HomeMy WebLinkAbout972620.tiffRESOLUTION
RE: CONSENT TO THE ENFORCEMENT BY THE WINDSOR -SEVERANCE FIRE
PROTECTION DISTRICT OF THE 1994 UNIFORM FIRE CODE AND STANDARDS,
WITH AMENDMENTS, WITHIN THE DISTRICT'S 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), C.R.S., provides that a fire code promulgated by a
fire district may be enforced in the unincorporated portions of a county only with the consent of
the Board of County Commissioners of such county, and
WHEREAS, the Windsor -Severance Fire Protection District ("the District") has
presented a resolution adopting and promising to enforce the 1994 Edition of the Uniform Fire
Code and Standards, with certain amendments included in said resolution, within the District's
unincorporated portions of Weld County, and
WHEREAS, after review, the Board deems it advisable to consent to the enforcement
by the District of the 1994 Edition of the Uniform Fire Code and Standards, with certain
amendments included in said resolution of the Windsor -Severance Fire Protection District,
within the District's unincorporated portions of Weld County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that it hereby consents to the enforcement by the Windsor -Severance
Fire Protection District of the 1994 Edition of the Uniform Fire Code and Standards, with certain
amendments as included in the attached resolution of the Windsor -Severance Fire Protection
District, within the District's unincorporated portions of Weld County.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 22nd day of December, A.D., 1997.
CC ; 0H; &&5FPD
BOARD OF COUNTY COMMISSIONERS
WELD OUNTY, CO RADIO
c
George E. Baxter, Chairman
J„ �AUhll _ }l /i 7Cfl 4
arbara J. Kirkme,yer o
W.H. ebs er
972620
SD0002
1
2
3
FIRE CODE
WINDSOR - SEVERANCE FIRE PROTECTION DISTRICT
4 A RESOLUTION ADOPTING THE UNIFORM FIE CODE, UNIFORM FIRE CODE
5 STANDARDS PRESCRIBING REGULATIONS GOVERNING CONDITIONS
6 HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND
7 PROVIDING FOR [HN. ISSUANCE OF PERMITS FOR HAZARDOUS USES OR
8 OPERATION.
9
10 WHEREAS, The Board of Directors of the Windsor - Severance Fire Protection District deems
11 it necessary to adopt the following code for the purpose of establishing rules of conduct and
12 standards for the protection life, health, property, security, and welfare of the inhabitants of the
13 District; and
14
15 WHEREAS, The Board of Directors has considered the effect of the fire code enforcement
16 within the boundaries of the District and has determined that enforcement of the proposed codes
17 would not cause undue hardship or suppression of economic growth within the District; and
18
19 WHEREAS, The Board of Directors has studied the necessity for realistic and reasonable level of
20 fire protection to be provided by a rural fire protection district; and
21
22 WHEREAS, The Board of Directors will pursue adoption by municipalities within the limits of
23 the District to adopt the same codes for the purpose of ensuring equitable protection of all of the
24 inhabitants of the District;
25
26 NOW, THEREFORE, BE IT RESOLVED:
27
28 SECTION I: Adoption of 1994 Uniform Fire Code and Uniform Fire Code Standards.
29
30 There is hereby adopted by the Windsor - Severance Fire Protection District for the purpose of
31 prescribing regulations governing conditions hazardous to life and property from fire, hazardous
32 materials, or explosion, that certain Codes and Standards known as the Uniform Fire Code,
33 including Appendix Chapters and the Uniform Fire Code Standards. published by the International
34 Fire Code Institute' and the International Conference of Building Officials, being particularly the
35 1994 editions thereof and the whole thereof, save and except such portions as are hereinafter
36 deleted. modified, or amended by the Resolution of which said Code and Standards are now filed
37 in the offices of the Windsor - Severance Fire Protection District, and the same are hereby
38 adopted and incorporated as fully as if set out at length herein. The date on which this Resolution
39 shall take effect within the incorporated municipalities within this District shall be the date of
40 approval by the governing board of said municipality and the date on which it shall take effect
41 within the unincorporated portions of Weld/Larimer Counties shall be on the date of approval by
42 the Boards of County Commissioners in and for the Counties of Weld/Larimer. State of
43 Colorado. This Code shall be in effect within the territorial limits of the Windsor - Severance Fire
44 Protection District.
45
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46 SECTION II: Establishment and Duties of Fire Prevention
47
48 Organizational structure and duties of the fire prevention bureau or department, if any, shall be as
49 provided by the District's bylaws.
.50
51 SECTION III: Definitions.
52
53 Wherever the word "District" is used, it shall mean the Windsor - Severance Fire Protection
54 District.
55
56 Wherever the word "jurisdiction" is used in the adopted Code and Standards, it is meant to be
57 inclusive of the boundaries of the Windsor - Severance Fire Protection District as they now or
58 may hereafter exist.
59
60 Where the term "Chief' or "Chief of the Bureau of Fire Prevention" is used, it shall be held to
61 mean the Chief or Fire Marshal of the Windsor - Severance Fire Protection District, or a
62 designated member of the District.
63
64 Where the term "Bureau of Fire Prevention" is used, it shall be held to mean either the entire
65 department or those employees (paid or volunteers) designated by the Chief to carry out
66 enforcement duties relating to the prevention of fires and the suppression of arson.
