HomeMy WebLinkAbout860923.tiff RESOLUTION
RE: CONSENT TO ENFORCEMENT OF RESOLUTION ADOPTING UNIFORM FIRE
CODE BY LONGMONT FIRE PROTECTION DISTRICT WITHIN UNINCOR-
PORATED PORTIONS OF WELD COUNTY
2 U WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
0, 0 Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
o
o WHEREAS, Section 32-1-1002 (1) (d) , CRS, provides that a fire
code promulgated by a fire district may not be enforced in
o al unincorporated portions of Weld County without the consent of the
• Weld County Board of Commissioners, and
O
w WHEREAS, the Longmont Fire Protection District has presented
cox 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
a property from fire or explosion, and provide for the issuance of
oa permits for hazardous uses or operations, pursuant to Section
co u 32-1-1002 (1) (d) , CRS , and
Lc) z
H
WHEREAS, this fire code proposal from the Longmont Fire
Protection District is consistent with the guidelines set forth in
a the Model Fire Code adopted by the Board on September 12 , 1983 ,
and
cow
co [Li
WHEREAS, after review, the Board deems it in the best
c z interests of the citizens of Weld County to consent to the above
N mentioned resolution , a copy of which is attached hereto and
incorporated herein by reference.
a
NOW, THEREFORE, BE IT RESOLVED by the Board of County
ON Commissioners of Weld County, Colorado, that the enforcement of
cv m the resolution as hereinabove mentioned, within the unincorporated
o portions of Weld County by the Longmont Fire Protection District
w a, be, and hereby is, consented to.
860923
Page 2
RE: FIRE CODE - LONGMONT FIRE PROTECTION DISTRICT
The above and foregoing Resolution was , on motion duly made
and seconded, adopted by the following vote on the 22nd day of
September, A.D. , 1986 .
ATTEST: f WELD BOARD
COUNT COUNTY
C• COMMIORADO
1, .
Weld Couk p" fit -Recorder
and Clerk t r ) •iacqu i Ch- ' rman
Jai
D pu - etk
APPRO F. AS TO(Fd03;hM: ene R. Br: tner
/tn�
C.W.im/� /
rby
County Att rney
B 1129 REC 02070824 09/25/86 10: 48 $0. 00 10/010
F 0831 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
860923
AK2U709r'4
FIRE CODE
LONGMONT FIRE PROTECTION DISTRICT
A RESOLUTION ADOPTING THE UNIFORM FIRE CODE, UNIFORM FIRE CODE STANDARDS,
AND THE LIFE SAFETY CODE, N.F. P.A. 101 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
o o District have previously adopted the 1982 edition of the Uniform
o Fire Code in part; and
•-io
U WHEREAS, the Board of Directors deems it necessary to adopt the
following code for the purpose of establishing rules of conduct and
o w standards for the protection of life, health, property, security and
0 3 welfare of the inhabitants of the District; and
o
WHEREAS, the Board of Directors has considered the effect of fire
code enforcement within the boundaries of the District and has de-
0
w termined that enforcement of the proposed codes would not cause
coo undue hardship or suppression of economic growth within the Dis-
`" trict; and
WHEREAS, the Board of Directors has studied the necessity for real-
VD I-1 istic and reasonable level of fire protection to he provided by a
co o rural fire protection district;
Ln z
• H NOW, THEREFORE, BE IT RESOLVED THAT:
\w
rnE
o a SECTION I : Adoption of Uniform Fire Code and Uniform Fire Code
Standards, and the Life Safety Code, NFPA 101.
