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Home My WebLink About891519.tiff LAW OFFICE of JOHN R. DENT ASSOCIATE:CAROLYN J.FITCH- -- 616 Denver Avenue PARALEGAL ASSISTANT P.O.Box 333 SHERRY D.WHITE ;- i Fort Lupton,CO 80621 (303)857-4667 Metro Denver(303)659-2028 July 12 , 1989 Weld County Commissioners % Clerk of the Board of Commissioners P.O. Box 758 Greeley , CO 80632 RE : FORT LUPTON FIRE DEPARTMENT Dear Clerk : I am enclosing a certified copy of the Minutes for the Fort Lupton Fire Protection District for the meeting at which the District adopted the 1988 edition of the Uniform Fire Code . Also enclosed is the Resolution of Adoption. Sine rely , herry e WhLte sdw: br enc : =T °D� - 891519 CERTIFIED COPY OF MINUTES State of Colorado ) ss. County of Weld I, Delbert Fast, being first duly sworn, depose and say that I am the secretary of the Fort Lupton Fire Protection District, a Colorado corporation; that I have the custody of the books and records of said corporation; that attached hereto is a true and correct copy of the minutes of the board of directors of said corporation adopted at duly convened meeting held at the administrative board room of the Fort Lupton Fire Protection District's administrative office, 1121 Denver Avenue, Fort Lupton, Colorado on April 27, 1989; that said action of the directors is still in force and effect and has not been modified or repealed. In witness whereof I have affixed my hand and the seal of the corporation hereunto this 31st day of May, 1989. (Seal) Secretary Subscribed and sworn to before me this 31st day of May, 1989 by the above-named person. Witness my hand and official seal. My Commission expires: May 6, 1992 My Address is: 4475 WCR 23 Fort Lupton, CO 80621 / 17,7 Notary Public (Seal) FORT LUPTON FIRE PROTECTION DISTRICT DISTRICT BOARD MEETING April 27, 1989 The meeting of the District Board was called to order by President McPherson at 7:58 P.M. at the administrative board room of the Fort Lupton Fire Protection District offices by President Don McPherson. Those present at roll call were: Don McPherson , Victor Rangel , Alvin Dechant , Phil Gabel and Delbert Fast. Others present were Nona Schaefer, John Dent , Chuck Rankin, Larry Richardson and other community members and firemen. President Mcpherson called for items to be added to the agenda and/or to the published agenda. No one had any items to add. President McPherson asked for any additions or corrections to the previous minutes. No one had any amendments; therefore, the minutes were declared approved as presented by President McPherson. The bills for February and March were then discussed. Phil Gabel made the motion to ratify the bills for February and March of 1909. Alvin Dechant seconded the motion and all members voted aye. The bills for February and March were ratified. Under Old Business, Don McPherson presented the bids for the remodeling of the garage area. The only bid received was from Janssen Construction with a base bid of $11 ,995.00. Bid item #3 for remodeling the current restroom into a handicap restroom was $2,645. 00. Bid item #4 changing the light switches was $330.00. The bid item for the optional exit door was included in the base bid instead of being bid separately. Victor Rangel and Phil Gabel would like to include the optional second exit as an extra safety precaution. After some discussion , Delbert Fast made the motion to accept the base bid, deduct the optional second exit , and include the electrical bid of $330. On roll call vote Don McPherson, Alvin Dechant, Delbert Fast, and Phil Gabel voted aye. Victor Rangel voted nay. The motion carried. Delbert will have Bud Janssen list the bid on the second exit for further consideration and possible inclusion at a later date. Phil Gabel reported his findings regarding insurance on Brad Brown 's tools. The mechanics at F'urifoy 's do not carry any insurance on their tools due to the cost of insurance. Phil talked to Dennis Gesterling who suggested that the District could carry extra insurance on contents through our insurance company. It was the consensus of the Board not to carry any extra insurance on Brad 's tools; however , if they should be stolen, the District will reimburse Brad. Brad is to give an itemized list of his personal tools and equipment to the Board. Fort Lupton Fire Protec . _on District April 27, 1989 District Board Minutes Page 2 John Dent gave his report on Central Weld Water District. He has presented the amended contract to Central Weld 's