HomeMy WebLinkAbout930039.tiff RESOLUTION
RE: CONSENT TO ENFORCEMENT OF RESOLUTION 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 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 Fort Lupton Fire Protection District.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 6th day of January, A.D. , 1993.
/ /� BOARD OF COUNTY COMMISSIONERS
,_ATTEST: p/ /' L4th WELD COUNTY, COLORADO
Weld County Clerk to the Board
Constance L. Ha bert, Chairman
BY: /I-Sid'
Deputy Cler t the Bo3-rt W. H. Webster, Pr -Tem
APPROVED AS TO ORM:
G orge Baxter
Co nty Attorney Da 2
n
•
Barbara J. Kirkmey
930039
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RESOLUTION OF THE FORT LUPTON FIRE PROTECTION
DISTRICT ADOPTING THE 1991 ADDITION OF THE
UNIFORM FIRE CODE
BE IT RESOLVED by the Fort Lupton Fire Protection District
that :
SECTION ONE
Adoption of Uniform Fire Code
There is hereby adopted by the Fort Lupton Fire Protection
District for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire , hazardous
materials or explosion , that a certain Code and Standards known as
the Uniform Fire Code , including appendix chapters I through VII
inclusive and the Uniform Fire Code Standards published by the
Western Fire Chief ' s Association and the International Conference
of Building Officials , being particularly the 1991 Additions
thereof and the whole thereof , save and except Article 4 Permits
which is deleted in its entirety , two ( 2 ) copies of which Code and
Standards have been and are now filed in the office of the
Executive Secretary 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
Resolution shall be adopted respectively by the governing body of
the City of Fort Lupton with respect to those areas within the
Fort Lupton Fire Protection District lying within the corporate
limits of the City of Fort Lupton or on the date on which this
Resolution shall be adopted by the governing body of the County of
Weld, State of Colorado for those areas lying within the County of
Weld and the Fort Lupton Fire Protection District but outside the
city limits of the City of Fort Lupton , the provisions thereof
shall be controlling .
SECTION TWO
ENFORCEMENT AUTHORITY
The Uniform Fire Code shall be enforced by the Fire Marshal
appointed by the Fort Lupton Fire Protection District or by the
Fire Chief of the Fort Lupton Fire Protection District (or by any
person or persons designated by the Fire Chief pursuant to CRS 32-
1-1002 ( 3 ) to conduct inspections ) or by both the Fire Marshal and
the Fire Chief .
SECTION THREE
DEFINITIONS
Wherever the word "jurisdiction" is used in the Uniform
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Fire Code it is in reference to the Fort Lupton Fire Protection
District .
Whenever the term "Chief" or "Chief of the Bureau of Fire
Prevention" is used, it shall be held to mean either the Fire
Chief of the Fort Lupton Fire Protection District or the Fire
Marshal of the Fort Lupton Fire Protection District or either of
them as the context may require .
SECTION FOUR
ESTABLISHMENT OF LIMITS OF DISTRICT IN WHICH
STORAGE OF INFLAMMABLE OR COMBUSTIBLE LIQUIDS
IN OUTSIDE ABOVE GROUND TANKS IS PROHIBITED
The limits referred to in Section 79 . 501 and 79 . 1001 of the
Uniform Fire Code shall be prohibited within the city limits of
the City of Fort Lupton as may from time to time be established by
the City of Fort Lupton Planning and Zoning Ordinance now or
hereinafter in effect , and additionally shall be prohibited in any
densely populated or conjested commercial area outside the city
limits of the City of Fort Lupton as designated by the Fire Chief
or Fire Marshal .
SECTION FIVE
ESTABLISHMENT OF LIMITS IN WHICH STORAGE OF
LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED
The limits referred to in Section 82 . 104 (a) of the Uniform
Fire Code, in which storage of liquefied petroleum gas is
restricted , are hereby established as follows :
Storage of liquefied petroleum gases shall be restricted
within the limits of the City of Fort Lupton as may be
established pursuant to any presently existing or
subsequently adopted Zoning Ordinance as established by the
City of Fort Lupton and shall also be prohibited in any
densely populated or conjested commercial area outside the
city limits of the City of Fort Lupton or otherwise
prohibited by Weld County Zoning Ordinance now or hereinafter
adopted .
SECTION SIX
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 of the Uniform Fire
Code in which storage of explosives and blasting agents is
prohibited , are hereby established as follows :
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The storage of explosives and blasting agents shall be
prohibited within the limits of the City of Fort Lupton .
Outside of the city limits of the City of Fort Lupton ,
storage of explosives or blasting agents shall be prohibited
except pursuant to permit issued upon application for same
submitted to the Fire Marshal of the Fort Lupton Fire
Protection District .