67
68 Where the term "Board" is used, it shall be held to mean the Board of Directors of the Windsor -
69 Severance Fire Protection District.
70
71 Wherever the term "Uniform Building Code" is used, it shall be held to mean the Uniform
72 Building Code as adopted. amended and incorporated into the Weld/Larimer County Building
73 Code, Town of Windsor Building Code or the Town of Severance Building Code.
74
75 SECTION IV: Establishment of Limits in Which Storage of Liquefied Petroleum Gases is to be
76 Restricted.
77
78 The limits referred to in Article 82. Section 8204.2 of the Uniform Fire Code, in which the
79 storage of liquefied petroleum gas is restricted are hereby amended as follows: "or as addressed
80 by any ordinance or zoning regulation adopted by Weld/Larimer Counties, or municipalities. This
81 section shall not be interpreted so as not to be in conflict with the provisions of § 8-20-101 et seq.
8? and § 34-64-101 et seq., C.R.S."
83
84 SECTION V. Amendments Made in and to the Uniform Fire Code. The Uniform Fire Code is
85 amended and changed in the following respects:
86
87 1. Article 1, Section 103.I.3 "Practical difficulties." Shall have the following paragraph added:
88 "Any variance to the Code shall be documented on a Variance Approval Form and shall be signed
89 by the Fire Chief or designee and the Fire Marshal. Variances shall be based upon an evaluation
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90 of the circumstances. Variances shall only establish a precedent where similar circumstances exist
91 and where the Code adopted at the time of the variance is still current."
92
93 2. Article 1, Section 103.2.1.2 "Fire prevention personnel and police." Shall be deleted and the
94 following statement shall be inserted: "The authority of the Chief of the fire district or designated
95 members of the department to act as police officers shall only extend as far as the authority set
96 forth in § 32-1-1002, C.R.S. , or other applicable state statutes.
97
98 3. The following Section to be added to Article 1, and to be known as Section 103.4.7,
99 Compliance Agreements.
100 "The Board upon recommendation of the Chief or upon its own motion. may enter into written
101 agreements for enforcement or compliance with the owner, lessee, occupant or authorized agent
102 thereof, or any property, building or structure, or any interested person directly affected by the
103 application of this code. Said agreements may extend the time for compliance with this code, and
104 may contain such terms and conditions that the Board deems appropriate to adequately protect
105 the life, health, property. security and welfare of the general public."
106
107 4. The following section is to be added to Article 1, and to be known as Section 103.3.5
108 Inspections:
109 "Pursuant to § 32-1-1002(1)(e)(II) C.R.S. , the Board may fix and from time to time may increase
110 or decrease fees and charges , in its discretion, for inspections and review of plans and
111 specifications which are:
112 (a) Requested or mandated for existing structures, buildings and improvements; and
113 (b) Necessitated in conjunction with any county regulation, resolution or condition of
114 development; or
115 (c) Performed in conjunction with the construction of new structures, buildings, and
116 improvements.
117
118 Said fees and charges may. in the discretion of the Board, include a charge for reimbursement to
119 the District of any consultation fees, expenses or costs incurred by the District in the performance
120 of the inspections or review of the plans and specifications."
121
122 5. The following section is to be added to Article 1, and to be known as Section 101.10 "This
123 Article shall be interpreted to be consistent with the provisions of § 32-1-1002(3), C.R.S."
124
125 6. Article 1. Section 105.1 shall be amended by the addition of a sentence reading as follows:
126 "No such permit shall be required where burning is regulated pursuant to regulations
127 promulgated under § 25-7-123, C.R.S. and regulated by the Weld/Larimer County Health
128 Departments or municipal authorities.
129
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130 7. Appendix III -B shall be supplemented by the following:
131
132 "Supplement to Appendix BI -B
133 Types of Hydrants:
134 Fire Hydrants shall be the Mueller Centurion or the Waterous Pacer. The Waterous Pacer shall be
135 equipped with an upper standpipe section with a nominal height equal to the Mueller Centurion. Fire
136 hydrants shall be dry barrel. Fire hydrants shall have two 2 '/z" ports and one 4 ' " port. All thread
137 shall be National Standard Thread, (NST). Fire Hydrants shall operate by opening in a counter -
138 clockwise direction and closing in a clockwise direction. The hydrant shall have the standard five sided
139 nut on the port caps and the operating stem. The hydrant shall be installed with the 4'/" port facing
140 the roadway.
141 Hydrant Installation:
142 Fire Hydrants shall be constructed such that an isolation valve is located between the hydrant and the
143 water main. The valve shall be accessible.
144 The hydrant shall be installed so that the base flange is above grade with at least the base flange bolts
145 exposed, and not greater than five inches from the grade to the bottom of the base flange bolts.
146 Hydrants shall have a break away section per manufacturers specifications. The breakaway should be
147 installed level with grade.
148 All fire hydrants shall be installed with a course gravel bed to ensure adequate drainage from hydrant
149 weep holes. Thrust blocks shall be installed in accordance with AWWA and NFPA .
150 Hydrants shall be visible and accessibie for fire fighters without difficulty. Vegetation and
151 landscaping shall not conceal the hydrant.
152
153 Hydrant Spacing:
154 Residential - Fire Hydrants should be no greater than 600 feet apart; with no structure greater than
155 300 (600/300).
156 Multi -Family Residential - An individual analysis for each Multi -Family Residential area will be
157 conducted to ensure coverage of all areas of structures and to provide adequate fire flows.
158 Commercial and Industrial - An individual analysis will be conducted for spacing and will be dependent
159 on fire flow requirements, spacing may be between 500/250 for light commercial to 250/250 for
160 industrial.
161 Low Density Residential - An individual analysis will be conducted for each rural subdivision where
162 lots within the subdivision are equal or greater than 2 acres. Low Density Residential shall comply with
163 residential unless the District approves an alternative. Alternatives shall be based upon the individual
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164 analysis and the proposal submitted by the developer. Cisterns, dry hydrants and open water sources
165 are not acceptable alternatives.
