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Home My WebLink About990249.tiff RESOLUTION RE: CONSENT TO THE ENFORCEMENT BY THE FORT LUPTON 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 Fort Lupton Fire Protection District ("the District") has presented a copy of the District's Board of Directors' Minutes of December 17, 1998, adopting the 1997 Edition of the Uniform Fire Code and Standards, with certain amendments which are set forth in City of Fort Lupton Ordinance No. 98-726, 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 Fort Lupton Fire Protection District of the 1997 Edition of the Uniform Fire Code and Standards, with certain amendments as set forth in the attached City of Fort Lupton Ordinance No. 98-726, 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 10th day of February, A.D., 1999. BOARD OF COUNTY COMMISSIONERS LD COUNTY, C LORADO ATTEST �G%Z etDale K. Hall, Chair We nii' f/er the Bo rd ' arbara . Kirkmeyer, ro-Tem rk oard 4, eorg axer A FORM: 111 M. J. eile Attorney A U Glenn Vaadc= FLPPh 990249 BC0027 41; a .er TO: FROM: Board of County Commissioners Bruce T. Barker, Weld County Attorney IDATE: February 5, 1999 RE: Fort Lupton Fire Protection District - Adoption of 1997 COLORADO Uniform Fire Code C.R.S. § 32-1-1002(1)(d)provides that a fire code promulgated by a fire district may be enforced in the unincorporated portions of the county upon the consent of the board of county commissioners of that county. The Fort Lupton Fire Protection District has adopted the 1997 Uniform Fire Code and standards with certain amendments. The District has asked the Board of County Commissioners to allow it to enforce the 1997 Fire Code, with amendments, within the District's unincorporated portions of Weld County. Attached are copies of the following items: A. The original request from the Fort Lupton Fire Protection District sent by John R. Dent, attorney for the District, to the Board of County Commissioners by letter dated November 2, 1998. B. Various correspondence regarding the issue. C. The Fort Lupton Fire Protection District's most recent requests, dated December 23, 1998, from attorney John Dent. I recommend that the Board place this matter on one of its regular Agendas to consent to the District's enforcement of the 1997 Fire Code, with amendments, within the District's unincorporated portions of Weld County. ce T. ker Weld County Attorney BTB/db:Memo/BOCC/FLFire Attachments pc: Monica Daniels-Mika Lee Morrison LAW OFFICE OF JOHN R. DENT,P.C. 332 Denver Avenue Phone:(303) 857-4667 P.O.Box #333 Metro: (303)659-2028 Fort Lupton,CO 80621 Fax: (303) 857-2467 December 23, 1998 Mr. Bruce Barker, Weld County Attorney P.O. Box 1948 Greeley, CO 80632 RE: FORT LUPTON FIRE PROTECTION DISTRICT,ADOPTION OF 1997 UNIFORM FIRE CODE Dear Bruce: At their December 17th meeting, at my request, the Fort Lupton Fire Protection District adopted the same version of the 1997 Uniform Fire Code as had been adopted by the City of Fort Lupton. My interpretation is that the 97 Uniform Fire Code as adopted by the Fire Protection District is now identical to the version of the Uniform Fire Code adopted by the City of Fort Lupton, including any of the amendments to the 97 Fire Code approved by the City of Fort Lupton. Enclosed please find a copy of the Minutes of the December 17th meeting in which I have highlighted that portion pertaining to the City's adoption or ratification of the 97 UFC as approved by the City of Fort Lupton. Should you need any further verification or have additional questions, please don't hesitate to contact me. My best wishes to you and to the office for Christmas and Happy New Year. Sine d‘,. z , ohn R. Dent JRD:br enc: Ft. Lupton �� ga2f�� '�314& Af24C i#v �4� r7 li ,` 1121 DENVER AVE. EMERGENCY 911 4 �O� FT. LUPTON, CO 80621 OFFICE 303-857-4603 '°/RE DEPT FORT LUPTON FIRE PROTECTION DISTRICT DISTRICT BOARD MEETING DECEMBER 17, 1998 The regular meeting of the District Board was called to order by President Barsness at 8:06 p.m. Members present were: Jim Barsness, Larry Thiesen, Larry Leinweber, Richard Hawley and Tom Nash. Others present were: John Dent, Nona Schaefer, Larry Richardson, Chief Phil Tiffany, and firefighters