SECTION SEVEN
AMENDMENTS MADE IN THE UNIFORM FIRE CODE
The Uniform Fire Code is amended and changed in the following
respects :
1 . Article Four - PERMITS is deleted in its entirety and no
permits shall be required to be obtained.
2. Article Two , Section 2 . 303 shall be amended by the deletion of
Section 2 . 303 in its entirety and by the insertion of the
following :
(a) "2 .303 (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 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 the 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 By-Laws , 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 any interested person
directly affected by the application of this Code . Such
agreements may extend the time for compliance with the Code ,
and may contain such terms and conditions as 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 far as the authority set forth in CRS 1973 ,
Section 32-1-1002 ( 3) , or other applicable state statute . "
4. Section 3 . 105 shall be added to read as follows : "This
Article shall be interpreted to be consistent with the provisions
of CRS 1973 , Section 32-1-1002 ( 3) as amended.
SECTION EIGHT
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 any
private dwelling , in accordance with the inspection procedures set
forth in CRS 1973 , Section 32-1-1002 ( 3 ) as amended . 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 . Such notice shall be
signed by the Chief or Fire Marshal and shall 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 or sub-Sections of the Uniform Fire Code ;
e . Date of Compliance/ reinspection ;
f . Suggested methods of correction , if applicable ;
g. Right to appeal to the 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 Fire Chief or Fire Marshal .
i . For failure to correct violation or hazard within the
time specified in a previously issued Notice of Violation or
Hazard ; or
ii . For violation of the Code or state statute which
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 CRS 1973 , Sections 32-1-
1002( 3) (c)and (d) , as amended, whether or not a notice has
been previously issued .
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B. An Order for the Immediate Correction of Hazard 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 ;
vii . Penalties for violation of order ; -
viii . Signature of Chief or Fire Marshal ;
viv . Acknowledgment 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 delivering to the Chief or Fire Marshal in writing a
notice of appeal within 5 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 an enforcement agreement 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 3 days of the issuance of
an Order .
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 a Court of competent jurisdiction
pursuant to CRS 1973 , Section 32-1-1002 ( 3 ) as amended , and
compliance with the order and correction of the hazard has not
occurred , the Board may , upon recommendation of the Chief , the
Fire Marshal , or upon its own motion , refer the matter to the
District Attorney of the county in which the violation occurs for
prosecution.
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 also of an Order for Immediate
Correction of Hazard which is issued pursuant to Section
IX( 3) (a) ( i) herein. An appeal of an order issued pursuant to
Section IX ( 3 ) (a) ( ii ) herein shall not suspend the time limits for
compliance or correction, and compliance or correction shall be
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made or rendered forthwith , unless the order is suspended by the
Board.
9 . Whenever the Chief or Fire Marshal disapproves an application
or when it is claimed that the provisions of this Code do not
apply or that the true intent and meaning of the Code has 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 any such
decision .
SECTION NINE
PENALTIES
1 . Any person who shall violate any of the provisions of this
.Code or standards hereby adopted , or who shall 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 contained in specifications or plans submitted and
approved thereunder , or any certificate issued thereunder , and
from which no appeal has been taken , or who shall fail to comply
with an order as affirmed or modified by the Fort Lupton Fire
Protection District Board or by a court of competent jurisdiction ,
within the time fixed herein, shall severally for each and every
such violation and the non-compliance , respectively , be guilty of
a misdemeanor , punishable by a fine of not more than three hundred
dollars or by imprisonment for nor more than ninety days or by
both such fine and imprisonment . The imposition of one penalty
for any violation shall not excuse the violation or permit it to
continue ; and all such person shall be required to correct or
remedy such violations or defects within a reasonable time ; and
when not otherwise specified, each ten day period that a
prohibited condition continues to exist or is not corrected shall
constitute a separate offense .
2 . The application of the above penalty shall not be held to
prevent the enforced removal of prohibited conditions .
3 . Enforcement of the provisions herein shall be provided by and
through the County Court of Weld County or by the Municipal Court
of the City of Fort Lupton in the event of a violation occuring
within the city limits of the City of Fort Lupton. For a
violation occuring within the city limits of the City of Fort
Lupton, the Fort Lupton Municipal Court shall have concurrent
jurisdiction with the Weld County Court .
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SECTION TEN
REPEAL OF CONFLICTING ORDINANCES OR RESOLUTIONS
All former Resolutions or Ordinances adopted by or approved
by any jurisdiction having authority over the adoption of such
ordinances or resolution which shall be inconsistent with the
provisions of this Resolution or of the Uniform Fire Code or
standards hereby adopted are hereby repealed by the adoption of
this Resolution.