166 Hydrants on streets without access to structures or where no structural hazard is present shall be
167 spaced at 1000 feet, except in rural areas where water supplies may not be available.
168 Hydrants shall not be more than 10 feet from an approved fire access or roadway. The grade from the
169 roadway or access and the hydrant shall be near to level.
170 The placement of hydrants in developments without a grid type street design will be based upon an
171 evaluation by the fire department to ensure operational needs.
172 Placement of hydrants in dead end streets shall be based upon the distance of the street from the
173 intersection to the end of the street.
174 The placement of hydrants at the end of the dead end street is for use as a blowout and it is not
175 credited for use in fire fighting operations.
176 Blowouts should meet the same criteria as hydrants for fire fighting operations, or designed to ensure
177 that the blowout will not adversely affect fire fighting operations due to failure.
178 Streets with islands may require additional hydrants unless the hydrants are placed in the islands.
179 Fire Flows:
180 Fire flows shall be not less than 1000 gpm at 20 psi minimum for single family residential. Multi -
181 Family Residential will be evaluated based upon the size of the structures involved. Commercial and
182 industrial fire flows will be calculated based upon the size of facility and occupancy."
183 SECTION VIII: Enforcement Procedures and Appeals.
184
185 I. The Chief shall enforce this code and shall inspect or cause to be inspected all buildings,
186 structures, property, premises, and public places, except the interior of any private dwelling, in
187 accordance with the procedures set forth in § 32-1-1002(3). C.R.S. All inspections shall be
188 recorded in an inspection report.
189
190 2. A "Notice of Violation or Hazard" may be issued by the Chief or his designee concerning
191 violations or hazards which are not corrected on -site during an inspection. Said Notice shall be
192 signed by the inspector and contain, as a minimum, the following information:
193 a. Date of inspection;
194 b. Name/address of premises inspected;
195 c. Name ot rnspecto ;
196 d. Nature of violations, including specific reference to section/subsections of code;
197 e. Date of compliance/reinspection;
198 1 Suggested methods of correction, if applicable;
199 g. Right to appeal to Board:
200 h. Consequences of failure to correct the violation.
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201
202 3. An "Order for Immediate Correction of Hazard" may be issued by the Chief
203 a. For Failure to correct a violation or hazard within the time specified in a previously issued
204 Notice of Violation or Hazard; or
205 b. For violating the code or state statute and said violation renders the building structure or
206 premises especially liable to fire or is hazardous to the safety of the occupants thereof,
207 or which is so situated as to endanger other property as set forth in § 32-1-1002(3)(c),
208 whether or not a Notice has been previously issued.
209 c. An Order shall be signed by the Chief or his designee and shall contain, as a minimum, the
210 following information:
211 i . Date of issuance;
212 ii. Name/address of premises inspected;
213 iii. Nature of violation or hazard;
214 iv. Time limit for correction;
215 v. Right of appeal, if any. to the Board;
216 vi. Right of appeal to the District Court and time limit;
217 vii. Penalties for violation of order;
218 viii. Signature of the Chief or his designee;
219 ix. Acknowledgment of receipt signed by owner, lessee, agent or other responsible person.
220
221 4. An appeal of a Notice of Violation or Hazard may be made to the Board by delivery to the
222 Chief in writing a notice of appeal within five days of the issuance of the Notice of Violation or
223 Hazard. The appeal shall be heard at the next regular meeting or special meeting called for that
224 purpose. The Board may affirm. rescind, or modify the Notice and may enter into such
225 enforcement agreements as it deems proper.
226
227
228 5. An appeal of an Order for Immediate Correction of Hazard may be made to the Board only
229 if no previous appeal has been made of a previously issued Notice of Violation or Hazard
230 concerning the same violation or hazard. An appeal of an Order must be in writing and filed with
231 the Board within three days of issuance of the Order.
232
233 6. The Board shall hear ail such appeals and application for relief and render its decision
234 thereon in accordance with its bylaws, rules and regulations.
235
236 7. In the event no appeal is made to the Board pursuant to this code and resolution or to the
237 court pursuant to § 32-1-1002(3). C.R.S. , and compliance with the Order and/or correction of
238 the hazard has not occurred, the Board may upon recommendation by the Chief or upon its own
239 motion refer the matter to the district attorney of the county in which the violation occurs.
240
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241 8. An appeal shall suspend the time limits for compliance or correction of a fire hazard or
242 hazards, until the appeal is resolved for appeals of a Notice of Hazard which is issued pursuant to
243 Section VIII. paragraph 3(a) herein. An appeal shall not suspend the time limit for compliance or
244 correction of life safety deficiencies or violations. An appeal of an Order issued pursuant to
245 Section VIII, paragraph 3(b) herein shall not suspend the time limits for compliance or correction,
246 and compliance or correction shall be made or rendered forthwith, unless the Order is suspended
247 by the Board.
248
249 SECTION IX: Penalties.
250
251 1. Any owner. lessee, agent. or occupant of any building or premises maintaining any condition
252 likely to cause fire or to constitute an additional fire hazard or any condition which impedes or
253 prevents the egress of persons from such building or premises in violation of the provisions of
254 § 32-1-1002(3). C.R.S., shall be deemed to be maintaining a fire hazard. Any person who violates
255 any provision of said subsection 3 is guilty of a misdemeanor and, upon conviction thereof, shall
256 be punished by a fine of not less than $50.00 or no more than $250.00. Each day in which such
257 violation occurs shall constitute a separate violation of § 32-1-1002(3), C.R.S.