Nw
0044
There is hereby adopted by the Longmont Fire Protection District for
o z the purpose of prescribing regulations governing conditions hazard-
CV KC ous to life and property from fire or explosion, that certain codes
o r 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, III-A, III-B, III—C,
a4 Z IV-A, V-A, VI-A, VI-C, VI-D, and the Uniform Fire Code Standards,
cA N being particularly the 1985 editions and the Life Safety Code, NFPA
H 101, 1985 edition thereof modified, or amended by this Resolution of
r' o which said code and Standards are now filed in the offices of the
w w 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
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.
o o SECTION III: Definitions.
ti
N o Wherever the word "District" is used, it shall mean The Longmont
Fire Protection District.
ca
o w Wherever the word "jurisdiction" is used in the adopted Codes and
0 3 Standards, it is meant to be inclusive of the boundaries of
o x the Longmont Fire Protection District as they now or may hereafter
w exist.
ra
a
o
Where the term "Chief" or "Chief of the Bureau of Fire Prevention"
co cc is used, it shall be held to mean the Chief of the Longmont Fire
v District, or a designated member of the District.
..
g Where the term "Bureau of Fire Prevention" is used, it shall be held
to mean either the entire department or those employees designated
co c..) by the Chief to carry out enforcement duties relating to the pre-
vention of fires and the suppression of arson.
H
CFI E, Where the term "Board" is used, it shall be held to mean the Board
o a of Directors of The Longmont Fire Protection District.
N w Wherever the term "Uniform Building Code" is used, it shall be held
CO w to mean the Uniform Building Code as amended and incorporated into
o z the Boulder/Weld County Building Code.
Na'
o SECTION IV: Storage of flammable or combustible liquids above
w ground.
a
a r, Boulder/Weld Counties or any municipality.
N N
ri o The District may prohibit above-ground storage of flammable or com-
w 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.
2
SECTION V: Establishment of limits in which storage of liquified
petroleum gases is to be restricted.
The limits referred to in Section 82. 105(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 Boulder/Weld Counties, or municipali-
ties. This section shall not be interpreted so as to be in conflict
O o with the provisions of Section 8-20-101 et seq. and Section 34-64-
v 101 et seq. , CRS.
en o SECTION VI : Establishment of limits of districts in which storage
of explosives and blasting agents is to be
prohibited.
O 3 The limits referred to in Section 77-106(b) of the Uniform Fire
o
Code, in which storage of explosives and blasting agents is prohib-
to-o w ited in the following areas: municipalities and any area within the
unincorporated parts of Boulder/Weld Counties within the fire pro-
tection district which are not zoned industrial districts as defined
by the Boulder/Weld County Zoning Regulation or Ordinance or the
m x zoning regulation or ordinance of any municipality.
•• w
SECTION VII : Amendments made in the Uniform Fire Code.
', x
ko a The Uniform Fire Code is amended and changed in the following re-
0D u spects:
� Z
O4 1-4
1. That Article 78, pertaining to a ban on fireworks, be
o deleted in its entirety and that Section 12-28-101, et seq. ,
CRS as amended, pertaining to fireworks, shall be the governing
o law as to fireworks within the District. Further, the defini-
co w tion of "fireworks" contained in Section 9. 108 and reference to
ro z Fireworks in Section 4. 101. 16, be deleted.
oz
o 4 2. That Article 2, Section 2.302 shall be amended by the
o deletion of Section 2.302 in its entirety and by the insertion
z of the following:
"2.302 (a) In addition to the authority of the Chief to
ei o modify provisions of this code as set forth in Section
2. 301, any owner, lessee, occupant or the authorized agent
w 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) 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
or authorized agent thereof, of any property, building or
00 structure, or any interested person directly affected by
-4O the application of this code . Said agreements may extend
the time for compliance with this code, and may contain
o such terms and conditions that the Board deems appropriate
to adequately protect the life, health, property, security
w and welfare of the general public.
e
03
R4 3. That Section 2. 105 of the Uniform Fire Code shall be
w amended to read, "The authority of the Chief of the fire dis-
trict or designated members of the department to act as police
0 officers shall only extend as far as the authority set forth in
coa
sr Section 32-1-1002, CRS, or other applicable state statutes."
