HomeMy WebLinkAbout930441.tiff RESOLUTION
RE: CONSENT TO ENFORCEMENT OF RESOLUTION ADOPTING UNIFORM FIRE CODE BY
MOUNTAIN VIEW 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 Mountain View Fire Protection District has presented a
resolution adopting the 1991 Edition of the Uniform Fire Code, with amendments
as stated in said resolution, and
WHEREAS, after review, the Board deems advisable 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 said resolution is hereby consented to,
as hereinabove mentioned, within the unincorporated portions of Weld County by
the Mountain View Fire Protection District.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the follo ing ote on the 17th day of May, A.D. , 1993.
/0BOARD OF COUNTY COMMISSIONERS
ATTEST: �G/ WELD COUNTY, COLORADO
Weld County Clerk to the Board /sue— . �yL
/�J / / Constance L. Harbert, Chairman
BY:AryLdsi nez... EXCUSED DATE OF SIGNING (AYE)
Deputy Clerk7to the Bard W. Webster, P o-Tem
AS TO FORM: :( A --24-—4
APPROV
� /G ge�. Baxte
ounty Atto ey Dale K. Hall
Barbara J. Kirkmey r
930441
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FIRE CODE
MOUNTAIN VIEW FIRE PROTECTION DISTRICT
A RESOLUTION ADOPTING THE UNIFORM FIRE CODE, UNIFORM FIRE CODE STANDARDS
PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM
FIRE OR EXPLOSION, AND PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES
OR OPERATION.
WHEREAS, the Board of Directors of the Mountain View Fire Protection District
have previously adopted the 1988 edition of the Uniform Fire Code in part; and
WHEREAS, the Board of Directors 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 inhabitants 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 I: Adoption of 1991 Uniform Fire Code and Uniform Fire Code
Standards.
There is hereby adopted by the Mountain View Fire Protection District for the
purpose of prescribing regulations governing conditions hazardous to life and
property from fire, hazardous materials, or explosion, that certain Codes and
Standards known as the Uniform Fire Code, including Appendix Chapters I-A, I-B,
I-C, II-A, II-B, II-C, II-D, II-E, II-F, III-A, III-B, IIi-C, III-D, IV-A, IV-B,
V-A, VI-A, VI-B, VI-D, VI-E, and the Uniform Fire Code Standards, published by
the Western Fire Chiefs Association and the International Conference of Building
Officials, being particularly the 1991 editions thereof and the whole thereof,
save and except such portions as are hereinafter deleted, modified, or amended
by the Resolution, of which said Code and Standards are now filed in the offices
of the Mountain View Fire Protection District, and the same are hereby adopted
and incorporated as fully as if set out at length herein. The date on which this
Resolution shall take effect within the incorporated municipalities within this
District shall be the date of approval by the governing board of said
municipality and the date on which it shall take effect within the unincorporated
portions of Boulder/Weld Counties shall be on the date of approval by the Boards
of County Commissioners in and for the Counties of Boulder/Weld, State of
Colorado. This Code shall be in effect within the territorial limits of the
Mountain View Fire Protection District.
V -(APR 1 2 1993 I'
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SECTION II: Establishment and Duties of Fire Prevention Inspectors.
Organizational structure and duties of the fire prevention bureau or department,
if any, shall be as provided by the District's bylaws.
SECTION III: Definitions.
Wherever the word "District" is used, it shall mean the Mountain View Fire
Protection District.
Wherever the word "jurisdiction" is used in the adopted Code and Standards, it
is meant to be inclusive of the boundaries of the Mountain View 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 Mountain View Fire Protection District,
or a designated member of the District.
Where the term "Bureau of Fire Prevention" is used, it shall be held to mean
either the entire department or those employees (paid or volunteers) 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 Mountain View Fire Protection District.
Wherever the term "Uniform Building Code" is used, it shall be held to mean the
Uniform Building Code as adopted, amended and incorporated into the Boulder/Weld
County Building Code.
SECTION IV: Establishment of Limits in Which Storage of Liquified Petroleum
Gases is to be Restricted.
The limits referred to in Section 82. 104(b) 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
Boulder/Weld Counties, or municipalities. This section shall not be interpreted
so as to be in conflict with the provisions of § 8-20-101 et seq. and § -34-64-101
et seq. , C.R.S. .
SECTION V. Amendments Made in and to the Uniform Fire Code.
