HomeMy WebLinkAbout871594.tiff RESOLUTION
RE: CONSENT TO ENFORCEMENT OF RESOLUTION ADOPTING UNIFORM FIRE
CODE BY BERTHOUD 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 Berthoud 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 issuance of
permits for hazardous uses or operations, pursuant to Section
32-1-1002 (1) (d) , CRS, and
WHEREAS, this fire code proposal from the Berthoud Fire
Protection District is consistent with the guidelines set forth in
the Model Fire Code adopted by the Board on September 12 , 1983 ,
and
WHEREAS, after review, the Board deems it in the best
interests of the citizens of Weld County to consent to 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 Berthoud Fire Protection District,
be, and hereby is, consented to.
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Page 2
RE: CONSENT TO ENFORCEMENT - BERTHOUD FIRE PROTECTION DISTRICT
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 30th day of
December, A.D. , 1987 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COU Y, ORADO
ty C
Weld Coun rk and Recorder
and Clerk to the Board
�� �� Go irman
BY: l� mar, �� C. . Kir y, P o-Tem
Deputy County clerk
EXCUSED
APPROVED AS TO FORM: Gene R. Brantner
' e s'N
oun Attorney
Frank amaguchi
871594
RESOLUTION
OF THE BERTHOUD FIRE PROTECTION DISTRICT
BOARD OF DIRECTORS ADOPTING A FIRE PREVENTION CODE
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BERTHOUD
FIRE PROTECTION DISTRICT:
Section 1 . Adoption of the Uniform Fire Code, 1985
Edition .
Pursuant to the Authority conferred by the Charter of
the Berthoud Fire Protection District and the laws of
the State of Colorado , there is hereby adopted by the
Berthoud Fire Protection District for the purpose of
providing for the protection of the public health and
safety from the hazards of fire and explosion, that
certain Code known as the Uniform Fire Code promulgated
by the Western Fire Chiefs ' Association and the Inter-
national Conference of Building Officials , being
particularly the 1985 Edition thereof , and the whole
thereof , including Articles 1 through 87 , inclusive,
Uniform Fire Code Standards , 1985 Edition ,and appendices
is hereinafter deleted , modified or amended .
Furthermore , not less than three (3) copies of said Code
and appendices have been and now are on file.
Section 2 . Amendments and Additions .
A. The following articles , sections , divisions , sub-
sections , appendices or parts thereof of the Uniform
Fire Code, 1985 Edition , are hereby amended , except as
noted , to read as follows :
(1) Section 2 .303 is amended to add the following :
Section 2 .303 Standards .
(b) Recognized Standards .
NATIONAL FIRE PROTECTION ASSOCIATION (NFPA)
STANDARDS
(2) Section 4 . 101 , (4) , (22) , (26) and (38)
are amended to read as follows :
Section 4 . 101 Permit Required .
It shall be unlawful for any person , firm or
corporation to use a building or premises or
engage in any activities when a permit is required .
Permits may be required on the following by the
Berthoud Fire Protection District .
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4 . Bonfires or Rubbish Fires
Permits to kindle or authorize the kindling
or maintenance of bonfires or rubbish fires
shall be issued through the authority of the
authority of the Weld County Health
Department . See Section 11 .101
22 . Hazardous materials .
To store, transport or handle more than
fifty-five (55) gallons of corrosive liquids
or more than five hundred (500) pounds of
oxidizing materials or more than ten (10)
pounds of organic peroxides or more than
five hundred (500) pounds of nitromethane or
one thousand (1000) pounds or more of ammonia
nitrate , ammonia nitrate fertilizers and
fertilizer mixtures covered by Section 80 . 106
(d) ; or any amount of highly toxic materials ,
pyrophoric materials , hypergolic materials or
poisonous gases when in the opinion of the
chief , such amounts constitute a distinct
hazard to life and property. See Article 80 .
38 . Parade floats .
DELETE.
(3) Section 9 .108 is amended to read as follows :
Section 9 .108 Fireworks .
(1) (a) "Fireworks" means any article, device or
substance prepared for the primary purpose
of producing a visual or auditory sensation
by combustion , explosion , deflagration„ or
detonation, including , without limitation ,
the following articles and devices commonly
known and used as fireworks : Toy cannons or
toy canes in which explosives are used , blank
cartridges , the type of balloon which
requires fire underneath to propel the same ,
firecrackers , torpedoes , skyrockets , rockets ,
roman candles , dayglo bombs and torches , or
other fireworks of like construction and any
fireworks containing any explosive or
flammable compound , or any tablets or other
device containing any explosive substance.
(b) "Fireworks" does not include:
(I) Toy caps which do not contain more
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than twenty-five hundredths of a grain of
explosive compound per cap;
( II) Sparklers , trick matches ,
cigarette loads , trick noisemakers , toy smoke
devices , and novelty auto alarms ;
(III ) Highway flares , railway fusees ,
ship distress signals , smoke candles , and
other emergency signal devices .
