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Home My WebLink About900264.tiff RESOLUTION RE: CONSENT TO ENFORCEMENT OF RESOLUTION ADOPTING AMENDED UNIFORM FIRE CODE BY DACONO AREA FIRE PROTECTION DISTRICT WITHIN UNINCORPORATED PORTIONS OF WELD COUNTY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Section 32-1-1002 (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 Dacono Area Fire Protection District has presented a resolution adopting the Uniform Fire Code, Uniform Fire Code Standards, and as referenced by the National Fire Codes, prescribing regulations governing conditions hazardous to life and property from fire or explosion, and providing for the issuance of permits for hazardous uses or operations, and WHEREAS, this amended fire code proposal from the Dacono Area 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 Dacono Area Fire Protection District be, and hereby is, consented to. S�OC1'.5" ee t{a „r 9,4- 900264 Page 2 RE: AMENDED FIRE CODE - DACONO AREA The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 28th day of March, A.D. , 1990. y BOAR OF COUNTY COMMISSIONERS ATTEST: �c�P1ti4J WEL C NTY, COLORADO Weld County Clerk and Recorder AYE and Clerk to the Board en rantn r, C airman v ; AYE � �/ g„) Ge dy, Pro-Tern �eputy County erk re APPROVED AS TO FORM: onstance L. Harbert . K AYE �-� --� C.W.. Kirby .County Attorney EXCUSED DATE OF SIGNING - NAY Gordon E. Lacy 900264 UNIFORM FIRE CODE DACONO AREA FIRE PROTECTION DISTRICT A Resolution adopting the Uniform Fire Code, Uniform Fire Code Standards, and as referenced by the National Fire Codes, Prescribing Regulations governing conditions hazardous to life and property from fire or explosion, and providing for the issuance of permits for Hazardous uses or operations . This Resolution of the Board of Directors of the Dacono Area Fire Protection District shall be numbered, Resolution #89-27 , Whereas, the Board of Directors of the Dacono Area Fire Protection District deems it necessary to adopt the following codes, standards and references for the purpose of establishing rules of conduct and standards for 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 levels of fire protection to be provided by a rural fire protection district; NOW THEREFORE BE IT RESOLVED, that; Section 1 . Adoption of the Uniform Fire Codes and Uniform Fire Code Standards , with the National Fire Codes as Reference . There is hereby adopted by the Dacono Area Fire Protection District for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain code and standards , known as the Uniform Fire Code , 1988 Edition , including Appendices I-C, II-A, II-B, II-C, II-D, III-C , III-D, IV-A, V-A, VI-A, VI-B, VI-C, VI-D, and VI-E, and the Uniform Fire Code Standards, 1988 Edition, both promulgated by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier , California, 90601 , jointly with the Western Fire Chief's Association at the same address, are hereby adopted as Codes by Reference . The subject matter of said Codes and Standards includes minimum regulations for the safeguarding of life and property from the hazards of fire and explosion arising from storage, handling, and use of hazardous substances , materials , and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises. In case of conflict between the code and standards adopted herein, and any other specific codes and standards adopted by Weld County, the specific 1 900264 provisions of the Weld County Code shall prevail . This Code and Standards shall take effect in the un- incorporated portions of Weld County on the date of approval by the Board of Weld County Commissioners . This Code and Standards shall be in effect within the territorial limits of the Dacono Area Fire Protection District. Section 2 . Establishment and duties of the fire prevention bureau. Organizational structure and duties of the fire prevention bureau shall be consistent with Article 2 , Section 2 . 103 of the Uniform Fire Code , 1988 Edition . Section 3 . Definitions . Wherever the word District is used, it shall mean the Dacono Area Fire Protection District. Wherever the word Jurisdiction is used in the adopted Codes and Standards, it is meant to be inclusive of the boundaries of the Dacono Area Fire Protection District as they may now or hereafter exist. Where the term Chief or Chief of the Fire Prevention Bureau is used, it shall be held to mean the Chief or the Dacono Area Fire Protection District or a delegated member of the District. Where the term Fire Prevention Bureau is used, it shall be held to mean either the entire department or those employees and personnel designated by the Chief to carry out the specific duties as they relate to fire prevention. Where the term Board is used , it shall be held to mean the Board of Directors of the Dacono Area Fire Protection District. Wherever the term Uniform Building Code is used, it shall be held to mean the Uniform Building Code as amended and adopted by Weld County . Section 4. Storage of Flammable or Combustible Liquids above ground . Aboveground storage of flammable or combustible liquids shall be governed by the regulations of Article 79 of the Uniform Fire Code , except for areas specifically zoned by Weld County for such aboveground storage, and shall not be in conflict with any code or regulations of the State of Colorado Oil and Gas Commission . Section 5 . Establishment of limits in which storage of Liquified Petroleum Gases are prohibited. The limits referred to in Section 82 . 