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HomeMy WebLinkAbout991263.tiff RESOLUTION RE: CONSENT TO THE ENFORCEMENT BY THE WESTERN HILLS FIRE PROTECTION DISTRICT OF THE 1997 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 Western Hills Fire Protection District ("the District") has presented a copy of the District's Board of Directors' December 3, 1998, resolution adopting the 1997 Edition of the Uniform Fire Code and Standards, with certain amendments, within the District's unincorporated portions of Weld County, and WHEREAS, after review, the Board deems it advisable to consent to said enforcement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that it hereby consents to the enforcement by the Western Hills Fire Protection District of the 1997 Edition of the Uniform Fire Code and Standards, with certain amendments as set forth in the attached resolution of said District's Board of Directors, 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 2nd day of June, A.D., 1999. BOARD OF COUNTY COMMISSIONERS COUNTY, O DO ATTEST: �I��t�E --�___ �� ,:;(^+., Dale Hall, Chair �� Weld County Clerk to B U'a, �i F:` n Barb ra J. Kirkmeyer, Pro-Tem BY: ;'?( $E ,. `l_'77 1' 7 Deputy Clerk to the • �: (J vi ,V ' / _ �..�� George . axjer AP D S TO FORM: ___ r M. J. Geile unty Attorney b/Plo,40 Glenn Vaad----"' 991263 SD0002 UNION COLONY FIRE RESCUE AUTHORITY RESOLUTION 21 , 1998 A RESOLUTION OF THE UNION COLONY FIRE RESCUE AUTHORITY APPOINTING THE GREELEY BUILDING BOARD OF APPEALS AS THE APPEAL BOARD FOR DECISIONS ON THE UNIFORM FIRE CODE. WHEREAS, the Uniform Fire Code calls for a Board of Appeals to hear appeals on applications of the Uniform Fire Code; and WHEREAS, when the Fire Code was adopted by the City of Greeley, the Building Board of Appeals also served as the Fire Board of Appeals; and WHEREAS, at the December 3 , 1997 meeting of the Union Colony Fire Rescue Authority, the board members voted unanimously to continue to use the Building Board of Appeals as the board to serve for appeals of the Uniform Fire Code. NOW, THEREFORE, BE IT RESOLVED by the Union Colony Fire Rescue Authority as follows: 1. The Authority hereby appoints the Building Board of Appeals as the Board to hear appeals of the Uniform Fire Code. 2 . This resolution shall be effective immediately. PASSED AND ADOPTED, SIGNED AND APPROVED THIS i4 day of January, 1998 . ATTEST: UNION COLONY RESCUE FIRE AUTHORITY (, w `� CI 2/(O* , By:_ r (C1-QJ Secretary Ch irman xJ 'LL 1 Western Hills Fire Protection District 1731 CEDAR AVENUE -GREELEY CO 80631 - (303) 356-1424 April 7, 1999 weld County Board of County Commissioners C/0 Bruce Barker PO Box 1948 Greeley, CO 80632 RE: 1997 Uniform Fire Code Adoption On December 7th, 1998 the board of the Western Hills Fire Protection District adopted the 1997 Uniform Fire Code, as amended (enclosed). In accordance with the Colorado Revised Statutes regarding fire protection districts' powers and duties, the Western Hills Fire Protection District Board requests a resolution of adoption by the Weld County Board of County Commissioners for those areas withing the District boundaries which are also unincorporated areas of Weld County. Enclosed please find a copy of the additional resolution identifying the City of Greeley, Building Board of Appeals as the body who will hear appeals of Uniform Fire Code requirements. Thank you for your consideration of this matter and If you have any questions or concerns please contact Greg Thompson, Fire Marshal at 970 350-9511. Si�ely, Fred Tj es, President West Hills Fire Protection District Board of Directors 1997 FIRE CODE ADOPTION DECEMBER 7, 1998 Page 1 of 9 December 3, 1998 WESTERN HILLS FIRE PROTECTION DISTRICT A RESOLUTION ADOPTING THE UNIFORM FIRE CODE, AND THE UNIFORM FIRE CODE STANDARDS PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES. Be it ordained by the Western Hill Fire Protection District SECTION 1: ADOPTION OF THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS. There is hereby adopted by the Western Hills Fire Protection District, for the purpose of prescribing regulations governing conditions hazardous to life and property from lire, hazardous material or explosion, that certain Code known as the 1997 Uniform Fire Code, together with Appendices Division I, Appendix I-A, I-C, Division II, Appendix II-A, II-B, II-E. 11-G, II-H. Division III, Appendix III-A, Division V, Appendix V-A, including the Uniform Fire Code Standards , published by the International Fire Code Institute, being particularly the most recent edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by this Resolution of which said Code and Standards arc now filed in the offices of the Union Colony Fire/Rescue Authority and Western Hills Fire Protection District, and the same are hereby adopted and incorporated as fully as if set forth herein. The date on which this Resolution shall take effect with in the incorporated municipalities within the Western Hills Fire Protection District and shall be the date of approval by the governing body of said municipality and the date on which it shall take effect within the unincorporated portions of Weld County shall be on the date of approval by the Board of County Commissioners in and for the County of Weld, State of Colorado. This Code shall be in effect within the territorial limits of the Western Hills Fire Protection District as included within the limits of the Union Colony Fire/Rescue Authority. SECTION 2. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION The Uniform Fire Code and related Standards as adopted herein shall be enforced by the bureau of fire prevention of the Union Colony Fire/Rescue Authority which is hereby established and which shall be operated under the supervision of the chief of the Union Colony Fire/Rescue Authority. The chief of the Union Colony Fire/Rescue Authority may detail such members of the Authority as inspectors as shall from time to time he necessary. Page 2 of 9 SECTION 3. DEFINITIONS. Wherever the word "jurisdiction" is used in the Uniform Fire Code, it is meant to be inclusive of the current boundaries of the Western Hills Fire Protection District that is contained within the total territorial limits of the Union Colony Fire/Rescue Authority Where the term "Chief' is used, it shall be held to mean the chief of the Union Colon\ Fire/Rescue Authority. Where the term "fire prevention bureau" is used, it shall be held to mean those members and employees designated by the chief of the Union Colony Fire/Rescue Authority in the administration and enforcement of the provisions of the Uniform Fire Code. Where the term "Building Code" is used, it shall be held to mean the Uniform Building Code as amended and incorporated into the Weld County Building Code, except for the incorporated areas of the Town of Garden City, which shall use the Uniform Building Code as amended enforced by the agency contracted to perform inspections within its respective corporate limits. SECTION 4. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIOUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED. The limits referred to in Sections 7902.2.2.1 and 7904.2.5.4.2 of the Uniform Fire Code in which the storage of flammable or combustible liquids is restricted are hereby established as follows: 1. Within the corporate boundaries of the Town of Garden City. 2. Any area within the unincorporated parts of Weld County within the Fire District which are not zoned Industrial Districts or Agricultural as defined by the Weld County Zoning Ordinance. This provision shall not be interpreted so as to conflict with the provisions of Colorado Revised Statutes 1973 Title 8, Article 20 or Title 34 , as amended. SECTION 5. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF LIOUIFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred to in Section 8204.2 of the Uniform Fire Code, in which the storage of Liquified Petroleum Gas is restricted, are hereby established as follows: 1. As addressed by any ordinance or zoning regulation adopted by Weld Counts . 2. As addressed by any ordinance or zoning regulation adopted by the Town of Garden City. This section shall not be interpreted so as to he in conflict vv ith the provisions of the Colorado Revised Statutes 1973, title 8, Article 20 or Title 4. as amended. Page 3 of 9 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 7701.7.2 of the Uniform Fire Code, in which the storage of Explosives and Blasting agents is prohibited , are hereby established as follows: 1. Within the corporate boundaries of the town of Garden City. 2. Any area within the unincorporated parts of Weld County within the Fire District which are not zoned Industrial Districts as defined by the Weld County Zoning Ordinance. SECTION 7. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF COMPRESSED NATURAL GAS IS TO BE PROHIBITED. The limits referred to in Section 5204.5.2 of the Uniform Fire Code, in which the storage of Compressed Natural Gas is prohibited , are hereby established as follows: 1. Within the corporate boundaries of the town of Garden City. 2. Any area within the unincorporated parts of Weld County within the Fire District which are not zoned Industrial Districts as defined by the Weld County Zoning Ordinance. SECTION 8. AMENDMENTS MADE IN THE UNIFORM FIRE CODE. The Uniform Fire Code is amended and changed in the following respects 1. Section 103.1.4 amended--Appeals Section 103.1.4 of the Uniform Fire Code is amended to read as follows: Sec. 103.1.4 Appeals. Appeals from an order of the Chief or any designated member of a fire department requiring the removal or remedy of conditions dangerous to the safety of persons or property. or to determine the suitability of alternate materials and types of construction and to provide reasonable interpretations of the provisions of this code as more fully set forth in Colorado Revised Statutes 1973, §32-1-1002(3), as amended, shall be according to the procedures set forth therein. The Board of Appeals shall be the same board as utilized by the Union Colony Fire/Rescue Authority, as approved by the Authority Board. 2. Section 103.2.1.2 amended--Fire Prevention Bureau personnel and Police Section 103.2.1.2 of the Uniform Fire Code is amended to read as follows: Sec. 103.2.1.2 Fire Prevention Bureau personnel and police The chief and members of the fire prevention bureau shall have the powers of a police officer in performing their duties under this code, shall only extend as far as the authority set forth in Colorado Revised Statutes 1973, §32-1-1002 as amended, or other applicable state statute. When requested to do so, the Sheriff or the chief of police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code. Page 4 of 9 3. Section 103.3.2.2 amended--Inspection Requests. Section 103.3.2.2 of the Uniform Fire Code is amended to read as follows: Sec. 103.3.2.2 Inspection Requests. It shall be the duty of the person doing the work authorized by a permit to notify the chief that such work is ready for inspection. The chief is authorized to require that every request for inspection be filed not less that two (2) working days before such inspection is desired. Such requests may be in writing or by telephone at the option of the chief. It shall be the duty of the person requesting any required inspections to provide access to and means for proper inspection of such work. 4. Section 103.4.3.4 is added -Conflicts With State Requirement Section 103.4.3.4 of the Uniform Fire Code is added to read as follows: Sec. 103.4.3.4 Conflicts With State Requirement This section shall be interpreted to be consistent with the provisions of Colorado Revised Statutes 1973, §32-1-1002(3), as amended. 5. Section 105.8 Amended--Permits Required Section 105.8 of the Uniform Fire Code is adopted in amended form to read as follows: Sec. 105.8 Permits Required. A permit shall be obtained from the Bureau of Fire Prevention prior to engaging in the following activities, operations, practices or functions: c.l. Candles and open flames in assembly areas. To use open flame or candles in connection with assembly areas. For definition of Assembly, see Article 2. See Article 25 for open flame and candles. e.l. Explosives or blasting agents. For permits for explosives or blasting agents. see Article 77 1.2. Fireworks. For permits for fireworks, see Article 78. f.3. Flammable or combustible liquids. See Article 79. A. To install, construct, alter or operate equipment, tanks, plants, terminals, wells, fuel dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used. B. To install, alter, remove, abandon, place temporarily out of service or otherwise dispose of any flammable or combustible liquid tank. See Article 79. h.l. Hazardous materials. To store, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105-C or to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a storage facility or other area regulated by Article 80 when the hazardous materials in use or storage exceed the amounts listed in Table 105-C. 1.1 Liquefied petroleum gases. See Article 82. To install or maintain LP-gas containers where a single container is 125-gallon water capacity or more, or the aggregate capacity of the containers is 125-gallon water capacity or more, the installer shall submit plans for such permits. p.3. Pyrotechnical special effects material. For permits for pyrotechnica9 special effects material, see Article 78. Page 5of9 6. Section 1002.1 amended--General. Section 1002.1 of the Uniform Fire Code is adopted in amended form, to read as follows: Sec. 1002.1. General. Portable fire extinguishers shall be installed in occupancies and locations as set forth in this code and as required by the chief. Portable fire extinguishers shall be in accordance with U.F.C. Standard 10-1, but in no case shall be rated less than 2A-10BC minimum. Cooking surfaces that are protected by an automatic fire extinguishing system shall have a 40BC fire extinguisher provided in a location approved by the Chief. 