o w 4. Section 4. 101.4 and 4. 101.6 shall both be amended by the
r+ x addition of a sentence reading as follows: "No such permit
shall be required where burning is regulated pursuant to regu-
mVD lations promulgated under Section 25-7-123, CRS, and regulated
by the Boulder/Weld County Health Department or municipal
N H authorities. "
\Gxl
o a 5. Section 3.105 shall be added to read as follows: "This
] Article shall be interpreted to be consistent with the provi-
sr sions of Section 32-1-1002(3), CRS.
cow
r- y 6. Section 2. 108 shall be amended to read as follows: "This
o z code shall not be construed to relieve from or lessen the re-
c.)o sponsibility of any person owning, operating or controlling any
w C4 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 inspec-
N N tion authorized by this code or any certificates of inspection
x100 issued under this code. "
Ho
w w 7. That the following be added as a new section:
2.205 Inspections
"A. Pursuant to Section 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:
4
(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 con-
struction of new structures, buildings, and
improvements.
OO
e4U
B. Said fees and charges may, in the discretion of
Ln o the Board, include a charge for reimbursement to
the District of any consultation fees, expenses or
costs incurred by the District in the performance
o of the inspections or review of the plans and
specifications. "
ox
w SECTION VIII : Enforcement Procedures and Appeals.
0
1. The Chief shall enforce this code and shall inspect or
m co cause to be inspected all buildings, structures, property,
v. premises, and public places, except the interior of any private
0 dwelling, in accordance with the procedures set forth in Sec-
tion 32-1-1002(3) , CRS. All inspections shall be recorded on
1/40
an inspection report.
co
in 2 2. A "Notice of Violation or Hazard" may be issued by the
FChief concerning violations or hazards which are not corrected
o on-site during an inspection. Said Notice shall be signed by
a the inspector and contain, as a minimum, the following informa-
vr
tion :
co fix]
co w
or z a. date of inspection;
oz
"' g< b. name/address of premises inspected;
U C4 c. name of inspector;
rn t.o d. nature of violations, including specific reference to
section/subsections of code;
+ o
co w 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:
5
i . for failure to correct a violation or hazard with-
in 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
o Uo especially liable to fire or is hazardous to the
safety of the occupants thereof, or which is so sit-
o uated as to endanger other property as set forth in
Section 32-1-1002(3)(c) , whether or not a Notice has
been previously issued.
a
o b. An Order shall be signed by the Chief and shall con-
o a tain, as a minimum, the following information:
v} w
a i . date of issuance;
o a ii . name/address of premises inspected;
" iii . nature of violation or hazard;
� x
a iv. time limit for correction;
VD
COU
v. right of appeal , if any, to the Board;
� z
H
co
H vi . right of appeal to the District Court and time
o w limit;
a
w
N w v. penalties for violation of order;
COw
N
z vi . signature of the Chief;
N
o vii . acknowledgement of receipt signed by owner,
o lessee, agent or other responsible person.
a
I- 4. An appeal of a Notice of Violation or Hazard may be made
C31N N to the Board by delivery to the Chief in writing a notice of
H CO o appeal within five days of the issuance of the Notice of Vio
w lation or Hazard. The appeal shall be heard at the next regu-
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.
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
must be in writing and filed with the Board within three days
of issuance of the Order.
6
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 recommenda-
tion by the Chief or upon its own motion, refer the matter to
o o the district attorney of the county in which the violation
H U occurs.
N o
v 8. An appeal shall suspend the time limits for compliance or
correction until the appeal is resolved for appeals of a Notice
o w of Violation or Hazard and of an Order for Immediate Correction
o 3 of Hazard which is issued pursuant to Section VIII, paragraph
o a 3(a) (i ) herein. An appeal of an Order issued pursuant to Sec-
ca.w tion VIII, paragraph 3(a) (ii ) herein shall not suspend the time
a limits for compliance or correction, and compliance or correc-
tion shall be made or rendered forthwith, unless the Order is
C4 suspended by the Board.