(2) "Governing body" means the board of county
commissioners as to the area within a county
but outside the corporate limits of any city
or town; or the city council , board of
trustees , or other governing body of a city
or town as to the area within the corporate
limits of such city or town .
(3) "Local authority" means the duly authorized
fire department, police department, or
sheriff' s department of a local jurisdiction .
(4) "Manufacturer" includes any wholesaler and
any person who manufactures , makes ,
constructs , or produces any fireworks article
or device.
(5) "Person" includes an individual , partnership,
firm, company, association , or corporation .
(6) "Retailer" includes any person who sells ,
delivers , consigns , or furnishes fireworks to
another person not for resale.
(7) "Wholesaler" includes any person who sells ,
delivers , consigns , gives , or in any way
furnishes fireworks to a retailer for resale.
(4) Section 10 .302 (a) and (b) are amended to read
as follows :
Section 10 .302 Maintenance.
(a) General .
All sprinkler systems , fire hydrant systems ,
standpipe systems , fire alarm systems ,
portable fire extinguishers , smoke and heat
ventilators , smoke-removal systems and other
fire-protective or extinguishing systems or
appliances shall be maintained in an opera-
tive condition at all times and shall be
replaced or repaired where defective .
Fire-protective or extinguishing systems
coverage , spacing and specifications shall be
maintained in accordance with recognized
standards at all times . Such systems shall
be extended , altered or augmented as neces-
sary to maintain and continue protection
whenever any building so equipped is altered ,
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remodeled or added to . All additions,
repairs , alterations and servicing shall be
in accordance with recognized standards .
Unless otherwise required by the chief,
semi-annual tests of such systems shall be
conducted by qualified persons approved by
the chief.
EXCEPTION:
Systems not required by this or any other
code need not be extended , altered nor
augmented .
Soda-acid , foam, loaded stream, antifreeze
and water fire extinguishers of the inverting
types shall not be recharged or placed in
service for fire protection use .
(b) Systems in Hi-rise Buildings .
The building owner shall be responsible for
assuring that the fire and life safety
systems required by Sections 1807 and 1907
of the Uniform Building code shall be main-
tained in an operable condition at all times .
Unless otherwise required by the chief , semi-
annual tests of such systems shall be con-
ducted by qualified persons approved by the
chief . A written record shall be maintained
and be made available to the inspection
authority.
(5) Section 11 .105 (c) is amended to read as follows :
Section 11 .105 Types and Construction of Inciner-
ators .
(c) Residential incinerators shall not be per-
mitted .
(6) Section 11 .106 is amended as follows :
Section 11 .106 Location .
DELETE.
(7) Section 11 .208 is amended to read as follows :
Section 11 .208 Parade Floats .
DELETE.
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(8) Section 12 . 115 is added as follows :
Section 12 . 115 Emergency Elevator Signs .
An approved pictorial sign of a standardized design
shall be posted adjacent to each elevator call
station which specifies , "IN CASE OF FIRE, DO NOT
USE ELEVATORS - USE EXIT STAIRS" .
(9) Section 45 .207 (3) is amended to read as follows
and (5) and (6) are added as follows :
Section 45 .207 Limited Spraying Areas.
5 . The area must be a minimum of twenty (20)
feet from any open flame such as a heat
torch, pilot light or any other ignition
source.
6 . NO SMOKING signs are posted in accordance
with Section 45 .103 , within twenty (20) feet
of this area .
(10) Section 77 .106 (b) is amended to read as follows :
Section 77 .106 General Requirements .
(b) The storage of explosives and blasting
agents is prohibited within the Town of
Berthoud , except for temporary storage in an
approved day box with an approved blasting
operation, provided , however , this
prohibition shall not apply to wholesale and
retail stocks of small arms and munitions ,
explosive blots , explosive rivets or
cartridges or explosive-actuated power tools
in quantities of less than five hundred (500)
pounds of explosive material .
(11) Section 78 .101 is amended to read as follows :
Section 78 .101 Definition
For definition of fireworks , see Section 9 . 108
as amended
(12) Section 78 . 102 is amended to read as follows :
Section 78 .102 Authority of Manufacture, Sale and
Discharge.
Article 28, Section 12-28-101, ET Seq . , CRS as
amended , pertaining to fireworks , shall be the
governing law as to fireworks within the District .
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(13) Section 78 .103 is amended to read as follows :
Section 78 .103 Bond For Fireworks Display Required
DELETE
(14) Section 78 .105 is amended to read as follows :
Section 78 .105 Exception
DELETE
(15) Section 78 .106 is amended to read as follows :
Section 78 .106 Seizure of Fireworks
DELETE
(16) Section 79 .101 (a) is amended to read as follows :
Section 79 .101 (a) General .
EXCEPTIONS:
7 . Any section of this article in which the
State Inspector of Oils has authority under
Article 20 , Part 1, Section 8-20-102 of the
Colorado Revised Statutes .
