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HomeMy WebLinkAbout20172855.tiffRESOLUTION RE: CONSENT TO THE ENFORCEMENT OF THE 2012 INTERNATIONAL FIRE CODE, WITH AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD COUNTY LYING WITHIN THE GREATER BRIGHTON FIRE PROTECTION DISTRICT 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 not be enforced in unincorporated portions of Weld County without the consent of the Weld County Board of Commissioners, and WHEREAS, the Greater Brighton Fire Protection District Board of Directors has presented a resolution adopting the 2012 International Fire Code, with certain amendments, and WHEREAS, after review, the Board deems it advisable to consent to enforcement of the 2012 International Fire Code, with certain amendments detailed in the attached, within the unincorporated areas of Weld County that are also within the geographic boundaries of the Greater Brighton Fire Protection District. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Board hereby consents to enforcement the 2012 International Fire Code, with certain amendments detailed in the attached, within the unincorporated areas of Weld County that are also within the geographic boundaries of the Greater Brighton Fire Protection District. BE IT FURTHER RESOLVED that any further amendments to the 2012 International Fire Code by the Greater Brighton Fire Protection District shall not be effective within unincorporated Weld County without the presentation to, and consent of, the Weld County Board of County Commissioners. cc Ca,cGLi t ) G reap-er gri3h+on Fire Pro+cet;o,n O;s+c;c+ q/% II1 2017-2855 SD0027 CONSENT TO THE ENFORCEMENT OF THE 2012 INTERNATIONAL FIRE CODE, WITH AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD COUNTY LYING WITHIN THE GREATER BRIGHTON FIRE PROTECTION DISTRICT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 21st day of August, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COTY, COL DO ATTEST: de/IAA)'� Weld County Clerk to the Board BY:( 1 iii ��e. �. . APPR G`ounty Attorney Date of signature: `L l ►H / I'7 2 Julie A. Cozad, Chair EXCUSED Steve Moreno, Pro-Tem Sean P. Conway ike Freeman XCUSED Barbara Kirkmeyer 2017-2855 SD0027 GREATER BRIGHTON FIRE PROTECTION DISTRICT Resolution No. 2017-03 RESOLUTION ADOPTING A FIRE CODE FOR ALL AREAS IN THE DISTRICT WITHIN UNINCORPORATED WELD COUNTY OR FOR AREAS IN WELD COUNTY TO WHICH NO OTHER FIRE CODE APPLIES OR WHERE NO OTHER FIRE CODE HAS BEEN ADOPTED WHEREAS, the Greater Brighton Fire Protection District ("District") is a quasi - municipal corporation and subdivision of the State of Colorado, formed pursuant to C.R.S. § 32-1-101, et seq. ("Special Districts Act"), to provide fire prevention, fire suppression, and emergency medical, ambulance, and hazardous materials services (collectively, "Fire Services") within its jurisdiction; WHEREAS, pursuant to C.R.S. § 32-1-1002(1)(d), the District Board of Directors is authorized "[t]o 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...."; WHEREAS, pursuant to C.R.S. § 32-1-1002(3)(b)(I), the District's Fire Chief is required to "[ennforce all laws of this state and ordinances and resolutions of the appropriate political subdivisions relating to the prevention of fires and the suppression of arson"; WHEREAS, the District Board of Directors has determined that it is in the best interest of the citizens and property located within the District's jurisdiction, and citizens passing through the District's jurisdiction, and is consistent with the Special District Act, for the District to adopt a Fire Code that shall apply to all real and personal property currently located, or that may in the future be located, with the District's jurisdiction, and that also is located within unincorporated Weld County or that is located within Weld County and to which no other Fire Code applies or no other Fire Code has been adopted ("Weld County Fire Code") WHEREAS, upon direction of the Weld County Board of County Commissioners as to specific requirements it would approve, the District Board of Directors has determined that the Weld County Fire Code shall be the International Fire Code, 2012 edition, together with all appendices and local amendments as outlined in Exhibit A; and, WHEREAS, the District shall enforce the Weld County Fire Code with respect to all real and personal property currently located, or that may be in the future located within its jurisdiction, and that also is located within unincorporated Weld County or that is located within Weld County and to which no other Fire Code applies or no other Fire Code has been adopted. . NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE GREATER BRIGHTON FIRE PROTECTION DISTRICT: 1 2017-2855 1. Pursuant to C.R.S. § 32-1-1002(1)(d), the Board of Directors of the Greater Brighton Fire Protection District hereby adopts the International Fire Code, 2012 edition, together with all appendices and local amendments, which is incorporated into this Resolution by reference, and is attached hereto as Exhibit A, as the Weld County Fire Code. 2. The District shall enforce the Weld County Fire Code with respect to all real and personal property currently located, or that may be in the future located, within its jurisdiction that is within unincorporated Weld County or within Weld County where no other Fire Code applies or where no other Fire Code has been adopted. 