7. Section 5204.5.2 amended--Maximum capacity within established limits. Section 5204.5.2 of the Uniform Fire Code is adopted in amended form, to read as follows: Sec. 5204 .5.2 . Maximum capacity within established limits The storage of compressed natural gas (CNG) shall be prohibited, except in areas zoned Industrial Districts. Within the limits established by law restricting the storage of compressed natural gas for the protection of heavily populated or congested commercial area. the aggregate capacity of any one installation shall not exceed 500 gallons water capacity (70,000 cubic feet). The aggregate capacity for any one installation in the Western Hills Fire Protection District for the use as a wholesale or retail bulk storage plant shall not exceed 500 gallons water capacity. 8. Section 7802.3 amended--Prohibition Section 7802.3 of the Uniform Fire Code is adopted in amended form to read as follows: Sec. 7802.3. Prohibition The sale, purchase. possession, and use of permissible fireworks shall be in accordance with 1991 Colorado Revised Statutes §12-28-101, et. seq., as amended. 9. Section 7901.1.1.1 is added -Public Use Airports Section 7901.1.1.1 of the Uniform Fire Code is amended to add this section to read as follows: Sec. 7901 .1.1.1. Public Use Airports The Storage, use. dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with the requirements of Section 7901, Section 7902. Section 7903, and Section 7904 of the Uniform Fire Code. Fire Code requirements on storage amounts in conflict requirements with Colorado Department of Labor and Employment, Oil Inspection Section. Storage Tank Regulations. 7 C.C.R 1101-14, shall be in compliance with the Storage Tank Regulations. 10. Section 7901.1.1.2 is added--Storage Tanks Section 7901.1.1.2 of the Uniform Fire Code is amended to add this section to read as follows: Sec. 7901.1.1.2. Storage Tanks Storage tanks used for flammable and combustible liquids shall be listed aboveground tanks or listed underground tanks and shall be no larger than allowed by Colorado Department of Labor and Employment, Oil Inspection Section, Storage Tank Regulations, 7 C.CR 1101-14. The storage tanks shall be provided with a minimum of 2 hour fire protection on all exposed surfaces. This protection shall meet the requirements of NFPA 30 as to installing and testing. Page 6 of 9 1 I. Section 7901.1.1.3 is added--Fire Protection Section 7901.1.1.3 of the Uniform Fire Code is amended to add this section to read as follows: Sec. 7901.1.1.3. Fire Protection The available fire flow for protection of storage tanks containing flammable and combustible liquids shall be a minimum of 2,500 gallons per minute. The tanks shall be provided with an automatic fire protection system or a dry fire protection system, as approved by the Fire Chief. If an approved fully automatic fire protection system is installed, the required fire flow may be reduced to 1500 gallons per minute. The location for the remote lire department connection shall be a minimum of 100 feet from the tanks, as approved by the Fire Chief. 12. Section 7901.1.1.4 is added--Separation Distance Section 7901.1.1.4 of the Uniform Fire Code is amended to add this section to read as follows: Sec. 7901.1.1.4. Separation Distance When the required lire flow is unavailable, the separation of tanks from occupied buildings shall be 300 feet. When dispensing operations into aircraft are conducted in conjunction with the storage tanks. the separation distance for dispensing shall be a minimum of 50 feet. 13. Section 7901.3.2 amended--Plans. Section 7901.3.2 of the Uniform Fire Code is adopted in amended form to read as follows: Sec. 7901.3.2. Plans Plans shall be submitted with each application for a permit to store more than 250 gallons of liquids outside of buildings in tanks. The plans shall indicate the method of storage, quantities to be stored, distances from buildings and property lines, access ways, fire-protection facilities. and provisions for spill control and secondary containment. 