HomeMy WebLinkAbout860440.tiff RESOLUTION
RE: CONSENT TO ENFORCEMENT OF RESOLUTION ADOPTING 1985 UNIFORM
FIRE CODE BY DACONO AREA 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 32-1-12 (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 County Commissioners, and
WHEREAS, the Dacono Area 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 operation, pursuant to
Section 32-1-1002 (1) (d) , CRS , and
WHEREAS, this fire code proposal from the Dacono Area Fire
Protection District is consistent with the guidelines set forth in
the Model Fire Code adopted on September 12, 1983 , by the Board of
County Commissioners, and
WHEREAS, after study and 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 Dacono Area Fire Protection
District be, and hereby is, consented to.
STD OOO-2.C l.l.' taCe-t.o FPD, eA 860440
Page 2
RE: ADOPT FIRE CODE - DACONO AREA FIRE PROTECTION DISTRICT
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 5th day of May,
A.D. , 1986.
n `�/� BOARD OF COUNTY COMMISSIONERS
ATTEST: (.Lin.,.t�`' WELD COUNTY, COLORADO
Weld County Clerk and Recorder EXCUSED
and Clerk to the Board Jacguel ' ne nson, Chairman
i-Y.._' Qi Gor •
acy - em
De uty County Cl rk
EXCUSED
APPROVED AS TO FORM: Gene R. Brantner
g /V16t
.t
County Atvt rney (02
Fr k Yamag hi
860440
UNIFORM FIRE CODE
DACONO AREA FIRE PROTECTION DISTRICT
(Revised 2/11/1986)
A RESOLUTION ADOPTING THE UNIFORM FIRE CODE, UNIFORM 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 OPERATIONS.
WHEREAS, the Board of Directors of the Dacono Area Fire
Protection District 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 inhab-
itants 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 Is Adoption of the Uniform Fire Code and
Uniform Fire Code Standards, and the Life
Safety Code, NFPA 101.
There is hereby adopted by the Dacono Area Fire Protection
District for the purpose of prescribing regulations gov-
erning conditions hazardous to life and property from
fire and explosion, that certain code and standards known
as the Uniform Fire Code, 1985 Edition, including Appendix
Chapters I-A, I-B, I-C, II-A, II-B, II-D, III-A, III-B,
III-C, IV-A, V-A VI-A VI-C, and VI-D, and the Uniform Fire
Code Standards, being particularly the 1985 Edition, and
the Life Safety Code, NFPA 101, 1981 edition thereof
modified, or ammended by this Resolution of which said
code and Standards are now filed in the offices of the
Dacono Area 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 un-incorporated portions of Weld County
shall be on the date of approval by the Board of Weld
County Commissioners. This code shall be in effect
within the territorial limits of the Dacono Area Fire
Protection District.
860440
SECTION II: Establishment and duties of fire prevention
Bureau.
Organizational structure and duties of the fire prevention
bureau shall be consistent with Article 2, •.Section 2.103
Uniform Fire Code, 1985.
SECTION III: Definitions.
Wherever the word "District" is used, it shall mean the
Dacono Area 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 Dacono Area Fire Protection District
as the may now or hereafter exist .
Where the term "Chief" or Chief of the Fire Prevention
Bureau is used, it shall be held to mean the Chief of
the Dacono Area Fire Protection District or a delegated
member of the District.
Where the term "Fire Prevention Bureau" is used, it shall
be held to mean either the entire department or those
employees and personnel designated by the Chief to carry
out the specific duties as they relate to fire prevention.
Where the term "Board" is used, it shall be held to mean the
Board of Directors of the Dacono Area Fire Protection
District.
Wherever the term "Uniform Building Code" is used, it shall
be held to mean the Uniform Building Code as amended and
adopted by Weld County.
SECTION IV: Storage of flammable or combustible liquids
above ground.
The District may prohibit above ground storage of flammable
or combustible liquids within its jurisdiction upon submission
to and approval by, the Weld County Commissioners of the
specific geographic areas where such limitations are proposed
to be prohibited. +
This provision shall not be interpreted to be in conflict
with any State of Colorado, Colorado Oil and Gas Commission
or other State, County and Federal Codes pretaining to such
use or storage.
SECTION V: Establishment of limits in which storage of
Liquified petroleum gases are prohibited.
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 the Weld
County Commissioners. This section shall not be in conflict
with any applicable State, County and Federal Codes pertaining
to liquified petroleum gases.
8S0440
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 areas: Any area within the unincorporated
portions of Weld County within the Dacono Area Fire Protection
District, which are not zoned as industrial districts as
defined by Weld County Zoning Regulations and specifically
allowing such storage.
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 Section 12-28-101, CRS
as amended, pertaining to fireworks, shall be the
governing law as to fireworks within the District.
Further, the defsnition 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 shall be amended by
the deletion of Section 2. 302 in its entirety and by the
insertion 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 Dacono
Area 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 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 it' s decision
thereon in accordance with it's bylaws, rules and
regulations.
(c) The Board, upon recommendation of the Chief
or upon it' s 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 inter-
ested 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
ammended 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 auth-
ority set forth in Section 32-1-1002, CRS, or other applicable
State Statutes."