258
259 2. The application of the above penalty shall not be construed to prevent the enforced removal
260 or correction of prohibited conditions or other injunctive relief
261
262 SECTION X: Repeal of Conflicting Ordinances or Resolutions.
263
264 All former ordinances or resolutions enacted by the District or parts thereof conflicting or
265 inconsistent with the provisions of this resolution of the Code orstandards hereby adopted are
266 hereby repealed.
267
268 SECTION XI: Validity and Conflict. .
269
270 The Windsor - Severance Fire Protection District Board of Directors hereby declare that should
271 any section, paragraph. sentence or word of this resolution or of the code or standards hereby
272 adopted be declared for any reason to be invalid, it is the intent of the Windsor - Severance Fire
273 Protection District Board of Directors that it would have passed all other portions of this
274 resolution independent of elimination here from of any such portion as may be declared invalid.
275 It is further the declaration of the Windsor - Severance Fire Protection District Board of Directors
276 that no provision of this resolution or the code or standards adopted herein be interpreted in
277 conflict with existing State law. In the event there is a conflict between State law and this code.
278 State law shall take precedent.
279
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280
281
282
283
284
285
286
287
288
289
290
291 ATTEST:
292
293
294
295
SECTION XII: Date of Effect.
This resolution shall take effect and be enforced within incorporated municipalities and
unincorporated portions of Weld/Larimer Counties from and after its approval as set forth in §
32-1-1002(1)(d) C.R.S.
Adopted this 7? day of 41 , 1997.
WINDSOR - SEVERANCF PROTECTION DISTRICT
T�*ident of the Board
lC
cgetary of the Board
PAGE 8
972�TO
TO: Board of County Commissioners
FROM: Bruce T. Barker, Weld County Attorney
VIIDeDATE:December 4, 1997
RE: Request by Windsor -Severance Fire Protection District for
COLORADO Consent to Applicability of 1994 Uniform Fire Code
In March, 1997, the Windsor -Severance Fire Protection District sent me a letter requesting that
the Board of County Commissioners adopt a resolution consenting to the applicability of the
1994 Uniform Fire Code, with certain amendments, in the Districts unincorporated area of Weld
County. The request is pursuant to C.R.S. § 32-1-1002(1)(d), which says the following:
"(1) In addition to the powers specified in § 32-1-1001, the Board of any Fire Protection District
has the following powers for and on behalf of such District:
(d) To adopt and enforce fire codes, as the Board deems necessary, but no such
code shall apply within any municipality or the unincorporated portion of any
county unless the governing body of the municipality or county, as the case may
be, adopts a resolution stating that such code or specific portions thereof shall be
applicable within the fire protection districts boundaries;"
I sent the request to Ed Stoner, Lead Inspector, for his comments. When his comments came
back, I sent them to the Fire Protection District, which then responded with letters. Various
correspondence went back and forth. All of that is attached.
Ed Stoner had concerns about the Fire District's amendments to Section V., Item 7; Supplement
to Appendix III -B of the 1994 Code. That concern involved the requirement that fire hydrants be
installed in certain locations. I have spoken with Dan Graham, Fire Marshall for the Windsor -
Severance District, about Mr. Stoner's concerns. Mr. Graham explains that the Fire District's
amendments actually make the requirements less restrictive than does the 1994 Code.
Another concern of Mr. Stoner's was that often times fire districts will put strict requirements on
developers regarding fire safety improvements. Those developers have a tendency to call the
county commissioners in an effort to put pressure on the fire district to back down from the
requirements. Mr. Graham explains that the Fire Code includes an appeals process whereby
anyone who feels that the requirements of the Fire Marshall are outside the authority of the fire
code, he or she may appeal the matter to the Districts Appeal Board.
This request has been scheduled for a work session on December 15. 1997. Mr. Graham will be
present to answer questions.
972r20
Fire Protection District
December 4, 1997
Page 2.
I recommend that the Board adopt my proposed resolution which consents to the applicability of
the 1994 Uniform Fire Code in the unincorporated portions of the Windsor -Severance Fire
Protection District. The application of the 1994 Uniform Fire Code in the unincorporated portion
of the District will be consistent with the 1994 Uniform Codes which the Board of County
Commissioners adopted in the fall of 1996.
Bruce -t. Barker
Weld County Attorney
BTB/db: Memo/BOCC/Firecode
Attachments
pc: Monica Daniels -Mika
Lee Morrison
972r ^0
Windsor - Severance Fire Protection District
P.O. Box 308
Windsor, Colorado 80550
Weld County Board of County Commissioners
C/O Bruce Barker, County Attorney
PO Box 1948
915 10th Street
Greeley, Colorado 80632
March 13`h, 1997
On February 13`h, 1997 the Windsor - Severance Fire Protection District Board adopted the 1994
Uniform Fire Code, as amended (see attached). In accordance with the Colorado Revised
Statutes* the Windsor - Severance Fire Protection District Board requests a resolution of
adoption by the Weld County Board of County Commissioners for those areas within the
District's boundaries which are also unincorporated areas of Weld County.
Please contact Dan Graham, Fire Marshal (686-9596) for further information.
Sincerely,
'I1'-
Tom Buxman
President of the Board
Windsor -Severance Fire Protection District
PO Box 308
Windsor, Colorado 80550
Attachment: 1994 Uniform Fire Code as Amended and Adopted
*CRSA § 32-1-1002, Fire protection districts —additional powers and duties
(lxd) To adopt and enforce fire codes, as the board deems necessary, but no such code shall apply within any municipality or the unincorporated
portion of any county unless the governing body of the municipality or county, as the case may he, adopts a resolution stating that such code or specific
portions thereof shall be applicable within the fire protection district's boundaries; except that nothing in this paragraph (d) shall be construed to affect
any fire codes existing on Tune 30, 1981, which have been adopted by the governing body ofa municipality or county. Notwithstanding any other
provision of this section, no fire protection district shall prohibit the sale of permissible fireworks as defined in > section 12-28-101(8), C.R.S., within
its jurisdiction.