14. Section 7904.3.2.3 amended--Buildin.g Section 7904.3.2.3 of the Uniform Fire Code is adopted in amended form to read as follows: Sec. 7904.3.2.3. Buildings Wells shall not be drilled within 350 feet of buildings not necessary to the operation of the well, including buildings used as an educational facility, assembly building, hospital, nursing home, board and care facility or jail. When wells are existing, building permits shall not be issued for. and buildings shall not be constructed within 350 feet from any well head, production tanks, and/or associated on site production equipment 15. Section 7904.3.6 amended-Storage tanks Section 7904.3.6 of the Uniform Fire Code is adopted in amended form to read as follows: Sec. 7904.3.6. Storage tanks Storage of flammable or combustible liquids in tanks shall be in accordance with Section 7902, except that production tanks. and /or associated on site production equipment shall be located at least 350 feet from any building not necessary to the operation of the well. Production tanks, and/or associated on site production equipment shall be located at least 500 feet from buildings used as an educational facility, assembly building, hospital, nursing home. board and care facility or jail. Page 7of9 16. Table 8212-A amended--Location of Containers Awaiting_Use or Resale Stored Outside of Buildings. Table 8212-A of the Uniform Fire Codc is adopted in amended form to read as follows: LOCATION OF CONTAINERS AWAITING USE OR RESALE STORED OUTSIDE OF BUILDINGS TABLE 8212-A QUANTITY OF DISTANCES TO A BUILDING OR LP GAS STORED GROUP OF BUILDINGS, PUBLIC WAY, OR LINE OF PROPERTY THAT CAN BE BUILT UPON (feet) 500 lb. or less 10 500 to 2.500 lb. 15 2,500 to 6,000 lb • 20 6,000 to 10,000 lb 25 Over 10,000 lb 30 SECTION 9. APPEALS Whenever the Chief disapproves an application or refuses to grant a permit applied for. or when it is claimed that the provisions of the Code do not apply or that the true intended meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the Board of Appeals, Western Hills Fire Protection District, 1731 Cedar Avenue, Greeley, Colorado 80631, within 30 days from the date of the decision appealed. Appeals from an order of the Chief or any designated member of a lire department requiring the removal or remedy of conditions dangerous to the safety of persons or property, or to determine the suitability of alternate materials and types of construction and to provide reasonable interpretations of the provisions of this code as more fully set forth in Colorado Revised Statutes 1973, §32-1-1002(3), as amended, shall be according to the procedures set forth therein. SECTION 10. PENALTIES. 1. Any owner, lessee, agent or occupant of any building or premises maintaining any condition likely to cause fire, or to constitute an additional fire hazard, or any condition which impedes or prevents the egress of persons from such building or premises, or violates any of the provisions of the Uniform Fire Code as adopted and amended herein, or fails to comply therewith, or who fails to comply with any order made thereunder, in violation of the provisions of Colorado Revised Statutes 1973, §32-1-1--2(3) shall be deemed to be maintaining a fire hazard. Any person who violates any provision of said subsection 3 is guilty of a misdemeanor Page 8 of 9 and, upon conviction thereof, shall be punished by a fine of not less than $50.00 or no more than $250.00. Each day in which such violation occurs shall constitute a separate violation of§32-1- 1002(3). 2. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 11. REPEAL OF CONFLICTING ORDINANCES OR RESOLUTIONS. All former ordinances or resolution enacted by the Fire District or parts thereof conflicting or inconsistent with the provisions of this resolution or of the Code or Standards hereby adopted are hereby repealed. SECTION 12. VALIDITY The Western Hills Fire Protection District Board of Directors hereby declares that should any section, paragraph, sentence, or word of this resolution or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the Western Hilts Fire Protection District Board of Directors that it would have passed all other portions of this resolution independent elimination here from of any such portion as may be declared invalid. It is further the declaration of the Western Hills Protection District Board of Directors that no provision of this resolution or the Code or Standards adopted herein be interpreted in conflict with existing state law. In the event there is a conflict between State law and this Code, State law shall take precedent. SECTION 13. DATE OF EFFECT. • This resolution shall take effect and be enforced within incorporated municipalities and