Charlie Schaefer and Mark Davis. President Barsness called for items to be added to the agenda and/or to the published agenda. John Dent added 7.b. Ratify changes to 1997 Uniform Fire Code. Richard Hawley added 7.c. Fire Hydrant on WCR 16. Larry Richardson added 8.b.3. Siren in Aristocrat Ranchettes. President Barsness called for approval of the minutes from the November 17, 1998 district board meeting. Tom Nash made the motion to approve the minutes as presented. Larry Leinweber seconded the motion and all members voted aye. The motion passed. Larry Thiesen made the motion to ratify the bills for November, 1998. Tom Nash seconded the motion and all members voted aye. The motion passed. 6. Old Business: a. The 1999 budget was reviewed by the Board due to the major changes in the final assessed valuation by the county assessor caused by the decreased state assessed valuation. The assess valuation went from $124,823,236 to $111,666,020. Nona stated she adjusted the budget as follows: she left the general fund budget the same except for the change in the tax collection fees which would be reduced; the mill levy amount changed to 5.045 mills to try to reach the 5.5% statutory limit of $615,338; .212 mills was added to the mill levy certification to collect the $23,475 in refunds/abatements; the $23,475 went into the capital fund for excess tax leaving a balance of $42,377 to be taken from savings to pay for all the expenditures in the capital fund. Richard Hawley made the motion to ratify the revisions to the 1999 budget as recommended by the budget director; to certify the mill levy at 4.045 mills for general operating purposes, .212 mills for refunds/abatements and 1.000 mills for the pension fund; and to appropriate the sums of money from the revised 1999 budget. Tom Nash seconded the motion and all members voted aye. The motion passed. 7. New Business: a. Nona presented the Board with job evaluation forms for Larry Richardson and Nona Schaefer for them to complete and be able to discuss at the January meeting. President Barsness selected Larry Leinweber to chair the evaluation committee. Larry Thiesen, Tom Nash and Richard Hawley volunteered to serve on the committee. b. John Dent presented a report on the 1997 Uniform Fire Code. He received a call from Bruce Barker, the county attorney, regarding the 1997 Uniform Fire Code. (l[I/v e ec&a& ••tlimutatiary &/Cr O U » 990:&"/(1 Fort Lupton Fire Protection District District Board Meeting December 17, 1998 Page 2 The City of Fort Lupton adopted the UFC with 48 hours notice before inspection of a multifamily dwelling and the Board had adopted the UFC with 24 hours notice before inspection of a multifamily dwelling. Mr. Barker wanted the Board to adopt the same UFC as the City. Larry Leinweber made the motion to approve the resolution to ratify the same changes to the 1997 UFC as the City of Fort Lupton. Richard Hawley seconded the motion and all members voted aye. The motion passed. A copy of the resolution is attached to these minutes. c. Richard Hawley told the Board he made phone calls to Central Weld Water Conservation District, Aristocrat Ranchettes and Farm Home Loan Association regarding hydrants on the water line going to Aristocrat. They all told him they would have to review the contract to see if it would be legal to put the hydrants in according to the terms of the contract. Larry Richardson had also called John Zadel with CWWCD regarding the same matter; however Mr. Zadel had not returned his call. 8. Reports: a. Fire Chief 1. Chief Tiffany requested the remainder of the fire call money, $3,000. Richard Hawley made the motion to approve this request. Tom Nash seconded the motion and all members voted aye. The motion passed. b. Fire Marshal Report: 1. Larry had called Fire and Police Pension Association requesting information regarding him being eligible to joing FPPA. They reviewed his job description and told him he would be eligible because he had to respond to fire calls for investigative purposes. Larry would need to request his Social Security payments since 1996 for vesting purposes. Larry Thiesen made the motion to acknowledge that Larry Richardson was eligible to join FPPA since January 1, 1996 because his job description included responding to fires for investigative purposes. Richard Hawley seconded the motion and all members voted aye. The motion passed. 