<r
" 'a SECTION IX: Penalties.
rmx
a1. Any owner, lessee, agent, or occupant of any building or
m a premises maintaining any condition likely to cause fire or to
constitute an additional fire hazard or any condition which
N H impedes or prevents the egress of persons from such building or
F premises in violation of the provisions of Section 32-1-
0 !n 1002(3), CRS, shall be deemed to be maintaining a fire hazard.
] Any person who violates any provision of said subsection 3 is
Ni•
N guilty of a misdemeanor and, upon conviction thereof, shall be
o w punished by a fine of not less than $50.00 or no more than
2 $250.00. Each day in which such violation occurs shall con-
CM stitute a separate violation of Section 32-1-1002(3) , CRS.
U a 2. The application of the above penalty shall not be con-
s strued to prevent the enforced removal or correction of pro-
hibited conditions or other injunctive relief.
01 CO
N N
.--1
CO SECTION X: Repeal of conflicting ordinances or resolutions.
w All former ordinances or resolutions enacted by the District or
parts thereof conflicting or inconsistent with the provisions of
this resolution or of the Code or standards hereby adopted are here-
by 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
7
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 here-
0 o from of any such portion as may be declared invalid. It is further
r10 the declaration of the Longmont Fire Protection District Board of
Directors that no provision of this resolution or the code or stan-
co o dards adopted herein be interpreted in conflict with existing State
law. In the event there is a conflict between State law and this
o code, State law shall take precedent. In the event there is a con-
0 3 flict between the standards or requirements of Life Safety Code
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-
cg vail .
0
SECTION XII: Date of effect.
too
•• w This resolution shall take effect and he enforced within incorpor-
ated municipalities and unincorporated portions of Boulder/Weld
w Counties from and after its approval as set forth in Section 32-1-
1/40 ,4 1002(1)(d) , CRS.
coo
vi z //
NH
Adopted this Re day of , 1986.
LONGMONT FIRE PROTECTION DISTRICT
wD
N
w [4
O
N By
o ?� ATTES •
w CFI CA
L /<
N
.-+ CO : h
. • ^.
ro tti
RNL:mj
LF PD
053086
8
GRANT, BERNARD Sc LYONS
WALLACE H. GRANT ATTORNEYS AT LAW
DANIEL F BERNARD HOWARD GRANT E906 I911906-19661
RICHARD N. LYONS SIB KIMBARK STREET JOHN 5. HOUGH (1918-19991
LISA K. SHIMFL POST OFFICE BOX 979 LONGMONT 13031 776-9900
JEFFREY J. KAHN LONGMONT, COLORADO 80302-0978 DENVER METRO (303) 671-5506
SUZAN 0. FRITCHEL
OF COUNSEL
WILLIAM J. MCCARREN
June 26, 1986
Lee Morrison, Esq. JUN 271986 IF I '
Office of County Attorney
Weld County L)
P. 0. Box 1948 AELD COUNTY
Greeley, Colorado 80632 T RNEY'S OFFICE
Re: Longmont Fire Protection District Fire Code
Dear Lee:
Enclosed is a copy of the Fire Code adopted by the Longmont Fire Protection
District on June 16, 1986. It is essentially in the identical form as the
previously-adopted Fire Code but contains the modification reflecting the
adoption of the 1985 edition of the Uniform Fire Code and also includes an
amendment providing for the payment of fees and charges for reviewing
complex developments. This new language is found on the bottom of page 4
and the top of page 5 of the proposed ordinance. Otherwise, the Code is
identical to that previously adopted and approved by Weld County.
If you have any substantive questions, please feel free to contact me. I
am sure that Fire Marshall Emerson or Chief Bierwiler at Longmont Fire
Protection District, telephone 772-0710, would appreciate knowing when this
matter would come before the County Commissioners.
Thank you for your cooperation in this matter.
<Very trulfr yo rs,
ch
ard N. Lyons
RNL:ms
LFPDP-L.MOR
Enclosure
cc: Longmont Fire Protection District
860923
Hello