The Uniform Fire Code is amended and changed in the following respects:
1 . Article 2, Section 2. 105 of the Uniform Fire Code shall be amended by
the deletion of Section 2. 105 in its entirety and by the insertion of the
following: 2.105 "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 § 32-1-1002, C.R.S. , or other
applicable state statutes. "
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2. Article 2, Section 2. 109 shall be amended by the addition of the
following sentence: "Nothing herein shall be construed as a waiver of any
immunities provided by Section 24-10-101 , et seq. , C.R.S. or by other
statutes, or by the common law. "
3. Article 2, Section 2.303 shall be amended by the deletion of Section
2.303 in its entirety and by the insertion of the following:
(a) The District's Board shall determine the suitability of
the alternate materials and methods and type of con-
struction 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 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. "
4. The following is added as a new section to Article 2:
2.208 Inspections.
"(a) Pursuant to § 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 review
of plans and specifications which are:
(1) Requested or mandated for existing
structures, buildings and improvements; and
(2) Necessitated in conjunction with any county
regulation, resolution or condition of
development; or
(3) Performed in conjunction with the
construction of new structures, buildings, 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."
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5. Article 3, Section 3. 105 shall be added as a new section to read as
follows: 3. 105 "This Article shall be interpreted to be consistent with
the provisions of § 32-1-1002(3) , C.R.S. . "
6. Article 4, Sections 4. 108.b. 1 and 4. 108.b.3 shall both be amended by
the addition of a sentence reading as follows: "No such permit shall be
required where burning is regulated pursuant to regulations promulgated
under § 25-7-123, C.R.S. , and regulated by the Boulder/Weld County Health
Departments or municipal authorities. "
7. ARTICLE 78 IS AMENDED BY THE ADDITION OF THE FOLLOWING SECTIONS:
7. 1 SECTION 78.201 IS AMENDED BY THE ADDITION OF THE FOLLOWING AS
SUB-PARAGRAPH (A) :
(A) EXCEPT AS HEREINAFTER PROVIDED, IT SHALL BE UNLAWFUL FOR ANY
PERSON TO POSSESS, STORE, TO OFFER FOR SALE, EXPOSE FOR SALE, SELL AT
RETAIL OR USE OR EXPLODE ANY FIREWORKS, PROVIDED THAT THE CHIEF SHALL
HAVE POWER TO ADOPT REASONABLE RULES AND REGULATIONS FOR THE GRANTING
OF PERMITS FOR SUPERVISED PUBLIC DISPLAYS OF FIREWORKS BY A
JURISDICTION, FAIR ASSOCIATIONS, AMUSEMENT PARKS, OTHER ORGANIZATIONS
OR FOR THE USE OF FIREWORKS BY ARTISANS IN PURSUIT OF THEIR TRADE.
EVERY SUCH USE OR DISPLAY SHALL BE HANDLED BY A COMPETENT OPERATOR
APPROVED BY THE CHIEF AND SHALL BE OF SUCH CHARACTER AND SO LOCATED,
DISCHARGED OR FIRED SO AS, IN THE OPINION OF THE CHIEF AFTER PROPER
INVESTIGATION, NOT TO BE HAZARDOUS TO PROPERTY OR ENDANGER ANY PERSON.
7.2 Section 78.201 is amended by the addition of the following as
sub-paragraph (b) :
(b) The chief shall seize, take, remove or cause to be removed at the
expense of the owner all stocks of fireworks offered or exposed for
sale, stored or held in violation of this article.l
8. Appendix V is amended by the addition of the following paragraph 3:
3. OTHER CODES. In addition to the above-referenced standards,
'the latest and most current of the editions; the following codes
shall be used to attain a reasonable level of safety where
specific requirements are not stated or specific standards are
not adopted or referenced in this Fire Code, particularly as they
pertain to occupancy loads, building exits, and to fire
prevention in general :
National Electric Code
Uniform Building Code
Uniform Mechanical Code
Life Safety Code
NFPA National Fire Code
In the event of a conflict between the provisions of these codes and
Colorado state statutes, the most stringent provisions shall apply .
SECTION VIII: Enforcement Procedures and Appeals.
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1 . The Chief 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 § 32-1-1002(3) , C.R.S. . All inspections shall be
recorded in an inspection report.
2. A "Notice of Violation or Hazard" may be issued by the Chief or his
designee 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 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 Board;
h. Consequences of failure to correct the violation.