2. Larry Richardson gave his 15th-15th report which was reviewed by the Board. 3. Larry said the siren for Aristocrat Ranchettes was in and would be installed the week of December 28th. He needed to coordinate everything with United Power for raising and installing the pole at 15504 Mary Avenue. The placement of the siren is centrally located with a radio control and electric power. c. Maintenance Report 1. Larry Richardson gave the maintenance report. Engine 2's pump was occillating between 40-60 pounds pressure. He and Ronnie took the truck to Cummins Diesel Service in Denver for repairs. Cummins had to coordinate with Luverne and Class 1, the makers of the sensors for the pump, to calibrate the pump to solve the surging problem. Class 1 had to send a new sending unit. The booster pump had two bearings burned out. Ronnie reinstalled the booster pump and the truck is finally on line. Luverne is paying for all the repair work under the warranty. 2. Ronnie is trying to get caught up on all the repairs. The fire department would like him to strip down the bed of the race truck and reseal it. The floors in the bay are being repaired again. The cement in the back is older and has water in it which causes the floor to bubble and then chip. So far AAA Flooring has been real good about repairing the floor. Ronnie is looking for some kind of molding to put around the grates to prevent them from chipping. 99027V9 Fort Lupton Fire Protection District District Board Meeting December 17, 1998 Page 3 d. President: President Barsness thanked the fire department for the fine job they did in 1998 and asked Chief Tiffany to pass the message on to his officers and members. He also wished everyone a very Merry Christmas and Happy New Year. 10. Other & Visitors: a. The Steering Committee will meet on Tuesday, January 12th at 5:30 p.m. at the Branding Iron Restaurant. John said they are trying to get the City actively involved with the Steering Committee and are trying a new date and time for this meeting. b. John Dent said he was meeting with Thermo Carbonics tomorrow to discuss the the land agreement. We will probably need to go through the entire subdivision process with the City for clear title to this land. Dave Connors signed the extension agreement which is good for six months on the 4 acres of land. c. Chief Tiffany told the Board he attended an open house at Bill Salmon's residence in Fort Collins and met the Director of Public Relations from Cozumel Mexico. They are very happy with the acquisition of old engine 2; however they have not taken posession of the truck yet. It is still in Miami Florida waiting for the paperwork to clear before it can be transported. Having no further business to come before the Board, Larry Leinweber made and Richard Hawley seconded a motion to adjourn. All members voted aye and the meeting adjourned at 9:08 p.m. 99oy9 ORDINANCE NO. 98-726 INTRODUCED BY: PHIL JENSEN AN ORDINANCE ADOPTING THE 1997 UNIFORM FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS, OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFORE AND DEFINING THEIR POWERS AND DUTIES; AND REVISING SECTIONS 18-131, 18-134 , 18-135, 18-136, AND 18-137 OF THE FORT LUPTON MUNICIPAL CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT LUPTON, COLORADO, AS FOLLOWS: PART 1. SECTION 18-131 OF THE FORT LUPTON MUNICIPAL CODE IS HEREBY REVISED TO READ AS FOLLOWS: " Section 18-131. ADOPTION OF THE UNIFORM FIRE CODE. Pursuant to Title 31, Article 16, Parts 1 and 2 C.R.S. there is hereby adopted by the City of Fort Lupton, Colorado for the purpose of prescribing regulations governing conditions hazardous to life and property from fire hazards and materials or explosion, that certain code known as the 1997 Edition Uniform Fire Code, including appendix chapters and appendix standards II-E, II-F, Section 4 . 1, Section 4 . 