Windsor - Severance Fire Protection District
Office of the Fire Marshal
728 Main Street
Windsor, Colorado 80550
October 22, 1997
Bruce T. Barker
Weld County Attorney's Office
915 10th, Street
PO Box 1948
Greeley, Colorado 80632
RE: Request for Clarification, dated August 25, 1997.
Dear Mr. Barker,
ELD COUNTY
ATTORNEY'S OFFICE
I have been somewhat delayed in reviewing your request for clarification. The Fire District
covers two counties and two towns. At the present time Larimer County, the Town of Windsor
and the Town of Severance have passed resolutions accepting the adoption of the Uniform Fire
Code as amended by the Fire District.
Your letter requested clarification in response to Mr. Stoner's concerns. I understand Mr. Stoner
is no longer with Weld County. I will still respond to the concerns addressed to the Fire District.
Mr. Stoner was concerned about how we would address fire code issues with a builder or
developer. At the present time the County Planning Department sends referrals to the Fire
District. The Fire District reviews the proposal and responds to the County with our
requirements. This function will not change if we use the UFC rather than arbitrary requirements.
The issue of how we work together should be contained within an Intergovernmental Agreement
rather than in a code. The Fire District does not have the authority to issue building permits and I
have never had a builder or developer ask me for a permit to build.
The Uniform Fire Code is a companion document to the Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code, etc. The Uniform Codes promulgated by the
International Conference of Building Officials and the International Fire Code Institute are by
design to be used together. Why would anyone working with the Uniform Codes oppose the use
of the companion documents?
97Zr^�1
The County has two methods of establishing "fire safety standards". The County can accept the
"fire safety standards" adopted by the Fire District or develop standards according to the
following statute:
"§ 30-15-401.3. Fire safety standards
(1) In addition to any other powers granted by the general assembly, the board of county commissioners
of each county has the power to adopt ordinances to provide for minimum fire safety standards which
shall be modeled upon those contained in the uniform fire code, including the table of contents, indices,
appendices, and tables, as promulgated by the international conference of building officials, the
international fire code institute, and the western fire chiefs association.
(2) A board of county commissioners may adopt such ordinances only after it has approved the
formation of and received the recommendations of a permanent commission, to be known as the fire code
adoption and revision commission. The commission shall consist of the board or its designees, the fire
chiefs whose departments or districts lie partially or wholly within the portion of the affected county
encompassed by the proposed fire code, and such other members as the board may appoint. Members of
the commission appointed by the board shall serve at the pleasure of the board. Members of the
commission shall receive no compensation or reimbursement of expenses for their services on the
commission."
If the County has adopted such standards I would like to get a copy so that we can compare the
document with the 1994 UFC as amended. If the County has not adopted any such standard, then
the Fire District will have adopted a more restrictive "fire safety standard." Even if the County
has already adopted fire safety standards it can also accept the version adopted for the Fire
District even though it will be different than the rest of the County.
If the County does not accept the application of the fire codes within the County then the
authority of the Fire District is then altered by statute.
"§ 32-1-1002. (1) In addition to the powers specified in section 32-1-1001, the board of any fire
protection district has the following powers for and on behalf of such district:
(0 In areas of the special district where the county or municipality has rejected the adoption of a
tire code submitted by the fire protection district, to compel the owners ofpremises, whenever necessary
for the protection of public safety, to install fire escapes, fire installations, fireproofing, automatic or
other fire alarm apparatus, fire extinguishing equipment, and other safety devices. This paragraph (1)
shall not apply when a valid ordinance providing for fire safety standards, pursuant to section 30-15-
401.5. C.R.S, is in effect "
Under this statute it would appear that the Fire District could compel a developer to install fire
hydrants (other safety devices) in a subdivision. It would appear through both statutes that the
State intended for fire departments/districts to be the authority on fire safety. The fire districts
and departments have political boards that act on appeals. Through the wisdom of our form of
representative government the people within our district have the right to change the direction of
our board. In the last couple of years the voters have expressed that they want improved fire
safety. Who would the County be serving by rejecting what our elected officials have adopted.
9'72"'..;'
As to the question about who has the higher authority, the most restrictive requirement must be
met when government entities overlap jurisdiction. An individual who sought to appeal any
restriction would have to appeal to the "board with jurisdiction". Would the County really want
to hear appeals on fire inspections, citations, reviews, and other decisions by the Fire Prevention
Bureau? Or is it more appropriate for the Fire District Board to hear such appeals?
There was also a question regarding the use of alternative measures. The question can not be
answered without specific circumstance. As with any form of waiver the specific circumstances
must be reviewed. There are always minimum standards and specific cases where allowances are
made due to specific circumstances. Cisterns, open water sources and dry hydrants have inherent
problems. Please see the attached photos of the open water source at Willow Springs
Subdivision. The County approved this project and issued building permits without an effective
means of supplying water for fire protection. The open water source and the dry hydrant were a
waste of time and money. Why wasn't the water line properly sized to carry adequate water to
the subdivision? The fire hydrants in the subdivision will not provide enough water pressure for
one fire truck because of the size of the water lines. We would really like to avoid this situation
again. Any alternative that we review will be based upon good engineering judgment and sound
fire safety practices.
We would again request that the Board of County Commissioners accept the 1994 Uniform Fire
Code as amended by the Windsor -Severance Fire Protection District, for the purpose of
protecting lives and property through nationally recognized fire safety standards, just as your
Building Department uses the 1994 Uniform Building Code, Uniform Mechanical Code, Uniform
Plumbing Code, and associated standards.
