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HomeMy WebLinkAbout20171812.tiffRESOLUTION RE: CONSENT TO THE ENFORCEMENT OF THE 2012 INTERNATIONAL FIRE CODE, WITH AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD COUNTY LYING WITHIN THE PLATTE VALLEY 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 Platte Valley 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 Platte Valley 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 Platte Valley Fire Protection District. BE IT FURTHER RESOLVED that any further amendments to the 2012 International Fire Code by the Platte Valley 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.Ccui) Pla++e Valley Fite Pro+ec+ion O:s+r c+ '7/a4/I7 2017-1812 SD0002 CONSENT TO THE ENFORCEMENT OF THE 2012 INTERNATIONAL FIRE CODE, WITH AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD COUNTY LYING WITHIN THE PLATTE VALLEY FIRE PROTECTION DISTRICT PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of June, A.D., 2017. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: dde444) Weld County Clerk to the Board Steve Moreno, Pro-Tem BY: can P. Conway APP u ty Att •rney arbara Kirkmey Date of signature: 1 / t31("7 2017-1812 SD0002 FIRE CODE RESOLUTION 2017-2 PLATTE VALLEY FIRE PROTECTION DISTRICT A RESOLUTION, ADOPTING THE INTERNATIONAL FIRE CODE, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATION. WHEREAS, The Board of Directors of the Platte Valley Fire Protection District previously adopted the 2012 International Fire Code and International Fire Code Standards for the purpose of establishing rules of conduct and standards for the protection of life, health, property, security, -and welfare of the inhabitants of the District through adoption of Resolution 2017-1 on April 10th, 2017 ("Fire Code Resolution"); and WHEREAS, in subsequent discussions with Weld County Commissioners, it became clear that an amendment was necessary to the previously adopted Fire Code Resolution; and WHEREAS, this resolution reflects the addition of Section IV, paragraph 2 and is intended to supersede the previously adopted Fire Code Resolution; and WHEREAS, The Board of Directors has considered the effect of the fire code enforcement within the boundaries of the District and has determined that enforcement of the proposed codes would not cause undue hardship or suppression of economic growth within the District; and WHEREAS, The Board of Directors has studied the necessity for realistic and reasonable level of fire protection to be provided by a fire protection district; and WHEREAS, The Board of Directors will pursue adoption by municipalities within the limits of the District to adopt the same codes for the purpose of ensuring equitable protection of all of the inhabitants of the District; NOW, THEREFORE, BE IT RESOLVED: SECTION I: Adoption of the 2012 International Fire Code and International Fire Code Standards. There is hereby adopted by the Platte Valley Fire Protection District for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials, or explosion, that certain Codes and Standards known as the International Fire Code, including all Appendix Chapters. Published by the International Code Council, being particularly the 2012 editions thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended by the Resolution of which said Code and Standards are now filed in the offices of the Platte Valley Fire Protection District, and the same are hereby adopted and incorporated as fully as if set out at length herein. The date on which this Resolution shall take effect within the incorporated municipalities within this District shall be the date of approval by the governing board 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 1 2017-1812 Boards 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 Platte Valley Fire Protection District. SECTION II: Establishment and Duties of Fire Prevention. Organizational structure and duties of the Fire Prevention Division, if any, shall be as provided by the District's policies and or directives. SECTION III: Definitions. Wherever the word "District" is used, it shall mean the Platte Valley Fire Protection District. Wherever the word "jurisdiction" is used in the adopted Code and Standards, it is meant to be inclusive of the boundaries of the Platte Valley Fire Protection District as they now or may hereafter exist. Where the term "Chief' or "Chief of the Bureau of Fire Prevention" is used, it shall be held to mean the Chief of the Platte Valley Fire Protection District, or a designated member of the District. Where the term "Bureau of Fire Prevention" is used, it shall be held to mean either the entire Fire Prevention Division or those employees (paid or volunteer) designated by the Chief to carry out enforcement duties relating to the prevention of fires and suppression of arson. Where the term "Board" is used, it shall be held to mean the Board of Directors of the Platte Valley Fire Protection District. Wherever the term "International Building Code" is used, it shall be held to mean the International Building Code as adopted, amended and incorporated into the Weld County Building Code, Town of Kersey Building Code. SECTION IV: Amendments made in and to the 2012 International Fire Code. 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 construction or driveway maintenance. Subsection -1- Open Burning: The following section is to be added to Chapter 1, and to be known as Section 105.6.30 "This Article shall be interpreted to be consistent with the provisions of § 32-1-1002(3), C.R.S." or where there is a separate ordinance that addresses this section. Chapter 1, Section 105.6.30 shall be amended by the addition of a sentence reading as follows: "No such permit shall be 2 required where burning is regulated pursuant to regulations promulgated under §25-7-123, C.R.S. and regulated by the Weld County Health Department or municipal authorities. Subsection -2- Appendix A The following section A101.2 of Appendix A shall be repealed and replaced, and to be known as Section A101.2: A101.2 Membership The membership of the board shall consist of three voting members having qualifications established by this section. Members of the board shall be the Fire Chief, Chief Building Official, and a Fire Protection Engineering Professional. A101.2.1 Fire Protection Engineering Professional One member shall be a qualified engineer, technologist, technician, or safety professional trained in fire protection engineering, fire science, or fire technology. Section V: Validity and Conflict: The Board of Directors of the Platte Valley Fire Protection District hereby declare 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 Platte Valley Fire Protection District Board of Directors that it would have passed all other portions of this resolution independent of elimination here from any such portion as may be declared invalid. It is further the declaration of the Platte Valley Fire 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 VI: 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 §32-1- 1002(1)(d) C.R.S. Upon approval, this resolution shall supersede the previously adopted Fire Code Resolution. Adopted this 6th day of June, 2017. PLATTE VALLEY FIR. PROTECTION DISTRICT ATTEST: By f`? c 4-41 °���{_ Dan Buderus, President of the By --- Barry- ells, Secretary of the Board card 3 Hello