HomeMy WebLinkAbout900263.tiff RESOLUTION
RE: CONSENT TO ENFORCEMENT OF RESOLUTION AMENDING PREVIOUSLY
ADOPTED UNIFORM FIRE CODE BY LONGMONT 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 Longmont Fire Protection District has presented
a resolution amending the fire code previously consented to by the
Board of County Commissioners, and
WHEREAS, this amended fire code proposal from the Longmont
Fire Protection District is generally consistent with the
guidelines set forth in the Model Fire Code adopted by the Board
on September 22 , 1986 , and
WHEREAS, after review, the Board deems it in the best
interest of the citizens of Weld County to consent to the
enforcement of 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 Longmont Fire Protection District
be, and hereby is, consented to.
900263
Page 2
RE : AMENDED FIRE CODE - LONGMONT
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote un the 28th day of
March, A.D. , 1990 .
/
Y) BOA OF COUNTY COMMISSIONERS
ATTEST: i 1,y /t ° "' WEL UNTY, COLORADO
Weld County Clerk and Recorder AYE
and Clerk to the board ene R. Brantner , Chairman
BY: George Ke inedy, Pro-Te i v E
Deputy County Clerk
YE
APPROVED AS TO FORM: onstance L. arber
'ff / AYE
C .W . Kirby /
. County Attorney EXCUSED DATE OF SIGNING - NAY
Gordon E. Lacy
000263
AMENDMENTS TO FIRE CODE
LONGMONT FIRE PROTECTION DISTRICT
A RESOLUTION AMENDING THE PREVIOUSLY ADOPTED FIRE CODE WHICH ADOPTED THE UNIFORM
FIRE CODE, 1988 EDITION
WHEREAS, the Board of Directors of the Longmont Fire Protection District
("District") has previously adopted a fire code which adopted the 1988 Edition
of the Uniform Fire Code in its entirety except as modified and amended by the
District; and
WHEREAS, said fire code expressly deleted Article 78 of the Uniform Fire Code
pertaining to fireworks and adopted the provisions of state law regarding
fireworks; and
WHEREAS, the District's Board of Directors is now of the opinion that the banning
of all fireworks as defined by Article 78 of the 1988 Edition of the Uniform Fire
Code is in the best interests of the District; and
WHEREAS, the fire code expressly deleted Article 2, Section 2.303 of the Uniform
Fire Code; and
WHEREAS, the District's Board of Directors is now of the opinion that the use
of alternate materials and methods is preferable to the granting of waivers or
variances regarding the enforcement of the Uniform Fire Code;
NOW THEREFORE BE IT RESOLVED BY THE DISTRICT'S BOARD OF DIRECTORS THAT
1 . Section VII (entitled Amendments Made in the Uniform Fire Code) of the fire
code adopted on February 23, 1989, is hereby amended by the deletion of existing
paragraph 1, and Article 78 of the 1988 Edition of Uniform Fire Code is
accordingly enacted as part of the fire code.
2. Section VII (entitled Amendments Made in the Uniform Fire Code) of the fire
code adopted on February 23, 1989, is hereby amended by the deletion of existing
paragraph 2 in its entirety and the following is inserted:
2. That Article 2, Section 2.303 is amended by the deletion of Section
2.303 in its entirety and by the insertion of the following:
"2.303 (a) The District's Board shall determine the
suitability of the alternate materials and methods and type
of construction and provide reasonable interpretations of
the provisions of this Code upon the request of any
interested party, including the Chief.
(b) 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
structure, or any interested person directly affected by
the application of this code. Said agreements may extend
900263
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. All other provisions of the fire code as adopted on February 23, 1989,
shall remain in full force and effect.
DATED: ,,:),2d-
4,54? ? , 1989.
LONGMONT FIRE PROTECTION DISTRICT NT By: Jam' -,tee ClGJ ��
President
ATTEST:
Secretary
RNL:jj
A:\SPECDISi\RES-CODE.LFP
300263
GRANT, BERNARD, LYONS 8C GADDIS
WALLACE H. GRANT ATTORNEYS AT LAW DENVER OFFICE
DANIEL F. BERNARD 5I5 KIMRARK STREET 1801 YORK STREET
R CHARD N. LYONS, I DENVER. COLORADO 60206
. POST OFFICE BOX 9/6
JEFFREY J KAHN 13031 399-1122
H. WIL_IAM SIMS, JR LONGMONT. COLORADO 80502-0978
JOHN W GAJJIS _ONOMONI 13031 776-9900
THOMAS J. O/SRTON
SJZAN G_ FRIiCHEIT OF EVER METRO :3031 071-6506
BRETT J. LAMPERT
ILL FCOPIER 13031 7706105
September 18, 1989 ._
•
,?0 ABSn
Lee Morrison, Esq.
Weld County Attorney's Office
P. O. Box 1167
Greeley, Colorado 80632
Re: Longmont Fire Protection District
Dear Lee:
Enclosed is a copy of two amendments to the recently adopted Fire Code of the
Longmont Fire Protection District which the Weld County Board of Commissioners
ratified earlier this summer.
These amendments were requested by Boulder County. Essentially, they prohibit
all fireworks within the District by utilizing the definition in the Uniform
Fire Code rather than the State statute. Also, it eliminates the ability of
the District' s Board of Directors to grant waivers and instead allows it only
to agree to alternate materials and methods of construction under the Code.
Boulder County was of the opinion that rather than having a Code which could
be waiver, it was better to have a Code with the Board having the ability to
work out alternate methods to achieve the Code's objective. The District' s
Board of Directors agreed.