3 , Table II-F-1, Appendix VI-A, Section 3 , Appendix VI-B, and Appendix VI-G. Published by the International Fire Code Institute, being particularly the 1994 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended by Part 5 of this ordinance. Three (3) copies are now filed in the office of the City Clerk of the City of Fort Lupton and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date from which this ordinance shall take effect, the provisions hereof shall be controlling within the limits of the City of Fort Lupton. This Code is promulgated and published by the International Fire Code Institute, 5360 Workman Mill Road, Whittier, CA 90601-2298. PART 2. SECTION 18-134 OF THE FORT LUPTON MUNICIPAL CODE IS HEREBY REVISED TO READ AS FOLLOWS: "Section 18-134 . LIMITS FOR ABOVE GROUND TANKS. The limits referred to in Section 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 shall be prohibited within the AM 98-102 9D.41/7 City limits as may from time to time be established by the zoning part of this code now or hereafter in effect. " PART 3 . SECTION 18-135 OF THE FORT LUPTON MUNICIPAL CODE SHALL BE AMENDED TO READ AS FOLLOWS: "Section 18-135. LIMITS FOR LIQUIFIED PETROLEUM GASES. • The limits referred to in Section 8204. 2 of the Uniform Fire Code in which the storage of liquified petroleum gas is restricted within the limits of the City of Fort Lupton has may be established pursuant to any presently existing or subsequently adopted by the zoning part of this code. " PART 4 . SECTION 18-136 OF THE FORT LUPTON MUNICIPAL CODE IS HEREBY AMENDED TO READ AS FOLLOWS: "Section 18-136. LIMITS FOR EXPLOSIVE AND BLASTING AGENTS. The limits referred to in Section 7701. 7. 2 of the Uniform Fire Code in which storage of explosives and blasting agents is prohibited shall be prohibited anywhere within the City of Fort Lupton. " PART 5. SECTION 18-137 OF THE FORT LUPTON MUNICIPAL CODE SHALL BE AMENDED TO READ AS FOLLOWS: "Section 18-137. AMENDMENTS MADE TO THE 1997 UNIFORM FIRE CODE. The 1997 Uniform Fire Code is amended and changed as adopted in the City of Fort Lupton in the following respects: (1) Article 1 Section 103. 3 .1.2 - Right of Entry - Adopted as stated in the Uniform Fire Code, but added to as follows: 'In routine inspections, where there is no danger or hazard present, of multi-occupancy residential property, such as apartment buildings, (where entry is to be obtained through someone other than the occupant) the Chief or Fire Marshall, shall before entering, provide reasonable notice of at least 48 hours in advance by posting notice on each individual unit, or by posting notice in a location designated and utilized for such building wide communications. The notice shall specify the day and the time frame for the inspection and the type or extent of the inspection. ' (2) Article 1 Section 105 - Permits - is deleted. AM 98-102 2 qq&A79 (3) Article 10 Section 1001.5 - Maintenance, Inspection, Testing of Systems out of Service - is deleted. (4) Appendix I-A - Life Safety Requirements for Existing Buildings Other Than High Rise with the Exception of Tables A-I-B-I - is deleted. (5) Appendix I-B - Life Safety Requirements for Existing High Rise Buildings - is deleted. (6) Appendix II-C - Marinas - is deleted. (7) Appendix IV-B - Christmas Trees - is deleted. (8) Appendix VI-D - Model Citation Program - is deleted. " INTRODUCED, READ, AND PASSED ON FIRST READING, AND ORDERED PUBLISHED this 9TH day of SFPTVMBFR , 1998 . FINALLY READ BY TITLE ONLY, PASSED AND ORDERED PUBLISHED BY TITLE ONLY this 14TH day of OCTOBER 1998. EFFECTIVE (after publication) the 20TH day of NOVEMBER 1998 . �L� �� ATTEST: Ron nes, Mayor Barbara Rodgers, City Cle APPROVED AS TO FORM: e- t_t_ T. William Wallace City Attorney 415 Denver Avenue Suite E Fort Lupton, CO 80621 AM 98-102 3 LAW OFFICE OF JOHN R. DENT,P.C. 332 Denver Avenue Phone: (303) 857-4667 P.O.Box :333 Metro: (303) 659-2028 Fort Lupton,CO 80621 Fax: (303) 857-2467 November 2, 1998 Co r7 . t^9g i Ms. Connie Harbert, Chairman Weld County Commissioners P.O. Box 758 Greeley, CO 80631 RE: ADOPTION BY COUNTY OF 1997 UNIFORM FIRE CODE FOR RURAL AREAS OF FORT LUPTON FIRE PROTECTION DISTRICT Dear Chairman Harbert: The Fort Lupton Fire Protection District would request that the County adopt the 1997 Uniform Fire Code for the rural areas of the Fort Lupton Fire Protection District. The City of Fort Lupton did adopt the 1997 