With Respect,
Dan Graham
Fire Marshal
3
- T.
vat
aim
Wi�Yc
COLORADO
Dan Graham, Fire Marshal
Windsor/Severance Fire Protection District
P.O. Box 308
Windsor, CO 80550
FAX: (970) 686-9623
Dear Mr. Graham:
WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
915 TENTH STREET
P.O. BOX 1948
GREELEY, COLORADO 80632
August 25, 1997
RE: Request for Clarification Regarding June 23,
1997, Letter
I have reviewed your June 23, 1997, letter, which was in response to a Memorandum written by
Ed Stoner and regarding the Windsor/Severance Fire Protection District adoption of the Uniform
Fire Code in the unincorporated portions of Weld County, Colorado. After reading your letter, I
have the two questions:
A. Your response to Mr. Stoner's points regarding Section V, Item 3, states the
following: "The District's authority to seek compliance with fire safety provisions
of existing laws and ordinances does not supersede the authority of the Weld
County Government." It is my understanding that Mr. Stoner was concerned with
permits issued by the Board of County Commissioners where the applicants are
given time parameters for compliance with the requirements of the Uniform Fire
Code. The time parameters usually state that the Fire Code requirements must be
met before building permits are issued. Mr. Stoner's concern was that you may be
inclined to grant extensions for compliance with the Fire Code requirements
through "compliance agreements" and give the permitees the false impression that
building permits will issue shortly after they sign such agreements. Another
example of possible conflict are those cases in which the Board of County
Commissioners requires a less restrictive method of fire suppression than does the
District. The cisterns, dry hydrants, and open water sources v. water distribution
systems and hydrants debate comes to mind. Are you saying that in these cases,
where there is an apparent conflict between the requirements of the District and
the requirements of the County Commissioners, that the Commissioners'
requirements will supersede those of the District?
97 n(',n
Letter, Graham
August 25, 1997
Page 2
B. Part "c)" of your response to Mr. Stoner's concerns regarding Section V, Item 7;
Supplement to Appendix III -B, states the following: "These compliance
agreements can and have included areas where the requirements for fire hydrants
could not be met, but where substantial compliance is met using approved
alternative measures." Does this mean that if someone comes to your office and
says he or she cannot comply with, for example, the requirements of a water
distribution system and hydrants because they are not available, that you will
grant the individual a variance as part of the "compliance agreement" and
pursuant to Sections 103.1.2 or 103.1.3 of the Code, so that he or she may use the
alternatives of cisterns, dry hydrants, or open water sources?
Your assistance in answering these questions will be most appreciated. Please feel free to call
me at (970) 356-4000, ext. 4390, if you have any questions.
Sincer€ly,
uce T. Barker
Weld County Attorney
BTB/db:Let/Graham
pc: Monica Daniels -Mika
,3. S. -''.
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101.7-103.1.4
1994 UNIFORM FIRE CODS
101.7 Severability. If any provision of this code or the application thereof to any person or eir•
cumstance is held invalid, the remainder of the code and the application of such provision to oth r
persons or circumstances shall not be affected thereby. •
101.8 References to Appendix. When this code references the appendix, the provisions in the
appendix shall not apply unless specifically adopted.
101.9 Amendments. When reference is made to a portion of this code or other applicable laws or•
ordinances, the reference applies to all amendments and additions now or hereafter made.
SECTION 102 - RETROACTIVE APPLICATION TO EXISTING CONDITIONS
102.1 Existing Conditions. The provisions of this code shall apply to conditions arising after the
adoption thereof, conditions not legally in existence at the adoption of this code, and to conditions
which, in the opinion of the chief, constitute a distinct hazard to life or property. See also Appen-
dices I -A and I -B.
SECTION 103 - INSPECTION AND ENFORCEMENT
103.] General.
103.1.1 Technical assistance. To determine the acceptability of technologies, processes, prod-
ucts, facilities, materials and uses attending the design, operation or use of a building or premises
subject to the inspection of the department, the chief is authorized to require the owner or the
in possession or control of the building or premises to provide, without
technical opinion and report. Person
cn, opinion
or fire -safety The specialty piion and report shall be prepared charge i theengin jurisdiction, spe
a
the a qualified engineer, er,
shall analyze the fire-safetyes organization acceptable to chief and the owner and and the facilities and appurtenances tsituatedof e thereon, to recommend necessary design, operation or use of the building
or premises
es.
103.1.2 Alternate materials and methods. The chief, on notice to the building official, is autho-
rized to approve alternate materials or methods, provided that the chief finds that the proposed de-
sign, use or operation satisfactorily complies with the intent of this code and that the material.
method of work performed or operation is, for the purpose pre-
scribed in this code in quality, strength, effectiveness,
ffectivenes , fire resistance, durability and safety. Approv-
als under the authority herein contained shall be subject to the approval of the building
whenever the alternate material or method involves matters regulated by the Building Code.
official
The chief is authorized to require tests as proof of compliance with the intent of thicodeeSuch
alternate material or method of construction.
tests shall be made by an approved agency at the expense of the person requesting approval of the
103.1.3 Practical difficulties. The chief is authorized to modify any of the provisions of this code
upon application in writing by the owner, a lessee or a duly authorized representative where there
are practical difficulties in the way of carrying out the provisions of the code, provided that the spirit
of the code shall be complied with, public safety secured and substantial justice done. The particu-
lars of such modification and the decision of the chief shall be entered upon the records of the de-
partment and a signed copy shall be furnished to the applicant.