3. This Resolution supersedes and replaces, in their entirety, all prior Resolutions of the District Board of Directors pertaining to adoption or enforcement of a fire code for Weld County APPROVED this go day of Altar , 2017 BOARD OF DIRECTORS OF �`// ,Tll GREATER BRIGHTON FIRE PROTECTION DISTRICT an Morris, President cdfLQ Scott Gerhardt, Vice President Arlin Riggi, Secreta ' 2 Frank Serafinireasurer ctst-rti ?awe - Don Rowe, Assistant Secretary EXHIBIT A, Section 1. ADOPTION The Greater Brighton Fire Protection District Board of Directors hereby adopts, by reference, the International Fire Code, 2012 edition, with amendments as described in Section 5, and including the following appendices: Appendix B, Fire -Flow Requirements for Buildings; Appendix C, Fire Hydrant Locations and Distribution; Appendix D, Fire Apparatus Access Roads; Appendix E, Hazard Categories; and Appendix F, Hazard Ranking. Section 2. CODE DESCRIBED The International Fire Code, 2012 edition, is published by the International Code Council, 500 New Jersey Avenue NW, 6th Floor. Washington, DC 20001. Section 3. APPLICABILITY Pursuant to § 30-28-201, et seq., C.R.S., this Resolution shall apply to all of the real and personal property currently located, or that may be in the future located, within its jurisdiction, where no other Fire Code has been adopted, or applies. Section 4. BOARD OF APPEALS The "Board of Appeals," as described in Section 108 of the International Fire Code, 2012 edition, shall be the Greater Brighton Fire Protection District Board of Directors. Whenever the fire code official disapproves an application or refuses to grant a permit applied for, or when it is claimed that the intent of the Code has been incorrectly interpreted, the provisions of the Code do not fully apply, or an equivalent method of protection or safety is proposed, the applicant may appeal the decision of the fire code official to the Board of Fire Code Appeals within thirty days from the date the decision being appealed was made. Section 5. AMENDMENTS The 2012 International Fire Code is amended and changed in the following respects: 1. No single or double family residential home that is less than 3600 square feet, above grade, will be required to have a fire suppression system. 2. 503.1.2 Additional access. Additional access permit(s) for fire safety may be requested from Weld County through the access permit process set forth in the Weld County Code, in the unincorporated portions of the Fire District. 3. Single and double family residences will not require unduly burdensome road 3 construction or driveway maintenance. Section 6. PENALTIES Pursuant to § 30-15-402, C.R.S., any person who violates the provisions of this Resolution commits a class 2 petty offense and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars for each separate violation. Section 7. REPEAL OF CONFLICTING FIRE CODES All conflicting fire codes previously adopted by the Greater Brighton Fire Protection District Board of Directors are hereby repealed in their entirety and re-enacted in accordance with the provisions of this Resolution. Section 8. SEVERABILITY The Greater Brighton Fire Protection District Board of Directors hereby declares that should any article, section, paragraph, sentence, clause, or phrase of this Ordinance be held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Resolution. The Greater Brighton Fire Protection District Board of Directors hereby declares that it would have passed this Resolution, and each part or parts thereof, irrespective of the fact that any one part or part be declared invalid or unconstitutional. Section 9. SAFETY CLAUSE The Greater Brighton Fire Protection District Board of Directors hereby finds, determines, and declares that this Resolution is necessary for the preservation of the public health, safety, and welfare. 4 Brighton Fire Rescue District 500 South 4'h Avenue, 3'd Floor • Brighton, Colorado 80601 Telephone: (303) 659-4101 yFax: (303) 659-4103 • Website: www.brightonfire.org NOTICE OF MEETING AND PROPOSED AGENDA Wednesday — August 16, 2017 — 6:00 p.m. 500 S. 4th Avenue, 6th Floor, Brighton, Colorado 80601 Agenda is preliminary and subject to change by majority vote of the Board at the meeting. Individuals requiring special accommodation to attend and/or participate in the meeting should please advise the Administrative Assistant at (303) 659-4101 of their specific need(s) 48 hours before the meeting. AGENDA 1. Call to Order 2. Call of Roll 3. Presentation(s) a. Water Rescue Team 4. Call for changes to and approval of the Agenda 5. Public Comment (Speakers limited to 5 minutes) 6. Action Items a. Consent Agenda ITEMS OF A ROUTINE AND NON -CONTROVERSIAL NATURE ARE PLACED ON THE CONSENT AGENDA TO ALLOW THE DISTRICT BOARD TO SPEND ITS TIME AND ENERGY ON THE IMPORTANT ITEMS ON A LENGTHY AGENDA. ANY BOARD MEMBER MAY REQUEST THAT AN ITEM BE 'PULLED" FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. AGENDA ITEMS PULLED FROM THE CONSENT AGENDA WILL BE PLACED ON THE AGENDA AT THE END OF THE MATTERS LISTED UNDER "ACTION ITEMS." 1. Approval of Financial Report year to date ending June 30, 2017 2. Approval of July 2017 payments GF check numbers 30946 to 31020 and ACH Transactions CD check numbers 20134 to 20148 Total July expenditures 793,570 Board of Directors Meeting 3. Approval of July 12, 2017 Board Meeting Minutes 7. Reports/Informational Items a. Staff Reports 1. Fire Chief 2. Deputy Chief 3. Finance Manager 4. Deputy Fire Marshal 5. Public Information Officer 6. Attorney's Report b. Brighton City Liaison Report 8. Old Business a. Station 52 Update 9. New Business a. Resolution 2017-03 Adopting a Fire Prevention Code b. Award of Bid for Fleet Maintenance Facility Page 2 10. Executive Session pursuant to C.R.S. § 24-6-402 (b)(e) to Receive Advice of Legal Counsel on Contract Negotiations. 11. Adjournment Hello