Uniform Fire Code on October 14, 1998. Enclosed for your reference is a copy of Ordinance #98-726 signed by the Mayor and City Clerk and approved by the City Attorney by which the City adopted the 1997 Uniform Fire Code. In behalf of the Fire Protection District we would request that the County adopt exactly the same provisions and make them applicable to the areas outside the city limits of the City of Fort Lupton but within the Fort Lupton Fire Protection District. If we can provide any further information or be of assistance to you, please don't hesitate to contact us. Sinc I , hn R. Dent JRD:br Enc: cc: Mr. Bruce Barker, Weld County Attorney Larry Richardson, Fire Marshal WO.21519 From: BRUCE BARKER To: NORTHDOMAIN.NORTHPOST.DSPRAGUE, NORTHDOMAIN.NORTHP. . . Subject: Consent to Application of 1997 Fire Code in Ft. Lupton FPD The Board just received a letter from the Fort Lupton Fire Protection District asking that the Board of County Commissioners consent to the application of the 1997 Fire Code in the unincorporated potion of the District. As I recall from the discussions we had about the Windsor-Severance District, there will be a problem if the Board consents to the 1997 Fire Code when the County has adopted the 1994 Building Code (in 1996) . The 2 Codes don't necessarily correspond. I therefore think we can't accomodate. Do you agree? I think we should respond by pointing to some references in the 1997 Fire Code to the 1997 Building Code, which is not the same as the 1994 Building Code. Bruce. CC: LMORRISON, VSPRAGUE From: BRUCE BARKER To: NORTHDOMAIN.NORTHPOST(DSPRAGUE) Subject: Adoption of 1997 UFC and amendmnets for Ft. Lupton Fire District. -Reply Thanks for the info. Attached is a copy of the statute in question which allows a fire protection district to request that a Board of County Commissioners allow the application of the Fire Code in the unincorporated area of the district. Note that in this case it is the Ft. Lupton Fire Protection District, not the City of Ft. Lupton. Also, they are not asking us to enforce. Rather, they will enforce the Fire Code, but as you mention, there are enough references in the Building Code to the Fire Code that we will wind up enforcing some aspects when we enforce the Building Code. For the Board to refuse to allow the application, we will need specific reasons why there is the need to refuse. Your reference to vagueness of 902 .2 .2 .6 is good. Any others? Bruce. >>> DAVID SPRAGUE 11/09/98 03 :llpm >>> We received a copy of the letter from John R. Dent in regards to the adoption of the 1997 Uniform Fire Code along with the amendments by the City of FT. Lupton. As you know, Weld County has not adopted any fire codes in their entirety. The Uniform Building Code does reference the Uniform Fire Code in certain areas. (F in the margin of the UBC indicates that the language is taken from UFC) Since we adopt the Uniform Building Code, those specific references to the Uniform Fire Code contained therein would be adopted. Since the City of Ft. Lupton does not have powers of enforcement outside the city limits, I imagine they want us to adopt the UFC along with their amendments. The problem I see is that if we adopt the UFC and amendments for the FT. Lupton Fire District, we would no doubt be expected to adopt and enforce the individual amendments for all the other fire districts. If that were the case we would no want to be involved in all the fire district adoption processes. At this time, we don't have the staff or background knowledge to handle that added responsibility. The Weld County Building Code Ordinance does give us the authority to act on dangerous situations that could cause fire (IE hazardous electrical wiring and equipment, dangerous installation of gas supplies, or defective gas appliances) . Just got yourE-Mail. One problem that I see with the Uniform Fire Code is its vagueness. For instance, Section 902.2.2 .6 of the 1997 Uniform Fire Code states: "The gradient for a fire apparatus access road shall not exceed the maximum approved. " This is a reference to the fire lane grade. There is not a specific grade mentioned, it says only as approved (many use a grade not to exceed 10%) . Other references lack specifics as well. As a result each authority must adopt it own amendments, The Mt. View Fire district has what 99044/9 is called "1994 Uniform Fire Code Fire Protection Development Standards. " This fills in most of the gaps of the UFC, but it is probably 50-60 pages in length. If we adopted a fire code and amended/additions as necessary, we would have to make those amendments binding throughout the entire county. Each jurisdiction wants to have it's own amendments, and I doubt they would be in favor of a universal set of standards which would be enforced by the inspection department. 