unincorporated portions of Weld County from and after its approval as set forth in CRS 1973, §32-I-1002(1)(d). Page 9 of 9 APPROVALS: WESTERN HILLS FIRE PROTECTION DISTRICT: Adopted the 1711 day ofkeElit , 1998 :red Tj s, President West ills Fire Protection District Board of Directors Lol Richardson, Secretary/Treasurer Western Hills Fire Protection District Board of Directors WELD COUNTY: Adopted the 2r4 day of , I, ,, 1999 Chairman , Dale K. Hall (06/02/99) Weld County Board of County Commissioners Page 7 of 9 16. Table 8212-A amended--Location of Containers Awaiting Use or Resale Stored Outside of Buildings. Table 8212-A of the Uniform Fire Code is adopted in amended form to read as follows: LOCATION OF CONTAINERS AWAITING USE OR RESALE STORED OUTSIDE OF BUILDINGS TABLE 8212-A QUANTITY OF DISTANCES TO A BUILDING OR LP GAS STORED GROUP OF BUILDINGS, PUBLIC WAY, OR LINE OF PROPERTY THAT CAN BE BUILT UPON (feet) 500 lb. or less 10 500 to 2.500 lb. 15 2,500 to 6,000 lb 20 6.000 to 10,000 lb 25 Over 10,000 lb 30 SECTION 9. APPEALS Whenever the Chief disapproves an application or refuses to grant a permit applied for. or when it is claimed that the provisions of the Code do not apply or that the true intended meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the Board of Appeals, Western Hills Fire Protection District. 1731 Cedar Avenue, Greeley, Colorado 80631, within 30 days from the date of the decision appealed. Appeals from an order of the Chief or any designated member of a tire department requiring :he removal or remedy of conditions dangerous to the safety of persons or property, or to determine the suitability of alternate materials and types of construction and to provide reasonable interpretations of the provisions of this code as more fully set forth in Colorado Revised Statutes 1973, §32-1-1002(3), as amended, shall he according to the procedures set forth therein. SECTION 10. PENALTIES. 1. Any owner, lessee, agent or occupant of any building or premises maintaining any condition likely to cause fire, or to constitute an additional fire hazard, or any condition which impedes or prevents the egress of persons from such building or premises, or violates any of the provisions of the Uniform Fire Code as adopted and amended herein, or fails to comply therewith, or who fails to comply with any order made thereunder, in violation of the provisions of Colorado Revised Statutes 1973, §32-1-1--2(3) shall be deemed to be maintaining a lire hazard. Any person who violates any provision of said subsection 3 is guilty of a misdemeanor Page I; of 9 and, upon conviction thereof, shall be punished by a fine of not less than $50.00 or no more than $250.00. Each day in which such violation occurs shall constitute a separate violation of§32-1- 1002(3). 2. The application of the above penalty shall not he held to prevent the enforced removal of prohibited conditions. SECTION 11. REPEAL OF CONFLICTING ORDINANCES OR RESOLUTIONS. All former ordinances or resolution enacted by the Fire District or parts thereof conflicting or inconsistent with the provisions of this resolution or of the Code or Standards hereby adopted are hereby repealed. SECTION 12. VALIDITY The Western Hills Fire Protection District Board of Directors hereby declares that should any section, paragraph, sentence, or word of this resolution or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the Western Hills Fire Protection District Board of Directors that it would have passed all other portions of this resolution independent elimination here from of any such portion as may be declared invalid. It is further the declaration of the Western Hills Protection District Board of Directors that no provision of this resolution or the Code or Standards adopted herein be interpreted in conflict with existing state law. In the event there is a conflict between State law and this Code, State law shall take precedent. SECTION 13. DATE OF EFFECT. • This resolution shall take effect and be enforced within incorporated municipalities and unincorporated portions of Weld County from and after its approval as set forth in CRS 1973. §32-1-1002(1)(d). Page 9 of 9 APPROVALS: WESTERN HILLS FIRE PROTECTION DISTRICT: Adopted the 11;9 day ofkred*k_ , 1998 red Tj s, President West ills Fire Protection District Board of Directors Lol Richardson, Secretary/Treasurer Western Hills Fire Protection District Board of Directors WELD COUNTY: Adopted the 24 day of , f,,,,t, , 1999 Chairman , Dale K. Hall (06/02/99) Weld County Board of County Commissioners Hello