire Code, in which
the storage of liquified petroleum gas is restricted, are hereby established
as follows: Cas ounties,addressedby unicipalities.inance or This zoning
s section tion shalldonot be
ntlrpreld
interpreted so as to be in onflict with the provisions of § 8-20-101 at seq.
and § 34-64-101 et seq. , CRS.
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89042O
,v
/ /SECTION VI: Establishment of Limits of Districts in Which Storage of
Explosives and Blasting Agents is to be Prohibited.
The limits referred to in Section 77-106(b) of the Uniform Fire Code, in which
storage of explosives and blasting agents is prohibited in the following
areas: municipalities and any area within the unincorporated parts of
Boulder/Weld counties within the fire protection district which are not zoned
industrial districts as defined by the Boulder/Weld County Zoning Regulation
or Ordinance or the zoning regulation or ordinance of any municipality.
SECTION VII. Amendments Made in the Uniform Fire Code.
The Uniform Fire Code is amended and changed in the following respects:
1 . That Article 78, pertaining to a ban on fireworks, be deleted in its
entirety and that § 12-28-101, et seq. , CRS as amended, pertaining to
fireworks, shall be the governing law as to fireworks within the
District. Further, the definition of "fireworks" contained in Section
9.108 and reference to Fireworks in Section 4. 108.f.1, be deleted.
2. That Article 2, Section 2.303 shall be amended by the deletion of
Section 2.303 in its entirety and by the insertion of the following:
"2.303 (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 submitted 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.
(b) The Board shall hear all such applications for a variance or
waiver and render its decision thereon in accordance 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 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."
3. That Section 2.106 of the Uniform Fire Code shall be amended to
read, "The authority of the Chief of the fire district or designated
members of the department to act as police officers shall only extend as
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far as the authority set forth in § 32-1-1002, CRS, or other applicable
state statutes."
4. Section 4. 108.b.1 and 4.108.b.3 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 regulations promulgated
under § 25-7-123, CRS, and regulated by the Boulder/Weld County Health
Department or municipal authorities."
5. Section 3.105 shall be added to read as follows: "This Article
shall be interpreted to be consistent with the provisions of § 32-1-
1002(3) , CRS.
6. Section 2. 108 shall be amended to read as follows: "This code shall
not 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. That the following be added as a new section:
2.206 Inspections.
"A. Pursuant to § 32-1-1002(1) (e) (II) CRS, 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."
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) , CRS. All inspections shall
be recorded in an inspection report.
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890420
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 the inspector and contain,
as a minimum, the following information:
a. Date of inspection;
b. Name/address of premises inspected;
c. Name of inspector;
d. Nature of violations, including specific reference to
section/subsections of code;
e. Date of compliance/reinspection;
f. Suggested methods of correction, if applicable;
g. Right to appeal to Board;
h. Consequences of failure to correct the violation.
3. a. An "Order for Immediate Correction of Hazard" may be issued by
the Chief:
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 c as o endanger not other
a propNotierhastybeen
s set
ther oforth in § 32-1-1002(3) ( ) ,
previously issued.
b. An Order shall be signed by the Chief 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;
v. Penalties for violation of order;
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vi . Signature of the Chief;
vii . Acknowledgement 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) , CRS, 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 district attorney of the county in which
the violation occurs.
8. An appeal shall suspend the time litis for compliance or correction
until the appeal is resolved for appeals of a Notice of Hazard which is
issued pursuant to Section VIII, paragraph 3(a) (i ) herein. An appeal of
an Order issued pursuant to Section VIII, paragraph 3(a) (ii) herein 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), CRS, 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) , CRS.
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.
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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 Longmont 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 Longmont Fire Protection District Board of Directors that
it would have passed all other portions of this resolution independent of
elimination herefrom of any such portion as may be declared invalid. It is
further the declaration of the Longmont 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.
SECTION XII: Date of effect.
This resolution shall take effect and be enforced within incorporated
municipalities and unincorporated portions of Boulder/Weld Counties from and
after its approval as set forth in § 32-1-1002(1) (d) , CRS.
Adopted this 23 day of February , 1989.
LONGMONT FIRE PROTECTION DISTRICT
R �By ATTEST:
Secretary
RNL:sd
LFPDP\LFPDFIRE.COD
02/17/89
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890420
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