99007519 § 32-1-1002 . Fire protection districts--additional powers and duties (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 : (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 district ' s boundaries; except that nothing in this paragraph (d) shall be construed to affect any fire codes existing on June 30 , 1981, which have been adopted by the governing body of a 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. 9��dY From: BRUCE BARKER To: NORTHDOMAIN.NORTHPOST.DSPRAGUE Subject: Adoption of 1997 UFC and amendments. -Reply I don't think I have been making myself very clear. My fault. I agree wholeheartedly with Duane's comment in your third full paragraph in this message. The County is not being asked to "adopt" the 1997 Fire Code. Its a request for a "blessing" or "consent" by the Board to the enforcement by the District in the unincorporated (County) portion of the District. The discussions Monica and I had with Duane last year centered on whether there are enough conflicts between our Building Code and the 1997 Fire Code to warrant our objection to the adoption of that Code by any district in Weld County. I think you hit the nail on the head when you stated in your other e-mail message that the conflicts usually arise with the amendments the districts individually adopt. That's why we need to look and see if the Ft. Lupton adopted version creates any conflicts for us. If so, we need to have the Board respond to John Dent by respectfully refusing to consent for the reasons we give them (the conflicts we identify) . Bruce. >>> DAVID SPRAGUE 11/10/98 01:08pm >>> Duane Scheel from the Union Colony Fire Dept. dropped off a referral a few minutes ago, so I pulled him aside and showed him the letter that was sent over from- Ft. Lupton. He felt it would be a mistake to adopt into our ordinance the UFC and the amendments that were approved by the Ft. Lupton City Council. According to Duane, each fire district can legally adopt a fire code. They are then responsible for enforcement. From what I understand, all the districts really need is Weld County's blessing that what they have adopted is not in conflict with our adopted codes and ordinance (1994 UBC, 1994 UMC, 1991 UPC, 1996 NEC) . As long as that is the case, there is no reason for us to adopt the UFC or any amendments to the UFC. Somehow I received the original letter. I 'll send that back over. CC: NORTHDOMAIN.NORTHPOST.MMIKA 6;;>:, OFFICE OF COUNTY ATTORNEY Kit PHONE (970)356-4000 EXT.4391 FAX (970) 352-0242 915 TENTH STREET P.O. BOX 1948 GREELEY, CO 80632 111k COLORADO November 20, 1998 John R. Dent Law Office of John R. Dent, PC 332 Denver Avenue P.O. Box 333 Fort Lupton, CO 80621 RE: 1997 Fire Code, as Amended -- Fort Lupton Fire Protection District Dear John: I have received a copy of your letter dated November 2, 1998, and addressed to Constance Harbert, Chair, Board of County Commissioners of Weld County. The letter requests that the Board issue a Resolution stating that the 1997 Fire Code, as amended, be applicable within the unincorporated area of the Fort Lupton Fire Protection District ("the District"). The request is made pursuant to C.R.S. § 32-1-1002(1)(d). A copy of that section is enclosed. Whenever the County receives a request such as yours on behalf of a fire protection district, the request is referred to the Building Inspection Division of the Weld County Department of Planning Services. Mr. David Sprague, Building Official, is in charge of the Inspection Division. The question I normally have is if the Board of County Commissioners adopts the requested Resolution, will there be