SECTION ELEVEN
VALIDITY
The Fort Lupton Fire Protection District Board of Directors
hereby declares that should any section , paragraph , sentence , or
word of this Resolution or of the Uniform Fire 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 Resolution
independent of the elimination herefrom of 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 provision of the
Resolution or the Code or standards adopted herein be interpreted
to be in conflict with existing Colorado State law. In the event
there is a conflict between State law and this Resolution or . the
Uniform Fire Code adopted hereby , State law shall take precedent .
SECTION TWELVE
DATE OF EFFECT
This ordinance shall take effect and be in force from and
after its approval as required by law pursuant to CRS 1973 ,
Section 32-1-1002 ( 1 ) ( d) .
ADOPTED by the Fort Lupton Fire Protection District this 30th day
of April , 1992 .
FORT
LUPTON FIRE PROTECTION DISTRICT
• �Cct yr
Alvin Dechant
Attest :
L),0 ,.4 ,79;I /7
U -7-
ORDINANCE NO. 630
INTRODUCED BY ELLEN BAKER
AN ORDINANCE PROVIDING FOR THE ADOPTION OF 1991 EDITION OF THE
UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS IN THE CITY OF
FORT LUPTON, COLORADO, ALL AS PROMULGATED AND PUBLISHED BY THE
INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, AND THE WESTERN
FIRE CHIEFS ASSOCIATION, AND REPEALING PARTS OF ORDINANCE 544 AND
ALL OTHER ORDINANCES IN CONFLICT THEREWITH, AND PROVIDING PENALTIES
FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT LUPTON,
COLORADO, AS FOLLOWS:
SECTION 1. PURPOSE.
This ordinance is hereby enacted for the preservation and promotion
of the public health, welfare and safety of the inhabitants of the
City of Fort Lupton, and of the public, and for the preservation
and promotion of the convenience, good order, tranquility,
prosperity, happiness, morals, best interests and general welfare
of said people, and to establish regulations governing conditions
hazardous to life and property from fire or explosion arising from
the storage, handling and use of hazardous substances, materials
and devises.
SECTION 2 . ADOPTION OF CODES.
Pursuant to Title 31, Article 16, Parts 1 and 2, Colorado Revised
Statutes, as amended, there is hereby adopted by reference the
editions of the Uniform Fire Code and Uniform Fire Code Standards,
1991 editions, promulgated and published by the International
Conference of Building Officials, 5360 South Workman Hill Road,
Whittier, CA 70601 and Western Fire Chiefs Association, Palm Brook
Corporate Center, 3602 Inland Empire Boulevard, Suite B-205,
Ontario, CA 91764 .
SECTION 3 . UNIFORM FIRE CODE.
The subject matter of the Uniform Fire Code is to provide
regulation for the safeguarding of life and property from the
hazards of fire and explosion. The purpose of this ordinance is
to govern the maintenance of buildings and premises; to safeguard
life, health, property and public welfare by regulating the
storage, use and handling of dangerous and hazardous substances,
materials and from conditions hazardous to life and property in the
use or occupancy of buildings or premises.
SECTION 4 . UNIFORM FIRE CODE STANDARDS.
The subject matter of the Uniform Fire Code Standards is the
Uniform Body of Fire Code Standards considered necessary to
properly administer the Uniform Fire Code. It contains standards
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of the American Society for Testing and Materials and of the
National Fire Protection Association referenced by the Uniform Fire
Code. These standards govern the Fire Code requirements for
various flash point tests, for selection of fire extinguishers,
aircraft fueling, use of industrial furnaces, industrial and
institutional oxygen systems, various fire protection systems,
transportation and storage of flammable or combustible liquids, and
use of liquified petroleum gases.
SECTION 5. LIMITS FOR ABOVE GROUND TANKS.
The limits referred to in Section 79. 501 and 79 . 1001 of the Uniform
Fire Code shall be prohibited within the city limits of the City
of Fort Lupton as may from time to time be established by the City
of Fort Lupton Planning and Zoning Ordinance now or hereinafter in
effect.
SECTION 6. LIMITS FOR LIQUIFIED PETROLEUM GASES.
The limits referred to in Section 82 . 104 (a) of the Uniform Fire
Code, in which storage of liquified petroleum gas is restricted,
are hereby established as follows:
Storage of liquified petroleum gases shall be restricted
within the limits of the City of Fort Lupton as may be
established pursuant to any presently existing or subsequently
adopted Zoning Ordinance as established by the City of Fort
Lupton.