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 thereof,
or which is so situated as to endanger other
property as set forth in § 32-1-1002(3) (c) ,
whether or not a Notice has been previously
issued.
b. An Order shall be signed by the Chief or his designee 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;
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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;
vii . Penalties for violation of order;
viii .Signature of the Chief or his designee;
ix. 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 delivery to the Chief 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 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 application for relief and
render its decision thereon in accordance with 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) , C.R.S. , and
compliance with the Order and/or correction of the hazard has not occurred,
the Board may, upon recommendation by the Chief or upon its 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
of a fire hazard or hazards, until the appeal is resolved for appeals of a
Notice of Hazard which is issued pursuant to Section VIII, paragraph
3(a) (i ) herein. An appeal shall not suspend the time limit for compliance
or correction of life safety deficiencies or violations. 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
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egress of persons from such building or premises in violation of the
provisions of § 32-1-1002(3) , C.R.S. , shall be deemed to be maintaining a
fire hazard. Any person who violates any provision of said subsection 3 is
guilty of a misdemeanor and, upon conviction thereof, shall be punished by
a fine of not less than $50.00 or no more than $250.00. Each day in which
such violation occurs shall constitute a separate violation of § 32-1-
1002(3) , C.R.S. .
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 of the Code
or standards hereby adopted are hereby repealed.
SECTION XI: Validity and Conflict.
The Mountain View 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 Mountain View Fire Protection District Board of Directors that it
would have passed all other portions of this resolution independent of
elimination herefrom of any such portion as may be declared invalid. It is
further the declaration of the Mountain View 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.
SECTION XII: Date of Effect.
This resolution shall take effect and be enforced within incorporated
municipalities and unincorporated portions of Boulder/Weld Counties from and
after its approval as set forth in § 32-1-1002(1) (d) , C.R.S. .
Adopted this /Ls day of ALla,er_____ , 1992.
MOUNTAIN VIEW FIRE PROTECTION DISTRICT
ATTEST:
Secr ary
930441
kff
4 mEm®RAn®um
WI`,k Chuck Cunliffe, Director April 25, 1991
T� Date
Ed Stoner, Lead Combination Inspector 1;g>
COLORADO From
Mt. View Fire Protection District Standards
Subject:
After reviewing the standards and talking to Mark Lawley, Fire Chief, I have the
following comments concerning these standards . It should be understood that these
standards are only a summary of the rules and regulations already adopted by the
District and approved by the County.
Section 1.01 Submission of Plans
This section requires that plan submittals meet specific criteria and
standards. These requirements could be incorporated into this departments
standards for Site Plan Review and Use by Special Review process.
Section 1.02
This section requires that the Fire Chief forward his Plan Review comments
to the Building Official. The building permit could be held until these
comments are incorporated into the plan review.
Section 1.04 Inspections and Occupancy
This section requires that a Certificate of Occupancy not be issued until
the Fire Chief has signed the Certificate of Occupancy.
Section 1.06 Fire Protection Engineer
This section requires that all plans for fire protection systems bear the
stamp and signature of a fire protection engineer. State law and the Weld
County Building Code Ordinance only require the stamp and signature of a
Colorado Registered Engineer.
Section 2.05 Fire Department Training Access
At the discretion of the Chief this section may require that the Fire
Department be provided with 3 days for training access.
Chapter 3 Fire Department Access Roadways
This chapter requires that every building be provided with an approved
access roadway and sets specific criteria for the construction of such
roadway. These requirements may be modified if the building is provided
with an approved sprinkler system not otherwise required.
930441
Chapter' 4,Addressing
This chapter sets specific criteria for the addressing of buildings.
These requirements should be incorporated into the Weld County Building
Code Ordinance.
Chapter 5 Water Supply and Fire Flow
This chapter requires the installation of fire hydrants and the required
fire flow to these hydrants. These requirements may be modified if the
building is provided with an approved sprinkler system.
It is my opinion, after talking to Mark Lawley, Fire Chief, that these
standards will not affect the procedures currently used by the Building
Inspection Department. It is the intent of the Fire District to establish a
standard to improve their permitting and inspection procedures. However, there
exists the possibility that the Fire Departments requirements could become more
stringent based upon the adopted Uniform Fire Code.
930441
t14' " mEmoRAnDum
Wine Lee Morrison April 28, 1993
To Data
Edwin Stoner, Lead Combination Inspector et
COLORADO From
Mountain View Fire Protection District Adoption of the
Subject:
1991 Edition or the UPU
Mountain View Fire Protection Districts' adoption of the 1991 UFC as amended
should not pose any conflict with Weld County's regulations.
930441
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