board of directors. They met Thursday, April 20, 1989 but have not confirmed the contract with John. John called and talked to their secretary and she thought they had approved the amended contract. John Dent left word for John Zadel to call him. There was no new business to discuss. Fire Chief Rankin gave his report. The weed trucks, Unit 312 and Unit 313, are burning oil , both have low compression, and poor brakes. The radio is out in Unit 313 and the suction is out on the pump on Unit 312. The fire department is having trouble getting replacement parts for these units as they are the oldest units in the department and were acquired from the Army. Because they are getting to be such high maintainence items, the Chief wanted the Board to be prepared to replace these trucks in the near future. The Board wanted to know if the Chief thought it best to replace these trucks now instead of purchasing a new pumper truck. The Chief felt next year would be soon enough , but to plan on replacement for next year. Don advised the Chief that the fire department was responsible for making the final decisions regarding equipment and to discuss their feelings with the District Board committee, Alvin Dechant and Phil Gabel . The Chief would like to put a fire alarm system in the fire hall that would alert P.D. or dispatching should there be a fire in the fire hall when no one was around. He stated he happened to be in the fire hall when Paramedic 3's ambulance overheated and caught fire. He realized the same thing could happen to one of the fire trucks and felt it was necessary to install an alarm system. The Board advised the Chief to present some bids to them at the next board meeting. Fire Marshal Richardson asked the Board for a decision regarding the 1988 Uniform Fire Code. Delbert Fast made the motion to adopt the 1988 Uniform Fire Code excluding Section 4. 101 pertaining to permits. Phil Gabel seconded the motion. On roll call vote, all members voted aye passing the motion. John Dent is to draw up the resolution to present to Weld County and City of Fort Lupton. Larry also asked the Board 's permission to take his vacation from May 29, 1989 to June 12, 1989. The Board approved his request. Chief Rankin read Brad Brown 's maintainence report. Brad had to overhaul the transfer case on Unit 303. This is the Department 's newest truck; therefore, Brad is researching the possibility of a defective transfer case. Rockwell International seems to think there is a problem with the repair work done and Drive Train Industries seems to think there is a design problem with the transfer case. Alvin Dechant advised is very he firemen to be more careful when shifting this unit as this type difficult to shift. Fort L:Tton Fire Protec ar. District April 27, 1989 District Board Minutes Page 3 - IBM, through the efforts of Larry Weber and Tim Schmidt , donated $4,500.00 worth of computer equipment to the fire department. The Department is going to send them a plaque in recognition of their donation. Brad has begun the lawn care. The John Deere lawnmower was purchased this past week for $450. 00. Brad purchased fertilizer and will apply it next week. President McPherson presented his report. The City of Fort Lupton voted to send a letter of intent to the E911 Authority Board requesting their own module and dispatching system. He read an invitation from the Division of Local Government on a budget workshop to be held May 24, 1989 at the Holiday Inn at I-70 and Chambers Road. Anyone interested in going is to contact Nona Schaefer by May 10, 1989. Under Other and Visitors, Nona Schaefer thanked the Board for the flowers she received in recognition of Secretary 's Week. Having no further business to come before the Board , Alvin Dechant made the motion to adjourn. Victor Rangel seconded the motion and all members voted aye. The meeting adjourned at 9:25 P.M. President McPherson found a bill he needed to discuss and reconvened the meeting at 9: 26 P. M. He presented a bill from Purifoy Chevrolet for repair of a car that was damaged in an accident with the chief 's blazer. Alvin Dechant made the motion to pay the bill but the motion died for a lack of a second. Delbert Fast recommended that the bill go through the normal process and he would approve it at that time. Having no further business to come before the Board, Alvin Dechant made the motion to adjourn. Victor Rangel seconded the motion and all members voted aye. The meeting adjourned at 9: 27 P. M. A RESOLUTION ADOPTING THE 1968 UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION , PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS, AND ESTABLISHMENT OF THE DUTIES OF FIRE PREVENTION INSPECTOR AND DEFINING THEIR POWERS Be it ordained by the Fort Lupton Fire Protection District Sec . 