HomeMy WebLinkAbout20161762.tiffIRELAND
STAPLETON
May 25, 2016
Weld County Board of County Commissioners
1150 O Street
Greeley, CO 80632
MICHELLE B. FERGUSON
303.628.3658 (direct)
mferguson@irelandstapleton.ccm
RECEIVED
JUN 0.2
WELD COON TA/
COMMISSIr i •
Re: Adoption of 2012 Fire Code with Amendments for Residents of Greater Brighton Fire
Protection District
Dear Board of County Commissioners:
Our firm represents the Greater Brighton Fire Protection District ("GBFPD"). Because Weld County has
opted not to adopt its own Fire Code and instead defers to the Fire Code adopted by the various fire
protection districts serving residents within its County, on or about 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, particularly in that it required new residential occupancies that were not within
1000 feet of a fire hydrant to install a fire sprinkler system, GBFPD anticipated the Board of County
Commissioners would approve the GBFPD Fire Code. However, during GBFPD's meeting with the
Commissioners on May 4, 2016, they were surprised to learn that the Board of County Commissioners
refused to adopt the GBFPD Fire Code, claiming that the amendment adopted by GBFPD to install fire
sprinklers on all new residential occupancies that were not within 1000 feet of a fire hydrant was
onerous, despite the fact that this amendment significantly limited the number of homes that would be
required to sprinkle their homes compared to the language in the 2012 International Fire Code.1
While we respect the position of the Weld County Board of County Commissioners, we are confused as
to why the GBFPD Fire Code, and therefore the Weld County residents who reside in the GBFPD's
jurisdiction and would be subject to the GBFPD Fire Code, are being singled out and treated differently
than many other Weld County residents who reside in other fire protection districts. Specifically, the
Weld County Board of County Commissioners have previously approved Fire Codes containing a similar
requirement to sprinkle new single family homes by Windsor -Severance Fire Protection District,
Platteville-Gilcrest Fire Protection District, Milliken Fire Protection District, Mountainview Fire
Protection District, Fort Lupton Fire Protection District, and Berthoud Fire Protection District. Indeed,
many of these fire protection districts' fire codes containing this requirement have been in place for
several years, and many of the same members of the current Weld County Board of County
2016-1762
1 As a reminder, the 2012 International Fire Code (2012 IFC) requires all new single family homes have a sprinkler
installed. GBFPD adopted an amendment to the 2012 IFC which limits this requirement to only new single family
homes that are not within 1000 feet of a fire hydrant or are over 3600 square feet in size. As such, the amendment to
the 2012 IFC adopted by GBFPD significantly reduces the number of single family homes that would be required to
have a sprinkler system.
2399887.3 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 Conunissioners
May 25, 2016
Page 2
Commissioners were members of the Board of County Commissioners that approved these other fire
protection districts' fire codes containing this requirement.
There is a clear difference in treatment being applied to GBFPD and the Weld County residents it serves
compared to the Weld County residents in other fire protection districts. A classification which singles
out a group of persons for disparate treatment must be rationally based on differences that are real and not
illusory and must be reasonably related to a legitimate governmental interest. Lujan v. Colo. State Bd. of
Educ.. 649 P.2d 1005, 1010 (Colo. 1982). In creating such a difference between Weld County residents,
the Board of County Commissioners must establish that the difference in treatment is valid and rationally
related to a governmental goal. Specifically, the Weld County Board of Commissioners must
demonstrate this difference in treatment has a reasonable relationship to a legitimate government interest.
See generally, Matthews v. State, Dep't of Revenue, 193 Colo. 44 (1977); Regency Services Corp. v. Bd.
Of Ctv. Comm'rs, 819 P.2d 1049 (Colo. 1991). During its meeting with GBFPD, the Board of County
Commissioners could articulate no reasonable basis for why it was singling out Weld County residents
who receive fire protection from GBFPD compared to those Weld County residents who receive fire
protection from other fire protection districts. Indeed, we think Weld County residents would be shocked
to learn of this difference in treatment.
GBFPD understands from its meeting that the Board of County Commissioners may want to evaluate
whether it should adopt its own fire code or whether it may want to revisit all the prior fire codes it has
adopted with the requirement to sprinkle new single family homes that are not within 1000 feet of a fire
hydrant or other similar requirements. Last week, at the meeting with the Weld County Fire Chiefs and
Commissioner Freeman, further discussion was had regarding this issue and Commissioner Freeman
indicated that "we are going to look into this and study it" and took the issue under advisement with
various Weld County Chiefs and Fire Marshals. Unfortunately, we are concerned that this evaluation,
discussion, and possible adoption of a Weld County fire code will take many months, if not years. In the
meantime; however, GBFPD is left without guidance on the enforcement of its fire code for its residents
who reside in Weld County, which obviously creates fire, life and safety concerns. Accordingly, while
the Board of County Commissioners considers how it wishes to proceed, we respectfully request that
Weld County Board of County Commissioners adopt the GBFPD Fire Code as presented. Of course,
should the Weld County Commissioners opt to adopt its own fire code, GBFPD and the Weld County
residents it serves, would be subject to the county's fire code requirements just like any other fire
protection district within Weld County, regardless of any approval granted to GBFPD at this time.
We would appreciate the courtesy of a reply by no later than June 6, 2016 as to whether the Board will
proceed with adopting the GBFPD Fire Code until such time as it takes further action on a Weld County
fire code. If the Board of County Commissioners chooses to continue to single out GBFPD for refusal to
adopt its Fire Code, the District will have no choice but to consider its legal options given the different
treatment to which its citizens are being subjected. Thank you.
Sincerely,
Cc: Bruce Barker, Esq.
Michelle B. Ferguson
2399887.3
IRELAND STAPLETON PRYOR & PASCOE,PC
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