4. Section 4.101.4 and 4.101. 6 shall both be ammended
by the addition of a sentence reading as follows:
"No such permit shall be required where burning is reg-
ulated pursuant to regulations promulgated under Section
25-7-123, CRS, and regulated by the Weld County Health
Department or other county and state authorities."
5. 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."
SECTION VIII: Enforcement Proceedures 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, including carnivals and amusement
operations, but excepting the interior of any private dwelling,
in accordance with the proceedures set forth in Section
32-1-1002(3) , CRS. All inspections shall be recorded on an
inspection report and filed in the District files.
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/address of person contacted;
d. Name of Inspector/s;
e. Nature of violations, including specific reference
to section/subsections of code;
f. Date of compliance/re-inspection;
g• Suggested methods of correction, if applicable;
h. right to appeal to Board;
i . consequences of failure to correct the violation
if applicable;
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 therof, or which is so sit-
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.
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 . name/address of person contacted;
iv. time limit for correction;
v. nature of violation of hazard;
vi. right of appeal, if any, to the Board;
vii . right of appeal to the District Court and
time limit;
viii . penalties for violation of order;
ix. signature of Chief;
x. acknowledgement of receipt signed by owner,
lessee, agent or other responsible party;
4. An appeal of a Notice or Violation or Hazard may be
made to the Board by delivery to the Chief in writing
a notice of appeal within 10 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, but in either case the appeal must be
heard within 30 calendar days, by the Board after receiving
such written notice of appeal. 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
halyard. An appeal of an Order must be in writing and
filed with the Board within three days of issuance of
the Order. Board will hear this appeal within no more
than 15 days from date of receival at next regular or
special meeting as is deemed necessary.
6. The Board shall hear all such appeals and applications
for relief and render its decision thereon in accordance
with its by-laws, 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 Section 32-1-1002( 3) , CRS, and compliance with the
Order and/or correction of hazard has not occured, the
Board may, upon recommendation by the Chief or upon
its own motion, refer the matter to the district attorney
of Weld County. 060440
•
8 . An appeal shall suspend the time limits for compliance
or correction until the appeal is resolved for appeals
of a Notice of Violation or Hazard and of an Order for
Immediate Correction 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 prov-
isions of Section 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 mis-
demeanor and, upon conviction thereof, shall be punished
by a fine of not less than $50.00 or nor more than $250 .00 .
Each day in which such violation occurs shall constitute
a seperate violation of Section 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.
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 or of the Code or Standards hereby adopted are
hereby repealed.
SECTION XI. Validity and Conflict.
The Dacono Area 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 Dacono Area Fire Protection District Board of
Directors that it would have passed all other portions of this
resolution independent of the elimination herefrom of any such
portion as may be declared invalid. It is further the
declaration of the Dacono Area 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 .
In the event there is a conflict between the standards or
requirements of Life Safety Code N.F .P .A. 101 and the Uniform
Fire Code ,and/or the Uniform Building Code, the Uniform Fire
Code and/or the Uniform Building Code shall prevail .
SECTION XII: Date of effect.
This resolution shall take effect and be enforced within the
unincorporated portions of Weld County, within the jurisdictional
boundaries of the Dacono Area Fire Protection District, from
and after its approval as set forth in Section 32-1-1002(1)
(d) , CRS.
Adopted this //th day of /-E fj,qu,rny , 1986.
DACONO AREA FIRE PROTECTION DISTRICT
By 714;
L�QiLcP -C _
A. LeRoy Jo ton President
ATTEST:
fford Richards Secretary
401^110
.04 Dacono Area Fire Protection District
iv April 15, 1986
Mr. Lee D. Morrison
Assistant County Attorney
Office of County Attorney
Greeley, Colorado 80632
Mr. Morrison:
I received your correspondence regarding the recommended changes
in our proposal to adopt the 1985 Uniform Fire Codes, and the
comments of Mr. Robert Huffman of the Building Inspection Dept.
I have discussed these items with Mr. Huffman and he has been
very co-operative in assisting me on this effort.
The addition of the "1985 Edition" to the adoption of the Fire
Code in Section I has been inserted. This was definitely an
oversight on our part.
Changes to the Uniform Fire Code delineated in Section VII,
paragraphs 6 and 7 have been completely deleted as per the
advise of Mr. Huffman. After reviewing this with him and relying
on his professional experience and research, we feel it is best
for all agencies concerned to leave this as is written in the
Uniform Fire Code for uniformity to all who adopt the Code.
We have made the necessary changes and I am submitting a revised
complete copy of the Uniform Fire Code Adoption, exactly as it
was originally, except for the 3 items brought to our attention
by Mr. Huffman and yourself.
I personally wish to thank you and Mr. Huffman for your time and
assistance in this matter. If you have any further questions or
if I can assist in any way please contact me.
anjYo k_
osepl5 W. Fuss
District Fire Chief
Dacono Area Fire Protection Dist.
Dacono, Colorado 80514
cc/ Robert Huffman
DACONO, COLORADO 80514 couNTY
v EA-1) OFFIGE
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