103.1.4 Appeals. To determine the suitability of alternate materials and types of construction and
to provide for reasonable interpretations of the provisions of this code, there shall be and hereby is
created a board of appeals consisting of five members who are qualified by experience and training
to pass judgment upon pertinent matters. The chief shall be an ex officio member and shall act as
secretary of the board. The board of appeals inted office at their pleasure. The board shaadopt reasl onable rules y deregulationexecutivesfor conducting its
investigations and shall render decisions and findings in writing to the fire chief, with a duplicate
copy to the appellant.
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Windsor - Severance Fire Protection District
Office of the Fire Marshal
728 Main Street
Windsor, Colorado 80550
June 23, 1997
Bruce T. Barker
Weld County Attorney's Office
915 10th, Street
PO Box 1948
Greeley, Colorado 80632
RE: Memorandum from Ed Stoner Regarding Windsor -Severance Fire Protection District
Adoption of the Uniform Fire Code.
Mr. Barker,
The memorandum prepared by Mr. Stoner has been reviewed. The Windsor -Severance Fire
Protection District as a Special District has adopted the 1994 Uniform Fire Code with the
intention of using the UFC to provide for fire safety requirements not addressed in the Uniform
Building Code. Through Colorado's Special District statutes the District already has the authority
to enforce fire safety related provisions of the Uniform Building Code as adopted by Weld
County,
1) Section V, Item 3;
a) Mr. Stoner expressed concern that the District could sign agreements -with owners,
lessees, occupants, or authorized agents to extend time for compliance with the
Uniform Fire Code." In accordance with Special District statutes the District already
has authority to sign agreements, which include fire safety provisions of the Uniform
Building Code, Zoning and Building Ordinances; not just the Uniform Fire Code. The
District's authority to seek compliance with fire safety provisions of existing laws and
ordinances does not supersede the authority of the Weld County Government. In a
society with multiple government agencies there is the probability that one agencies
requirements will be more or less restrictive than the other particularly when some
overlap occurs with jurisdictional boundaries. Under the Special District statutes the
appeals process for fire safety violations is through District Court, and under the
Uniform Fire Code the District Board is the Appeals Board. The adoption of a
Uniform Code with an appeals board other than the court system reduces arbitrary
decisions. As the Appeals Board under the Uniform Fire Code the District has the
authority to enter into agreements with involved parties. To continue to use District
Court as an appeals board is costly to the public and does not result in any less conflict
with provisions of Weld County Ordinances.
b) Weld County does not currently have a fire code adopted for use throughout the
County. Weld County has adopted the Uniform Building Code, 1994 edition. The
Uniform Fire Code 1994 edition is the companion document to the 1994 UBC. The
two documents are designed not to conflict. The application and interpretation of the
fire safety provisions of the two codes may result in conflict between the District and
the County departments. It was the intent of the law makers in requiring Special
Districts to have fire codes adopted by County Governments in unincorporated areas
to reduce the probability of conflict.
2. Section V, Item 7; Supplement to Appendix III -B
a) This section of the amended code does require fire hydrants, but it does not require
public water supplies. The Uniform Fire Code Appendix III -B, Fire Hydrant
Locations and Distribution provides for a more conservative requirement than the
amendment. Adequate water resources can be developed in any location. It is
probable that in many locations the cost of developing water resources may be cost or
"profit" prohibitive.
b) The amended code prohibits the use of cisterns, dry hydrants and open water sources
for use in lieu of water distribution systems and hydrants. The prohibitions on the use
of these types of sources is directly related to historical problems in the adequacy of
these systems. The Willow Springs subdivision has an open water source with a dry
hydrant. At this time and for the majority of the time the water source is dry. The
subdivision is serviced by a six inch water line with hydrants. The open water source
was designed to supplement the hydrants. The developer of the property met the
initial requirements to construct the water source. In just a three year period since the
project was approved the open water source is nonfunctional. Cisterns have
historically been used for domestic water supplies. When a cistern is used as a
domestic water source the property owner has a direct and immediate need to
maintain the water supply. When a cistern is used for fire protection the owner rarely
verifies that the water level and condition are satisfactory. Cisterns have been found
with broken connections, no water, and contaminated water with floating debris. The
quality and quantity of water in cisterns is not regulated such as a public water supply.
A poor quality water source can result in damage to pumps in fire trucks and
ultimately the loss of the structure on fire.
c) It should also be noted in reference to Mr. Stoner's prior concern the Fire District has
the ability to negotiate with property owners for compliance agreements. These
compliance agreements can and have included areas where the requirements for fire
hydrants could not be met, but where substantial compliance is met using approved
alternative measures.
,'7%I.
It is the intent of the Fire District to protect the lives and property of the residents of the District.
Mr. Stoner is concerned that the Fire District may cause undo hardship on development in Weld
County. It should be our combined concern to ensure that there should not be an undo hardship
placed upon the government agencies trying to provide services to the developments. It is
common for the most hazardous situations to be developed in areas with the least ability to
respond to the hazards. Whereas there may be no need for Fire Codes in open prairie lands,
where growth and urbanization of rural areas exist the need for Fire Codes is evident. Urban
growth and sprawl in California has resulted in areas where fires consume large developments
unchecked by local fire services. It should also be noted that California also has a major
government agency dedicated to fighting fires in the urban -rural interface which does not exist in
Colorado. In essence the Fire District is constrained within certain limitations (statutory and
financial) to provide services to the residents of our district. It is within these constraints that we
are seeking to limit the potential for hazardous conditions.
In the interest of pursuing the adoption of the Uniform Fire Code as Amended within the
Windsor -Severance Fire Protection District we would like to schedule a workshop meeting with
the Board of County Commissioners to discuss the issues. Please let us know when we can
sch - • ul : a meeting.
an
Fire Marshal
92 r.'..0
wID€.