Would you please submit this Code Amendment to the Commissioners for
ratification? If you have any questions, please feel free to contact me.
ery tr y you ,
Ric and N. Lyons, II
RNL:jlm
LFPD\FIRECODE-L.MOR
Enclosure
cc: Captain Bill Emerson
9Q0263
1 IME R i D M
Clerk to the Board October 31 , 1989
COLORADO Lee D. Morrison, Assistant Ccunty Attorney
Amendments to Longmont Fire Protection
" District and Dacono Fire Protection -District
The Longmont Fire Protection District and Dacono Fire Protection
District have proposed amending their Fire Codes and recuesting
the Commissioners to consent to the amendments . In addition,
R & S Marketing , P. O. Box 1222 , Bozeman, Montana 59715 ,
406- 586-1901 Dennis Switzer or Mark Lund , have indicated they
would like to appear at any meeting at which this is discussed. I
was going to suggest that you put on the agenda for sometime the
week of the 6th of November these issues and contact Richard
Lyons, the attorney in Longmont, and Chief Fuss aS Dacono and the
people in Montana and go ahead set for hearing.
•
•
•
• Lee D. 'Morrison
Assistant County Attorney
LDM: sa
900263
R & S MARKETING SERVICE, INC.
P O. BOX 1222
BOZEMAN, MT 59715
(406) 586-1901
Weld County Commissioners
Greeley , Colorado
March 15 , 1990
Dear Commissioners:
This letter was sent in October , but
I ' ve just been informed that there
will be a meeting and I wanted
to reissue this letter to remind
you of our standing in this matter .
Thank you ,
Mark D . Lund
9t.U263
RaS
R&S MARKETING SERVICE, INC.
P O.BOX 1222•BOZEMAN,MONTANA 59715•TELEPHONE(006)586-1901
October 25, 1989
Weld County Commissioners
915 10th Street
Greeley, CO. 80631
Dear Commissioners:
Our company, R&S Marketing Services, Inc. , is a Class "C"
Fireworks wholesaler headquartered in Bozeman Montana since its
establishment in 1957. We currently supply fireworks to fourteen
western states and have been active in Colorado and Weld County
for many years. In 1989 we supplied three of our Golden Dragon
retailers in Weld County and a total of 43 retailers throughout
the state of Colorado.
It is our understanding that you will be considering the
adoption, by Weld County Fire Districts, of section 78 of the
Uniform Fire Code. This section of the Uniform Fire Code deals
with fireworks and basically eliminates the use of any fireworks
within a district adopting the code.
We feel there are some strong arguments for allowing safe
and sane fireworks items in Weld County. These arguments stress
safety as well as good economics.
From a safety point of view, fireworks consumption in the
United States has risen from 29 million pounds in 1976 to over 72
million pounds in 1987, while during that same period fireworks
related injuries per 100, 000 pounds has decreased substantially
from 38% in 1976 to 12 .4% in 1987. These statistics include all
types of Class "C" Fireworks and in Colorado the Class "C"
Fireworks that cause the most injures are already ban. Those
items are Firecrackers and Sky Rockets.
There were approximately 9, 000 fireworks related injuries in
1987 , 65 . 8% were related to firecrackers - both legal and
illegal , 6 . 4% were related to sky rockets . There were wore
fireworks related injuries from public displays than from cones
and fountains combined.
4CDP. FIREWORKS•SILK&PLASTIC FLORAL ARRANGEMENTS cl. ..r'eli63
i00o.1#
The Department of Transportation in testing Class "C"
Fireworks has determined that Class "C" Common Fireworks will
merely burn at a controlled rate and the fire can be fought by
conventional methods.
Class "C" Common Fireworks are considered stable devices by
The Bureau of Alcohol , Tobacco and Firearms and they have
exempted Class "C" Fireworks from the storage provisions of their
regulations. Class "C" Fireworks stored in a typical retail sales
location do not pose a fire hazard different from that of other
combustible materials.
From an economical and common sense point of view, the
banning of fireworks in Weld County will only shift local sales
to other sources and in many cases will result in an increase of
the use of the more injury related items, firecrackers and sky
rockets.
With other counties in Colorado allowing fireworks sales,
the availability of fireworks by mail order, and with all the
states bordering Colorado allowing fireworks sales, people who
want fireworks will have no problem obtaining them.
Wyoming, just a short distance to the north, will become a
main destination for those wanting fireworks . In Wyoming an
individual will have the full Class "C" Fireworks Menu to choose
from. The end result of a ban being local money going out of
state, a decrease in safe items within the county and an increase
of illegal items coming into the state and Weld County. Weld
County citizens wanting to celebrate our country' s independence
in the traditional American fashion will have to go outside the
law to do so.
Recent state legislation supporting this scenario is that
enacted by both Utah and Oregon. Both states had a total ban on
fireworks for many years, but in the last few years both states
have reversed their stance and now have a sound and positive safe
and sane law.
Safe and sane fireworks are generally those items that do
not explode, do not fly in the air, do not shoot a flaming ball
over ten feet and do not spray a shower of sparks more than ten
to twelve feet. These items can be enjoyed in the close confines
of a families back yard with little danger of injury to family
members or others in the community.
Ki J 263
Our company strongly supports safe and sane legislation and
representatives from our company are willing to meet with you to
further cover the advantages of allowing safe and sane fireworks
and to answer any questions you may have. We will also arrange to
demonstrate the different fireworks items if you feel this would
help in making a responsible decision. Please let us know if we
can meet with you in regards to banning fireworks in Weld County
Fire Districts.
Thank you for your consideration in this matter.
Best Regards,
Mark "b. Lund
Sales Representative
Jw 063
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