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HomeMy WebLinkAbout880214.tiff RESOLUTION RE : CONSENT TO ENFORCEMENT OF ORDINANCE ADOPTING UNIFORM FIRE CODE BY FORT LUPTON 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 Fort Lupton Fire Protection District has presented an ordinance adopting 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 fire code proposal from the Fort Lupton Fire Protection District is generally 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 enforcement of the above mentioned ordinance, a copy of which is attached hereto and incorporated herein by reference, subject to certain terms and conditions. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the enforcement of the ordinance as hereinabove mentioned, within the unincorporated portions of Weld County by the Fort Lupton Fire Protection District be, and hereby is, consented to, subject to the following conditions : 1) Prior to enforcement of the additional regulations imposed by Sections 5 , 6, 7 , and 10 upon certain areas in unincorporated Weld County designated by the Fire District, the designations shall be reviewed and consented to by the Board. 880214 Page 2 RE: CONSENT TO ENFORCEMENT - FORT LUPTON FIRE PROTECTION DIST. 2) The clerical error in Section 8 (6) be corrected to give a citation of 2 .201 (c) rather than 2 .205 (a) of the Uniform Fire Code. 3) Pursuant to Section 10 of the fire district fire code, the Board of County Commissioners must give its consent prior to the imposition of permits for new materials , processes or occupancies in uncorporated Weld County. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 23rd day of March, A.D. , 1988 . y BOARD OF COUNTY COMMISSIONERS �<ATTEST: i '4r t-1-'O1€ i._,,.j WE UNTY, COLORADO Weld County Clerk and Recorder � Gx/„ ,� elaUt and Clerk to the Board Gene R. Brantner, Chairman EXCUSED C.W. Kirby, Pro-Tem eputy County ler); EXCUSED APPROVED AS TO FORM: Jacquel 'n ns Lacy County Attorney Frank amaguchi 880214 AN ORDINANCE ADOPTING THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM OF PERMITS OR EXPLOSION, FOR HAZARDOOUS IDING USES OR THE OPERATIONS, AND AINSPEC ESTABLISHMENT I THE DUTIES FIRE 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 Uniform Fire Code , including Appendix Chapters I -A, I- C, II-A, II-B, II-D, III-A, III-C, VI-C, VI-D, and the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials , being particularly the 1985 editions thereof and the whole thereof , save and except such portions as are hereinafter deleted , modified or amended by Section 7 of this ordinance of which Code and Standards , a copy has been and is now filed in the office of the Clerk 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 ordinance 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 of Directors with or without cause . 880214 Sec. 3 . DEFINITIONS OF WORDS USED IN THE 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 in•&lrector 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 TANKS 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 buildings is prohibited 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 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 . 880214 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 . SECTION 6. ESTABLISHMENTS OF LIMITS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred to in Section 82 . 105 (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 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. 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 , 880214 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 the ny interested person directly affected by 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 f other applicable state ar as taitet forth in Section 32-1-1002 ( 3) , CRS , or 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 tor hall the Fire District be held as assuming any such liability reason of this inspection authorized by this code or any certificates of inspection issued under this code . " 6 . 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 880214 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 , Section 4 . 101 ( 1) , (2) , ( 17) , ( 19) , ( 20) , ( 23) , (31 ) , (32) , (33) , (34) , (35) , (43) and Articles 46 , 47 , and 51 in their entirety shall be hereby deleted- from the 1985 Uniform Fire Code . 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 a,uy...,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 ; g . right to appeal to Fort Lupton Fire Protection District Board; h . consequences of failure to correct the violation . 3 . a. An "Order for Immediate Correction of Hazard" may be issued by the Chief or Fire Marshal.: 880214 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-] 002 ( 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 Vi lation 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 wi ! h 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 , the Fire Marshal , or upon its 680214 own motion, refer the matter to the district attorney of the county in which the violation occurs . 8 . 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 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. 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_,o.f 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 violation 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 imprisonment , The imposition of one penalty for any violation 880214 hall not excuse the violation or permit it to continue ; and all itch persons shall be required to correct or remedy such violations or defects within a reasonable time ; and when nn, , otherwise specified , each Len days that prohibited conditions are maintained shall constitute a separate offense . ( b) The application of the above penalty shall not he hel . to prevent the enfotr'f•ed removal of prohibited conditions . (c) Enforcement of the provisions herein shall be provided by and through the County Court of Weld County . SECTION 12. REPEAL OF CONFLICTING ORDINANCES. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance 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 ordinance 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 ordinance independent of the elimination herefrom or any such portion as may be declared 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 is a conflict between State law and this code , State law shall sake precedent . SECTION 14.. DATE OF EFFECT. This ordinance shall take effect and be in force "rom .and after its approval as required by law. (CRS 32-1-1002 ( 1 ) ( d) ) Adopted this 17thday of December , 1987 . FORT LUPTON FIRE PROTECTION DISTRICT BY ¢, 4t,(ice.-aar A' TtST: Sb etary 880214 LAW OFFICE of JOHN It DENT ASSOCIATE:CAROLYN J.FITCH 616 Denver Avenue PARALEGAL ASSISTANTS: P.O.Box 333 SHERRY D.WHITE Fort Lupton,CO 80621 MARILYN M.TORREZ (303)857-4667 Metro Denver(303)659-2028 Par COrry 'l • I '{s 7!N y `nom'. in; February 11 , 1988 FEB12lg., .I Weld County Commissioners % Clerk to the Board of Commissioners P.O. Box 758 Greeley , CO 80632 RE: FORT LUPTON FIRE PROTECTION DISTRICT/ ADOPTION OF FIRE CODE Dear Clerk: I have enclosed for your information a copy of a Certified► Abstract of Minutes of the meeting of the Board of Directors of the Fort Lupton Fire Protection District in which the Uniform Fire Code was adopted. Please provide copies to each of the commissioners and the County attorney for their information and reviewing the Fire Code as previously submitted to your office . Please note that the "Exhibit A" referenced in the Abstract is that same Fire Code . Thank you . Si y / '/�fit- C' ohn R. Dent ' JRD: br enc : 880214 LAW OFFICE of JOHN It DENT ASSOCIATE:CAROLYN J.FITCH 616 Denver Avenue PARALEGAL ASSISTANTS: P.O.Box 333 SHERRY D.WHITE Fort Lupton,CO 80621 MARILYN M.TORREZ (303)857-4667 Metro Denver(303)659-2028 r.17 February 3 , 1988 I )`j ��;;�, FEB t 5 �s �r Weld County Commissioners c/o Clerk to the Board of anca.zr. coLO" Weld County Commissioners P.O. Box 758 Greeley , CO 80632 RE : FORT LUPTON FIRE PROTECTION DISTRICT/ADOPTION OF FIRE CODE Dear Commissioners: The Fort Lupton Fire Protection District has adopted the enclosed fire code and hereby submits same for your ratification and consent to enforcement within that portion of unincorporated Weld County lying within the boundaries of the Fort Lupton Fire Protection District . Upon setting the matter for hearing or adoption , I respectfully request a notice of the date , place and time in order that representatives from our district may attend . Should you have any questions regarding the provis ions of the enclosed fire code , please contact me and I will make every effort to provide you with an appropriate response. In anticipation of your consideration , thank you. Sinc r ly , �� John R. Dent JRD:hd enc : cc .Don McPherson Lee D. Morrison , Assistant County Attorney • 680214 CERTIFIED ABSTRACT OF MINUTES OF THE DECEMBER 17 , 1987 MEETING OF THE BOARD OF DIRECTORS OF THE FORT LUPTON FIRE PROTECTION DISTRICT RESOLUTION AND ORDER ADOPTING THE UNIFORM FIRE CODE Upon motion duly made , seconded , and unanimously approved , it is: RESOLVED that , upon the authority provided pursuant to CRS 32-1-1002 , and upon consideration of the discussion at the public hearing scheduled for and held on December 14 , 1987 at 7 : 30 p.m. at 1211 Denver Avenue in Fort Lupton, Colorado , the Board of Directors do hereby assent to the adoption of the Uniform Fire Code ( 1985) as set forth in "Exhibit A" attached hereto incorporated by this reference and published in its entirety in the November 18 , 1987 issue of the Fort Lupton Press for the public to review, and; RESOLVED that , the Board of Directors of the special district , in the best interest of the public, the District , and the firemen , shall cause the necessary action to be taken to accomplish the lawful implementation of the Uniform Fire Code as amended and adopted , and ; RESOLVED that , pursuant to CRS 30-15 -401 .5 & CRS 32-1-1002 , copies of the Uniform Fire Code as adopted herein shall be provided to all the appropriate entities for their ratification and approval to ensure conformity in the enforcement of its provisions throughtu't the City of Fort Lupton and the special district , and; RESOLVED that , the provisions of the Uniform Fire Code , as amended, be enforced by the Fire Chief and Fire Marshal of the Fort Lupton Fire Protection District in the capacity of their respective positions , and; THEREFORE, the Board of Directors of the Fort Lupton Fire Protection District does hereby: ORDER that the Uniform Fire Code ( 1985) as amended and fully set forth in "Exhibit A" attached hereto, be adopted by the Special District known as the Fort Lupton Fire Protection District and that its provisions be enforced by the Fire Chief and Fire Marshal of the Special District in the manner prescribed therein and as provided by any governing statutes , rules and regulations . FORT LUPTON FIRE PROTECTION DISTRICT BY Pa-wo*-4A )7)006i-o-sri Don McPherson, President 880214 CERTIFICATION I , Donald R. Cummins , Secretary of the Fort Lupton Fire Protection District , do hereby certify and affirm that the above and foregoing Resolution and Order was approved by the Board of Directors of the Fort Lupton Fire Protection District and duly incorporated in the minutes of the Special District . I also certify that Don McPherson is the lawfully elected President of the Fort Lupton Fire Protection District and authorized to sign this memorandum of the Board ' s c ion . /Donald R. Cummins , Secretary STATE OF COLORADO ) ) ss . COUNTY OF WELD ) 1�6.,04SUBSCRIBED and sworn to before me this // day of IA e_lc4tuaar i9 $,� Don McPherson , President of Fort Lupton Fire Protection ,�:L ,DTSYraj nd Donald R. Cummins , Secretary of the Fort Lupton Fire c District . sii #V A "MESS HAND AND SEAL: rya /` ' ^M c st�raaion expires : �` 9/ Nota y Public -2- / / 880214 Hello