1 . ADOPTION OF UNIFORM FIRE CODE. There is hereby adopted by the Members of the Board of the Fort Lupton Fire Protection District for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion , that certain Code and Standards known as the 1988 Uniform Fire Code , including all Appendixes and the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials , being particularly the 1986 editions thereof and the whole thereof , save and except such portions as are hereinafter deleted , modified or amended by Section 7 of this resolution of which Code and Standards , a copy has been and is now filed in the • office of the Fort Lupton Fire Protection District and the same are hereby adopted and incorporated as fully as if set out at length herein , and from the date on which this resolution shall take effect , the provision thereof shall be controlling within_ .the limits of the Fort Lupton Fire Protection District . Sec. 2 . DEFINITION AND ESTABLISHMENT OF DUTIES OF FIRE PREVENTION INSPECTORS (a) The Uniform Fire Code shall be enforced by the Fire Marshal and fire prevention inspectors in the fire department of the Fort Lupton Fire Protection District which organizational structure shall - be as provided by the District ' s By-Laws and which shall be operated under the supervision of the chief of the Fire Department . (b) The Fire Marshal shall be appointed by the Fort Lupton • Fire Protection District . (c) The Chief of the 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 Fort Lupton Fire Protection District the employment of technical inspectors , who , shall be selected by the Chief of the Fire Department . Appointments shall be for an indefinite term with - — -removal - at the sole discretion of the Fire Chief subject to the • ratification of the District Board o3 tiTrecfors with or without cause . • See. 3 . DEFINITIONS OF WORDS USED IN TIIE ADOPTED CODES AND STANDARDS. Whenever the word "District " is used , it shall mean The Fort Lupton Fire Protection District . Whenever the word " jurisdiction" is used it is meant to be inclusive of the boundaries of the Fort Lupton 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 Fort Lupton Fire Department . Where the term "Bureau of Fire Prevention" is used , it shall be held to mean either the entire department , the Fire Marshal or the fire prevention inspector designated by the Chief to carry out enforcement duties relating to the prevention of fires and the suppression of arson . Where the term "Board" is used , it shall be held to mean the Board of Directors of The Fort Lupton Fire Protection District . Wherever 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 or the Fort Lupton Municipal Code , whichever shall be applicable. - SECTION 4. RETROACTIVITY- Existing structures , facilities and installations as may be covered by regulations promulgated under the authority of this Act in service or under construction as or the effective date of this Act and which are not in strict compliance with the terms of this Act , may be continued or placed in use provided these do not constitute a distinct hazard to life or adjoining property . When the Chief or Fire Marshal deems that the continued use will constitute a distinct hazard to life or adjoining property , he shall notify the owner or operator and specify reason in writing , pursuant to the requirement of the Code and as herein provided . SECTION 5. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TAMES IS PROHIBITED. The Limits referred to in Section 79 . 501 of the Uniform Fire Code in which the storage of flammable or combustible liquids is restricted are hereby established as follows : The storage of Class I ,or Class II liquids in aboveground tanks outside of buildints is prohibited within the limits of the City of Fort Lupton is shall be established by the City of Fort Lupton Planning and Zoning Ordinance 518 , and in any heavily populated and `�• congested commercial area outside the Fort Lupton city limits as ) designated by the Fire Chief or Fire Marshal but within the Fort Lupton Fire Protection District Boundaries , or as designated by the the Fort Lupton Fire Protection District Board . ( This provision shall not be Interpreted as to conflict with the provisions of Section 8-20-101 et seq . , and Section 94-64-101 et seq . , CRS . SECTION 6. ESTABLISHMENTS OF LIMITS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred to in Section 82 . 