SECTION 7. LIMITS FOR EXPLOSIVES AND BLASTING AGENTS.
The limits referred to in Section 77. 106 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.
SECTION 8. AMENDMENTS MADE IN THE UNIFORM FIRE CODE.
The Uniform Fire Code is amended and changed in the following
respects:
1. Article Four - PERMITS is deleted in its entirety and no
permits shall be required to be obtained.
2 . Article Two, Section 2. 303 shall be amended by the deletion of
Section 2 . 303 in its entirety and by the insertion of the
following:
et.7
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(a) "2 . 303 (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 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 the 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 By-Laws, 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 any interested person directly
affected by the application of this Code. Such agreements may
extend the time for compliance with the Code, and may contain
such terms and conditions as the Board deems appropriate to
adequately protect the life, health, property, security and
welfare of the general public. "
3 . That Article Two, 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 far as the authority set forth in CRS
1973 , Section 32-1-1002 (3) , or other applicable state statutes. "
4 . Article Three, Section 3 . 105 shall be added to read as follows:
"This Article shall be interpreted to be consistent with the
provisions of CRS 1973, Section 32-1-1002 (3) as amended.
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 any
private dwelling, in accordance with the inspection procedures set
forth in CRS 1973, Section 32-1-1002 (3) as amended. 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. Such notice shall be
signed by the Chief or Fire Marshal and shall contain as a minimum,
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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 or sub-Sections of the Uniform Fire Code;
e. Date of Compliance/reinspection;
f. Suggested methods of correction, if applicable;
g. Right to appeal to the 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 Fire Chief or Fire Marshal.
i. For failure to correct violation or hazard within the time
specified in a previously issued Notice of Violation or
Hazard; or
ii. For violation of the Code or state statute which 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 CRS 1973 , Sections 32-1-1002 (3) (c) and (d) ,
as amended, whether or not a notice has been previously
issued.
B. An order for the immediate Correction of Hazard 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;
vii. Penalties for violation of order;
viii. Signature of Chief or Fire Marshal;
ix. Acknowledgment 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 delivering to the Chief or Fire Marshal in writing a
notice of appeal within 5 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
an enforcement agreement as it deems proper.
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(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 3 days of the issuance of an Order.
(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 a Court of competent jurisdiction
pursuant to CRS 1973, Section 32-1-1002 (3) as amended, and
compliance with the order and correction of the hazard has not
occurred, the Board may, upon recommendation of the Chief, the Fire
Marshal, or upon its own motion, refer the matter to the District
Attorney of the county in which the violation occurs for
prosecution.
(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 also of an order for Immediate
Correction of Hazard which is issued pursuant to Section
IX(3) (a) (i) herein. An appeal of an order issued pursuant to
Section IX(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 when it is claimed that the provisions of this Code do not apply
or that the true intent and meaning of the Code has 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 any such
decision.
SECTION 10. PENALTIES.
(a) It shall be unlawful for any person, firm or corporation
to erect, construct, enlarge, alter, repair, improve, remove,
convert or demolish, equip, use, occupy or maintain any building
or structure in the City of Fort Lupton or cause or permit same to
be done, contrary to or in violation of any of the provisions of
the Uniform Fire Code and Uniform Fire Code Standards, 1991
Editions;
(b) Any person, firm or corporation violating any of the
provisions of these codes shall be guilty of a misdemeanor and each
such person shall be deemed guilty of a separate offense for each
and every day or portion thereof during which any violation of any
of the provisions of the codes is committed, continued or permitted
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and, upon conviction of any such violation, such person shall be
punished by a fine of not more than One Thousand Dollars ($1000.00)
or by imprisonment for not more than one (1) year or by both such
fine and imprisonment.
(c) The imposition of one penalty for any violation shall not
excuse the violation or permit it to continue and all such persons
shall be required to correct or remedy such violations or defects
within a reasonable time and when not otherwise specified, each ten
(10) days that prohibited conditions are maintained shall
constitute a separate offense.
(d) The application of the above penalty shall not be held to
prevent the enforced removal of prohibited conditions.
SECTION 11. VALIDITY.
The City Council hereby declares that should any section.
paragraph, sentence or word of this ordinance or of the portion of
the codes hereby adopted be declared for any reason to be invalid,
it is the intent of the City Council that it would have passed all
other portions of this ordinance independent of the elimination
herefrom of any such portion as may be declared invalid.
SECTION 12 . APPLICATION.
This ordinance shall apply to the jurisdiction of the City of Fort
Lupton, Colorado, the Fort Lupton Fire Protection District in which
the City is located, by and through the Fire Marshal appointed by
the Fire Protection District or by the Fire Chief of said District
or by both the Fire Marshal and the Fire Cheif.