105 (a) of the Uniforfi Fire 2 9(y0264 Code, in which the storage of liquified petroleum gas is restricted, are hereby established as follows: As addressed by any ordinance or zoning regulation adopted by the Weld County Commissioners. This section shall not be in conflict with any applicable State , County or Federal Codes pertaining to liquified petroleum gases. Section 6 . Establishment of limits of districts in which storage of explosives and blasting agents is to be prohibited. The limits referred to in Section 77-106 ( b) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited : Any area within the un-incorporated portions of Weld County within the Dacono Area Fire Protection District, which are not zoned as industrial districts as defined by Weld County Zoning Regulations and specifically allowing such storage . Section 7 . Amendments made in the Uniform Fire Code. The Uniform Fire Code is amended and changed in the following respects : 1 . Section 10 .307 .2 of the Uniform Fire Code is amended to read: When serving 25 or more in other occupancies. 2. Section 10. 209 , Key Boxes, is amended to read as follows: a. When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for lifesaving or fire-fighting purposes, the Chief may require a key box to be installed in an accessible location . The Chief shall require key boxes in the following instances: 1 . In all residential occupancies that are locked for security reasons and that have common corridors to living units. 2 . In all structures or occupancies equipped with a fire alarm system, Except Single Family Residential Units . 3 . In all Sprinklered structures or occupancies, Except Single Family Residential Units. 4 . In all non-residential occupancies of 20 , 000 square feet or larger. 5 . Any covered mall for entry into individual spaces. 6 . Any non-residential structure, without windows. Windows that are covered to the extent that quick access and visibility to the inside of the structure are blocked will not be considered as windows. 7 . The key box shall be a type approved by the Chief and shall contain keys to gain necessary access as required by the 3 900264 Chief. Section 8. Appeals . Whenever the chief of the bureau of fire prevention disapproves an application or revokes or refuses to grant a permit applied for, or when it is claimed that the provisions of the Code and Standards herein do not apply or that the true intent and meaning of the Code or Standards have been misconstrued or wrongly interpreted , or Notice of Violation or Hazard, the applicant may appeal from the decision of the chief, within 30 days of the decision being appealed , to the Board of Appeals constituted pursuant to Section 2 . 303 of the Code herein adopted . The appeal shall be in writing and shall set forth the decision being appealed and the specific grounds for the appeal . Section 9 . New Materials, processes or occupancies which may require permits. The President of the Board of the fire district, the fire chief, and the chief of fire prevention bureau 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 are required in addition to those now enumerated in said code . The chief of the bureau of fire prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 10 . Permits. Permits referred to in Section 4 . 101 of the Code adopted herein shall be issued at no charge and shall be in effect for an indefinite period unless otherwise specified in the permit, or until such time that it is apparent to the Chief of the Bureau of Fire Prevention that said stipulations or conditions of the permit are not being complied with, at which time the permit shall be revoked . Section 11 . Placement of Fire Hydrants. All fire hydrants locations will be set by the fire chief ( fire marshal ) as to distance from buildings , intersection , streets, or roadways . Section 12 . Penalty for Violation . It shall be unlawful for any person , firm, or corporation to do any act which is forbidden or declared to be unlawful or declared to be a nuisance or to fail to do or perform any act required in this Resolution or in the Code or Standards adopted herein, or for any person, firm, or corporation to erect, construct , reconstruct, alter , remodel , use or maintain any building , structure , or equipment in the District, or cause to permit the same to be done, contrary to or in violation of any of the provisions of this Resolution or of the Code or Standards adopted herein. Maintenance of any condition which was unlawful at the time it was initiated and which would be unlawful at the time it was installed after the effective date hereof shall constitute a continuing violation. Any person, firm, or corporation violating any of the provisions of this Resolution or of the Code or Standards adopted herein shall be deemed guilty of a misdemeanor, shall be deemed of a separate offense for each and 4 900264 every day or portion thereof during which any such violation is committed, continued, or permitted , and upon conviction of any such violation shall be punishable by a fine of not more than three hundred dollars ($300 .00) , or by imprisonment for not more than ninety (90) days , or by both such fine and imprisonment. Section 13. Severability . If any part or parts of this Resolution or of the Code or Standards adopted herein are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of such Resolution , Code or Standards . The Board of Directors hereby declares that it would have passed each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. Section 14. Repeal : Any or all Resolutions of the Board of Directors in conflict or inconsistent herewith are hereby repealed, provided however, that the repeal of any resolution shall not revive any other resolution or section thereof. Section 15 . Copies: The Dacono Area Fire Protection District shall maintain sufficient copies of the Code and Standards adopted herein as required by law, in the fire station . Section 16. Date of Effect. This Resolution shall take effect and be enforced within the unincorporated portions of Weld County , within the jurisdictional boundaries of the Dacono Area Fire Protection District, from and after it' s approval as set forth in Section 32-1-1002 ( 1 ) ( d ) , CRS. Adopted this I`-' day of Seen 6ei2 1989 . DACONO AREA FIRE PROTECTION DISTRICT By . A. LeRoy nston President ATTEST ; ord L. Richards S cretary-Treasurer 5 900264 Hello