104 (a ) of the Uniform Fire Code , in which storage of the liquefied petroleum gas is restricted , are hereby established as follows : The storage of liquefied petroleum gases shall be resricted within the limits of the City of Fort Lupton as shall be established by the City of Fort Lupton Planning and Zoning Ordinance 518 and in any heavily populated and congested commercial area outside the Fort Lupton City limits but within the Fort Lupton Fire Protection District boundaries as designated by the Fort Lupton Fire Protection District Board, Fire Chief , or Fire Marshal . SECTION 7 . ESTABLISHMENTS 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 , are hereby established as follows : The storage of —explosives and blasting agents shall be prohibited within the limits of the City of Fort Lupton . Territory outside of the boundaries of the City of Fort Lupton yet within the boundaries established by the Fort Lupton Fire Protection District shall be regulated through the issuance of permits upon application for same provided by and submitted to the Fire Marshal of the Fort Lupton Fire Protection District . SECTION 8. 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 Section 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. 108f . 1 , be deleted 2 . That Article 2 , Section 2 . 302 shall be amended by the deletion of Section 2 . 302 in its entirety and by the iovrtion 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 Fort Lupton 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 , the Fire Marshal , 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 . 105 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 far as the authority set forth in Section 32-1-1002 ( 3) , CRS , or other applicable state statutes ." 4 . Section 3 . 105 shall be added to read as follows : "This Article shall be interpreted to be consistent with the provisions of Section 32-1-1002( 3) , CRS . 5 . Section 2 . 108 shall be amended to read as follows : "The 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 . " 8. That the following be added as a new section: • a : 2 .201 Inspections . (Cr‘ Pursuant to Section 32-1-1002( 1 ) (e) ( Il ) C.R.B . , the Board may fix and from time to time may increase or decrease 4 ' fees and charges , in its discretion , for inspections and .14 ¢�NY'+nr'+'wrwnw vA.... , ., ...n.. .n .• s..�..-r:r review of plans and specifications which are : ( 1 ) Requested or mandated for existing structures , buildings , and improvements ; and ( 2) Necessitated in conjunction with any city or county regulation , resolution , or condition of development ; or ( 3 ) Performed in conjunction with the construction of new structures , building , 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 . " 7 . Article 4 , shall be hereby deleted from the 1988 Uniform Fire Code . All related references to Article 4 shall also be deleted. SECTION 9 . ENFORCEMENT PROCEDURES AND APPEALS. 1 . The Chief or the Fire Marshal 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 Section 32-1-1002( 3) , CRS. All inspections shall be recorded in an inspection report . 2. A "Notice of Violation or Hazard" may be issued by the Chief or Fire Marshal concerning violations or hazards which are not corrected on-site during an inspection. Said Notice shall be signed by the Chief or Fire Marshal 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 ; --- $.--- right to appeal to Fort Lupton Fire Protection • District Board; h. consequences of failure to correct the violation . An "Order for Immediate Correction of Hazard" may be ° #1f�� issued by the Chief or Fire Marshal : 'TLS ' i rYE' 'rex •its°u t I . for failure to correct 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 , sructure , or premises especially liable to fire or is hazardous to the safety of the occupants thereof , or which is so situated as to endanger other property as set forth in C.R.S . Section 32-1-1002 ( 3 ) ( c) , whether or not a Notice has been previously issued . • b. An Order shall be signed by the Chief or Fire Marshal 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 ; • vi . signature of the Chief or Fire Marshal ; 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 delivering to the Chief or Fire Marshal 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 at a 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 applications for relief and render its decision thereon in accordance with __ _•� _—i•te..by.lawsr-Fules ,--and regulations . 