Whenever the term "Chief" or "Chief of the Bureau of Fire
Prevention" is used, it shall be held to mean either the Fire Chief
of the Fort Lupton Fire Protection District of the Fire Marshal of
the Fort Lupton Fire Protection District or either as the context
may require.
SECTION 13 . INTERPRETATION.
This ordinance shall be so interpreted and construed as to
effectuate its general purpose to conform with the Uniform Codes
adopted herein. Article and section headings of the ordinance and
adopted codes shall not be deemed to govern, limit, modify or in
any manner affect the scope, meaning or extent of the provisions
of any article or section thereof.
SECTION 14. CODE COPIES.
At lease three (3) copies of the Uniform Fire Code and Uniform Fire
Code Standards, all certified to be true copies, have and are now
on file in the office of the the City Clerk, and may be inspected
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by any interested person between the hours of 8 : 00 A.M. and 5: 00
P.M. , Monday through Friday, holidays excepted. The Code as
finally adopted shall be available for sale to the public through
the office of the City Clerk at a moderate price.
SECTION 15. REPEAL.
Parts of Ordinance No. 544 applying to the Uniform Fire Code and
Uniform Fire Code Standards are existing ordinances or parts of
ordinances covering the same matters as embraced in this ordinance
are hereby repealed and all ordinances or parts of ordinances
inconsistent with the provisions of this ordinance are hereby
repealed, except that this repeal shall not affect or prevent the
prosection of any person, firm or corporation for any act done or
committed in violation of any ordinance hereby repealed prior to
the taking effect of this ordinance.
INTRODUCED, READ AND ORDERED PUBLISHED this 12TH day of August,
1992 .
CITY OF FORT LUPTON, COLORADO
_ g -re-a
May 2
Attest:
Lem m
ity Clerk
PUBLISHED IN THE FORT LUPTON PRESS AUGUST 19, 1992
ADOPTED ON FINAL READING AND ORDERED PUBLISHED this 9TH day of
SEPTEMBER , 1992 .
CITY OF FORT U TON
May
Attest:
Q
Ci y Clerk
:
LAW OFFICE ,^
of
JOHN R. DENT
�,. r_._ ni r- 115
616 Denver Avenue
c
P.O. Box 333
��._._.�.�(Fort Lupton, CO 80621
To T (303)857.4667
October 16 , 1992 'metro-Den*er(303)659-2028
Mr . George Kennedy , Chairman
Weld County Commissioners
P .O. Box 758
Greeley , CO 80632
RE : FORT LUPTON FIRE PROTECTION DISTRICT/REQUEST FOR COUNTY
ADOPTION OF 1991 UNIFORM FIRE CODE
Dear Commissioner Kennedy :
On April 30 , 1992 , the Fort Lupton Fire Protection District
adopted by resolution the 1991 Addition of the Uniform Fire Code .
Pursuant to statute , the Fort Lupton Fire Protection District
then presented the Resolution to the City of Fort Lupton, who
after review and consideration adopted the 1991 Addition of the
Uniform Fire Code by Ordinance on final reading September 9 , 1992 .
In the past , the County has indicated that it is willing to
also approve the Uniform Fire Code if adopted by the Fire District
and so long as what the County has requested to adopt is
consistent with what the City has adopted so there is no
difference between the Fire Code as it applies in the rural areas
within the Fire District outside the city limits and that which
applies within the city limits .
Therefore , now in behalf of the Fort Lupton Fire Protection
District , we would request that the County adopt the 1991 Uniform
Fire Code with respect to all areas lying within the Fort Lupton
Fire Protection District and outside of the City of Fort Lupton.
For your reference and review, I enclose copies of the
Resolution by which the Fort Lupton Fire Protection District
adopted the 1991 Addition of the Uniform Fire Code and a fully
executed copy of the Ordinance adopted by the City of Fort Lupton.
Thank you for your consideration in this matter .
Sine e
4.4
ohn R. Dent , attorney for Fort Lupton Fire Protection District
JRD: tl
enc :
cc : Mr . Alvin Dechant , President of the Fort Lupton Fire
Protection District
Mrs . Nona Schaefer , Executive Secretary
Larry Richardson , Fire Marshall
', mEmoRAnDum
1111€ Lee Morrison
Edwin Stoner 17 December 28, 1992
To Date
COLORADO From
Fort Lupton Fire Protection District,1991 Edition of the UFC
Subject:
Fort Lupton Fire Protection Districts adoption of the 1991 edition of the Uniform
Fire Code as amended should not present any conflicts with the Weld County
Ordinance or adopted codes.
S30039
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