a conflict between Weld County's Building Code and the district adopted version of the Fire Code? Weld County currently has adopted the 1994 version of the Uniform Building Code. It is my understanding that Mr. Sprague has reviewed the 1997 Fire Code, as amended by the Fort Lupton Fire Protection District, with regard to whether that version of the Fire Code conflicts with the 1994 Building Code as adopted by the County. Enclosed is an e-mail message I received from him on November 12, 1998, which contains various questions and comments. I respectfully request that the fire chief for the Fort Lupton Fire Protection District review Mr. Sprague's questions and comments and respond to him. It may be helpful if the fire chief call Mr. Sprague to discuss the e- mail. He may be reached at (970) 353-6100, extension 3543. John R. Dent, Letter November 20, 1998 Page 2. Thank you for your assistance in this matter. Please feel free to call me at (970) 356-4000, extension 4390, if you should have any questions or if I may be of any assistance. Sxncerel rum ce T. Barker — — Weld County Attorney BTB/db:Let/Dent Enclosures pc: David Sprague Monica Daniels-Mika 990,3/V9 From: DAVID SPRAGUE To: CENTDOMAIN.CENTPOST(BBARKER) Date: 11/12/98 1:57pm Subject: Adoption of 1997 UFC and amendments. -Reply -Reply Sorry Bruce, I got you now. I see no conflicts with the adoption of the 1997 UFC by the Ft. Lupton Fire Diistrict. (Part 1) Part 2 : re: Above ground storage tanks. 7902 .2 .2.1 restricts both the size and construction of above ground tanks. Is the wording in the amendment saying that there will be no limitations except as imposed by the zoning department? (comma after restricted?) If so, what restrictions does the Ft. Lupton Zoning Department have? We may need to get a copy of their zoning regulations. The restrictions or limitations mentioned in the UFC 7902.2.2 .1 are ones that our inspection department does not normally regulate or inspect. Or is this amendment more prohibitive: no above ground tanks at all? Only zoning may allow there existence. Part 3 :Storage facilities for LP (Propane) gas. Same questions as part 2 . Part 4: re: Prohibition of explosives. Acceptance of this amendment would mean that explosives could not be stored or used for construction purposes (removal of rock for foundation or road work) or building demolition ( large buildings) . How about firework stands? The UBC would regulate the storage of explosives. This is considered a H Occupancy, Division 1. An H-1 is the most hazardous location and is highly restricted and regulated. (Temporary blds. like firework stands would probably not be reviewed by our department) . Part 5, (1) : re: Right of entry. What are routine inspections? There will be no periodic inspection according to Part 5, (3) . Also missing is the language contained in the 1997 UBC 104.2.3 which states in part: " . . .If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. " This seems to say that after two days and upon the discretion of the Fire Chief or Marshall, he/she may enter the building. What if the owner is up camping over the week-end and cannot be reached? Although the owner of the building is alluded to, there does not appear to be a requirement to actually contact the owner of the property. All that is required is posting notices at the building itself. Part 5, (3) : regular testing and inspection 99v.sq Due to manpower limitations, the district is probably unable to make routine inspections. The different codes do require periodic inspections and testing of life safety equipment; however, most of the time it falls back on the property owner to make sure that happens. • The rest of the amendments should pose not conflict with our codes ordinances. 99( 4/9 From: DAVID SPRAGUE To: CENTDOMAIN.CENTPOST.BBARKER Date: 12/7/98 3 :46pm Subject: Ft. Lupton's request regarding 1997 UFC and amendments. Bruce- Larry Richardson, Fire Marshall, called this morning. He has been on vacation for the last while. After some clarification, it appears that the amendments that were made to the 1997 UFC are actually more restrictive than the UFC requirements. I really don't see any conflicts the UBC or the rest of our codes. 990. w9 Hello