7. In the event no appeal is made to the Board pursuant to thip code and resolution , or to the Court , pursuant to 482-1- 1$2( 3) , CRS, and compliance with the Order and/or correction s41 , . of he hazard has not occurred , the Board may , upon . recommendation by the Chief , the Fire Marshal , or upon its a ;.,j,,.,mr n 1 � own motion , refer the matter to the district attorney of the county in which the violation occurs . B . An appeal shall suspend the time limits for compliance or correction until the appeal is resolved with respect to appeals of a Notice of Violation or Hazard and of an Order for Immediate Correction of Hazard which is issued pursuant to Section 9 , paragraph 3(a) ( i ) herein . An appeal of an Order issued pursuant to Section 9 , 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. 9 . Whenever the Chief or Fire Marshal 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 intent and meaning of the code have been misconstrued or wrongly interpreted , the applicant may appeal from the decision of the Chief or Fire Marshal to the Fort • Lupton Fire Protection District Board within 30 days from the date of the decision appealed. SECTION 10. NEW MATERIALS PROCESSES OR OCCUPANCIES WHICH MAY • • REQUIRE PERMITS. The President of the Fort Lupton Fire Protection District Board, the Fire Chief , and the Fire Marshal shall act as a committee to determine and specify , after giving affected persons an opportunity to be heard, any new materials , processes or occupancies for which permits shall be required in addition to those now enumerated in said code . The Fire Marshal or the Chief of the Fire Protection District shall post such list in a conspicuous place in his office , and distribute copies thereof to interested persons . SECTION 11. PENALTIES (a) Any person who shall violate any of the provisions of this Code or Standards hereby adopted or fail to comply therewith , or who shall violate or fail to comply with any order made thereunder , or who shall build in violation of any detailed statements of specifications or plans submitted and approved thereunder , or any certificate or permit issued thereunder , and from which no appeal has been taken , or who shall fail to comply ' with such an order as affirmed or modified by the Fort Lupton Fire District Board or by a Court of competent jurisdiction , within the time fixed herein , shall severally for each and every such violatikn and noncompliance , respectively , be guilty of a . '• ' misdemeanor , punishable by a fine of not more than $300.00 or by imprisonment for no more than 90 days or by both such fine and • ra imprisonment . The imposition of one penalty for any violation P ''kJd 0y r . ' . xr � J-y& !f i;1:81�1'�'�Ip:iS.iJ. .� .. .. • � .f,'. '•Y"6"f'Ti; _ G. shall not excuse the violation or permit it to continue ; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time ; and when not otherwise specified , each ten days that prohibited conditions are maintained shall constitute a separate offense . (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions . by ande)throughrtheent of Countythe Courtoofsions herein shall be provided Weld County . SECTION 12. REPEAL OF CONFLICTING RESOLUTIONS. All former resolutions for adoption of the Uniform Fire Code or parts thereof conflicting or inconsistent with the provisions of this resolution or of the Code or Standards hereby adopted are hereby repealed . SECTION 13. VALIDITY. The Fort Lupton 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 Fort Lupton Fire Protection District Board that it would have passed all other portions of this resolution independent declared f the elimination herefrom or any such portion as may be invalid. It is further the declaration of The Fort Lupton Fire Protection District Board of Directors that no provisions of the resolution or the code or standards adopted herein be interpreted in conflict with existing State law. In the event there lis a saae conflict between State law and this code , State law her 1precedent . SECTION 14. DATE OF EFFECT. This resolution shall take effect and be in force from and after its approval as required by law. (CRS 32-1-1002( 1 ) (d) ) Adopted this ) 7 day of .160fl..J , 1989 . • FORT LUPTON FIRE PROTECTION DISTRICT -.. C\btit/e.(Y ,r_(�;.}ii^ J- -:\. (1 L va l..,ie -.¢.r . ATTEST;:V A S/.- Secretary a ti a t is Hello