(17) Section 79 .109 is amended to read as follows :
Section 79 .109 Operating Heating , Lighting and
Cooking Appliances .
Heating , lighting or cooking appliances which
utilize Class I liquids shall not be operated
within a building or structure .
EXCEPTIONS:
1. R-3 Occupancies .
2 . Alcohol burners used in experiments and
research .
(18) Section 79 .112 is amended to read as follows :
Section 79 .112 Waste Petroleum Products and
Flammable or Combustible Liquids .
Flammable or combustible liquids or any waste
liquid containing crude petroleum or its products
shall not be discharged into or upon any street ,
highway, drainage canal or ditch , canal , storm
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drain , sewer or flood control channel , lake or
tidal waterway, or upon the ground .
(19 ) Section 79 .201 (e) (2) ( iii) is added to read as
follows :
Section 79 .201 General .
(e) 2 . ( iii) Liquids stored for such purposes
shall be in original containers or
safety cans .
(20) Section 79 .802 (e) is amended to read as follows :
Section 79 .802 Inside Operations
(e) Control of Spills or Connection to Sewers
Provision shall be made to prevent flammable
or combustible liquids which may be spilled
at loading or unloading points from entering
public sewer and drainage systems , irrigation
canals or natural waterways . Connections to
such sewers , drains , canals or waterways by
which flammable or combustible liquids might
enter shall be provided with separator boxes
or other approved means whereby such entry is
precluded . Crankcase drainings and flammable
or combustible liquids shall not be dumped
into sewers but shall be stored in tanks or
tight drums outside of any buildings until
removed from the premises .
(21) Section 79 . 803 (a) is amended to read as follows :
Section 79 .803 Container-filling Facilities.
(a) Manual Operations .
Class I liquids shall not be run into
conductive containers unless the nozzle and
containers are electrically interconnected .
The provisions of this section shall be
deemed to have been complied with where the
metallic floor plates on which the container
stands while filling are electrically
connected to the fill stem where the fill
stem is bonded to the container during
filling by means of a bond wire .
(22) Section 79 .902 (f) is amended to read as
follows :
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Section 79 .902 Storage.
( f) Maintenance Testing .
All leak-testing devices shall be tested
annually by the owner or occupant of the
property on which they are located . All test
results shall be maintained and available to
the chief upon request .
(23) Section 82 .101 is amended to read as follows :
Section 82 .101 Scope.
EXCEPTIONS:
1 . Any section of this article in which the
State Inspector of Oils has authority under
Article 20 , Part 4 , Section 8-20-401 of the
Colorado Revised Statutes .
(24) Section 82 . 102 (a) is amended to read as follows :
Section 82 .102 Permits and Reports of
Installations .
(a) For a permit to install or maintain LP-gas
container , see Section 4 .101 .
(25) Section 82 .103 is amended to read as follows :
Section 82 .103 Inspection of Installations .
It shall be the duty of the chief to inspect a
reasonable number of liquified petroleum gas
installations to determine if compliance is being
made with the provisions of this article and NFPA
No . 58 .
(26) Appendix II-A is amended to read as follows :
Appendix II-A
4 RESTRICTED ENTRY .
The chief shall officially determine and publicly
announce when any hazardous fire area shall be
closed to entry and when such area shall again be
opened to entry. No person other than those
hereinafter expressly exempted shall go on or be
upon a hazardous fire area , except public roadways ,
inhabited areas or established trails and camp
sites which have not been closed during such time
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871S94
when the hazardous fire area is closed to entry.
It is not the intention of this section to prohibit
residents or owners of private property within any
hazardous fire area or their invitees or guests
from going or being upon their lands , and such
persons are to such extent excepted from the
provisions of this section . This section does not
apply to any entry, in the course of duty, by any
peace or police officer , or any other duly
authorized public officer , member of any fire
department , member of the United States Forest
Service or member of the Colorado State Forest
Service.
Section 2 . Severability.
The Board of Directors hereby declares that should any
section , paragraph , sentence word or other portion of this
ordinance or the Code hereby adopted by declared invalid for
any reason , such invalidity shall not affect any other
portion of this ordinance or said Code, and the Board hereby
declares that it would have passed all other portions of this
ordinance and adopted all other portions of said Code,
independent of the elimination herefrom of any such portion
which may be declared invalid .
(27) Appendix II B is amended to read as follows :
Appendix II B
1 . General
(a) The Berthoud Fire Protection District
will enforce all sections with the
following exceptions:
(1) Any section of this appendix in which
the State Inspector of Oils has
authority under Article 20 , Part 1,
Section 8-20-102 of the Colorado
Revised Statutes .
(b) Pipe connections below allowable liquid
level in tanks shall be provided with valves
or cocks located as closely as practical to
tank shell . Such valves and their connections
and fittings to the tank shall not be of cast
iron.
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