HomeMy WebLinkAbout20163679.tiffIRELAND
STAPLETON
November 10, 2016
Weld County Board of County Commissioners
1150 O Street
Greeley, CO 80632
Re: Failure to Adopt Fire Code
Dear Board of County Commissioners:
MICHELLE B. FERGUSON
303.628.3658 (direct)
mferguson@irelandstapleton.com
RECEIVED
DEC 0 2 2016
WELD COUNTY
COMMISSIONERS
Our firm represents the Greater Brighton Fire Protection District ("GBFPD"). On March 24, 2016,
GBFPD forwarded to you its adoption of the 2012 International Fire Code with Amendments ("GBFPD
Fire Code") which would apply to residents of Weld County who are within the jurisdiction of GBFPD.
Because this GBFPD Fire Code was similar to other fire codes previously approved by the Weld County
Board of County Commissioners, GBFPD anticipated the Board of County Commissioners would
approve the GBFPD Fire Code. However, the Board of County Commissioners refused to adopt the
GBFPD Fire Code, and has continued to refuse to do so despite GBFPD acquiescing to additional
concerns and proposing alternate fire codes for consideration--- alternate fire codes that the Board of
County Commissioners had previously adopted on behalf of other fire protection districts within Weld
County. After months of waiting, the Board of County Commissioners has failed to act or provide any
meaningful explanation of its rejection of the GBFPD Fire Code or basis for its decision other than the
Board of County Commissioners wants "to take a broader look at how we approach these." While taking
a broad approach may make sense in the long term, in the short term there is no fire code in place for
residents and property in Weld County served by GBFPD which creates life safety issues for current
development and lack of guidance for the developers, public and GBFPD. This is unacceptable. As we
expressed in our May 25, 2016 correspondence to you, we believe the Board of County Commissioner's
differential treatment of GBFPD and those that reside within its jurisdiction compared to all the other fire
districts for whom Weld County has adopted a similar, if not identical, fire code as that proposed by
GBFPD, violates state law. Setting this issue aside, despite GBFPD's requests for adoption of various fire
codes and the Fire District's submission of fire codes identical to the fire codes adopted by the Board of
County Commissioners for other fire districts, the Board of County Commissioners has rejected such
codes and has refused to act since March 24, 2016.
As a result, we are hereby providing notice that GBFPD is invoking its authority under C.R.S. 32-1-1002
(f), which states:
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:
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2016-3679
2508571.2 IRELAND STAPLETON PRYOR & PASCOE,PC
717 17TH STREET, SUITE 2800, DENVER CO 80202 TEL 303.623.2700 FAX 303.623.2062 IRELANDSTAPLETON.COM
Weld County Board of County Commissioners
November 10, 2016
Page 2
(f) In areas of the special district where the county or municipality has rejected the adoption of a
fire code submitted by the fire protection district, to compel the owners of premises, 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 (f) 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.
Further, to be clear, regardless of the adoption of a fire code or the provisions of C.R.S. 32-1-1002(f),
GBFPD maintains the authority at all times under C.R.S. 32-1-1002(3)(b), which provides, among other
things, that the chief of the fire department shall inspect all buildings, premises, and public places for the
purpose of ascertaining and causing to be corrected any condition liable to cause fire, an inspection of the
construction, placing, repair, and control of all fire escapes, standpipes, pressure tanks, fire doors, fire
shutters, fire lines, fire hose, sprinkling systems, exit lights, and exit signs and a review of the installation
and testing of fire equipment in all buildings and places requiring such equipment and the provisions for
means of escape or protection against loss of life and property from fire in such buildings and places;
conduct investigations of the cause , origin and circumstances of every fire occurring within his/her
jurisdiction; and order remedies of any building or other structure that lacks or has insufficient fire
escapes, automatic or other fire alarm apparatus or fire extinguishing equipment.
Accordingly, until such time as Weld County adopts a fire code applicable to the citizens of GBFPD that
reside in Weld County, Brighton Fire District will take whatever action necessary with respect to any
property or development within GBFPD's jurisdiction within Weld County that GBFPD deems necessary
for the protection of public safety in accordance with C.R.S. 32-1-1002.
Finally, we recommend that Board of County Commissioners and its counsel educate the Building
Department of GBFPD's rights and obligations under these statutes and that its personnel refrain from
suggesting to any developer or property owner that because no code is in place in GBFPD's jurisdiction
in unincorporated areas of Weld County that GBFPD does not have such authority, which we understand
its personnel recently did.
Sincerely,
Cc: Frank Haug, Esq. (via electronic mail)
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Michelle B. Ferguson
2508571.2
IRELAND STAPLETON PRYOR & PASCOE,PC
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