COI OAADO
Tom Buxman, President
Windsor -Severance Fire Protection District
P.O. Box 308
Windsor, CO 80550
Dear Mr. Buxman:
May 22, 1997
WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
915 TENTH STREET
P.O. BOX 1948
GREELEY, COLORADO 80632
RE: Memorandum from Ed Stoner Regarding
Windsor -Severance Fire Protection District
Request
Enclosed is a copy of a Memorandum of Agreement dated April 30, 1997, from Ed Stoner, Lead
Combination Inspector, addressed to me. The Memorandum is regarding the Windsor -Severance
Fire Protection District request for Board of County Commissioners to consent to the
enforcement of the 1994 Uniform Fire Code, with amendments, in the Districts unincorporated
portions of Weld County, Colorado.
It is my understanding that either you or Fire Marshall Dan Graham will address Mr. Stoner's
concerns. Your comments should be sent to my office at: 915 Tenth Street, P.O. Box 1948,
Greeley, Colorado 80632.
If you should have any questions or comments regarding this letter or the enclosed, please feel
free to call me at (970) 356-4000, extension 4390.
1
BTB/db:Let/Buxman
Enclosure
pc: Ed Stoner
Monica Daniels -Mika
Sin c rely,
rece T. arker
Weld Coi my Attorney
Mot,r MEMORANDUM
WN`Pg TO: Bruce Barker, Weld County Attorney April 30, 1997
COLORADO From: Edwin D. Stoner, Lead Combination Inspector
SUBJECT: Adoption of the 1994 Uniform Fire Code with Amendments
Windsor - Severance Fire Protection District
I have reviewed the submittal from Tom Buxman, President of the Windsor - Severance
Fire Protection District, concerning the adoption of the 1994 Uniform Fire Code as amended.
There are items of concern that need to be resolved prior to the Weld County Board of County
Commissioners addressing this resolution. Those items are as follows:
1. Section V, Item 3; Amendment to Article 1, addition of Section 103.4.7
This new Section would allow the Fire District to enter into agreements with owners,
lessees, occupants, or authorized agents to extend time for compliance with the Uniform
Fire Code. These agreements could be in conflict with, and/or be less or more
restrictive than the Weld County Zoning and Building Code Ordinance.
2. Section V, Item 7; Supplement to Appendix III -B
A. This supplement appears to require that a fire hydrant be installed in the
following locations, whether there is public water or not:
a. Within 300 feet of all residential construction, including those homes not
within a subdivision.
b. Multi -Family Residential
c. Within 250 of any commercial or industrial facility.
d. Subdivisions where lots are equal or greater than 2 acres.
B. This Supplement prohibits the installation of cisterns, dry hydrants, and open
water sources.
If it is the intent of the fire district to require fire hydrants at these locations, this may place an
undo hardship upon the owner and/or developer in those area with an inadequate water supply.
There are no provisions provided in which the Board may intervene and have input into
alternatives. This would have a negative impact upon much of the development within Weld
County.
Edwin D. Stoner
Lead Building Inspector
p.c. Monica Daniels -Mika
972r A?,0
WUDc.
COLORADO
Tom Buxman, President
Windsor -Severance Fire Protection District
P.O. Box 308
Windsor, CO 80550
Dear Mr. Buxman:
WELD COUNTY ATTORNEY'S OFFICE
PHONE: (970) 356-4000, EXT. 4391
FAX: (970) 352-0242
915 TENTH STREET
P.O. Box 1948
GREELEY, COLORADO 80632
April 17, 1997
RE: Windsor -Severance Fire Protection District
Request
Enclosed please find a copy of a Memorandum addressed to Ed Stoner, Lead Combination
Inspector for Weld County, regarding the Windsor -Severance Fire Protection District request for
the Board of County Commissioners' consent to the enforcement of the 1994 Uniform Fire Code
and Standards, with amendments, within the District's unincorporated areas of Weld County,
Colorado. Also enclosed is a copy of a resolution which I have prepared for the Board
consideration on April 30, 1997.
As we discussed in our telephone conversation earlier this week, the Board will consider this
matter on April 30, 1997, at its regularly scheduled Board meeting at 9:00 a.m. That meeting
with take place in the Board's first floor meeting room, Centennial Center Complex, 915 Tenth
Street, Greeley, Colorado. It is my understanding that you will attend that meeting.
Please feel free to call me at (970) 356-4000, extension 4390, if you should have any questions
regarding this letter or the enclosed.
BTB/db:Let/Buxman
Enclosures
pc: Clerk to the Board's Office
Stne�rely,,..
arker
Weld County Attorney
COLORADO
TO: Ed Stoner, Lead Combination Inspector
FROM: Bruce T. Barker, Weld County Attorney
DATE: April 18, 1997
RE: Request by Windsor -Severance Fire Protection District
Attached is a copy of a letter which I received from Tom Buxman, President of the Board of
Directors, Windsor -Severance Fire Protection District, which requests the Board of County
Commissioners to consent to the enforcement by the District of the 1994 Uniform Fire Code, as
amended, in the District's unincorporated area of Weld County. I have set this matter on the
agenda for the Board of County Commissioners for its Wednesday, April 30, 1997, meeting.
Also attached is a copy of a draft resolution that I have prepared for the Board's signature on that
date.
Please review the attached letter and resolution from the Windsor -Severance Fire Protection
District and let me know if you see any conflicts with Weld County's version of the fire code.
Thanks for your assistance in this matter.
BTB/db:Memo/Windsor
Attachments
pc: Monica Daniels -Mika
Clerk to the Boards
Brura'1. Barker
eld County Attgrrtey
97"x,74
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