HomeMy WebLinkAbout20142192.tiff RESOLUTION
RE: CONSENT TO THE ENFORCEMENT OF THE 2012 INTERNATIONAL FIRE CODE,
WITH AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD
COUNTY LYING WITHIN THE MILLIKEN 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 Milliken 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
Milliken 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 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
Milliken Fire Protection District.
BE IT FURTHER RESOLVED that any further amendments to the 2012 International
Fire Code by the Milliken 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.
CG: cA (08)
I-le
2014-2192
SD0065
CONSENT TO ENFORCEMENT OF THE 2012 INTERNATIONAL FIRE CODE, WITH
AMENDMENTS, WITHIN CERTAIN AREAS OF UNINCORPORATED WELD COUNTY LYING
WITHIN THE MILLIKEN 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 July, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: LL � 'ei oQtsvl cXaJ—
� 'K o 4s Rademacher, hair
Weld County Clerk to the Board a
daalt—
EL S rbara Kirkmeyer, ro-Tem
BY.
,
De• 6 Clerk to he Bo uo r• • �� XCUSED
361 1� 4O)= Sean P. Conway
APP' .;' - e • FORPLc
�� ®un~ Mik�F
unt Attorney
-
Wi iam F. Garcia
Date of signature: 7/3/
2014-2192
SD0065
FIRE CODE
RESOLUTION 13 ' S
MILLIKEN FIRE PROTECTION DISTRICT
A RESOLUTION OF THE BOARD OF DIRECTORS 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 Milliken Fire Protection District deems it necessary to adopt
the following code 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;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
and by counties in which territories of the District are located 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 referenced International Fire Code
Standards.
The International Fire Code 2012 Edition, issued and published by the International Code Council,4501
West Flossmoor Road,Country Club Hills IL 60478-5795, including appendices B,C,D,H, I and J,is
hereby adopted by reference as the fire code of the District. The purpose of the fire code is to provide
minimum standards to safeguard life and limb,health,property and public welfare by regulating fire and
explosion hazards arising from the storage,handling and use of hazardous substances,materials and
devices,and from conditions hazardous to life or property in the occupancy of buildings and premises;
and to provide for the issuance of permits and collection of fees therefore. At least one copy of the
International Fire Code,2012 Edition,shall be on file in the office of the fire department,and may be
inspected during regular business hours.
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 Board 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 Milliken Fire Protection District.
2014-2192
SECTION II Definitions
Wherever the word"District" is used,it shall mean the Milliken 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 Milliken Fire Protection District as it 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 Milliken 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 Milliken Fire
Protection District.
Where the term"Board of Appeals" is used,it shall refer to the District's Board of to the boards
established by the applicable municipalities or counties,if any.
Where other Codes are referenced, is shall mean the currently adopted codes by either the Town of
Milliken or Weld County.
Where NFPA standards are referenced, it shall mean the most recent edition of such standard,except
for the National Electric Code which shall be the edition as adopted by either the Town of Milliken or
Weld County.
SECTION III:Amendments made in and to the 2012 International Fire Code.
The 2012 International Fire Code is amended and changed in the following respects:
Section 101.1 amended—Title
Insert Milliken Fire Protection District
Section 105.6 amended—Operational Permits
The International Fire Code is amended by deletion of Sections 105.6.11, 105.6.15, 105.6.17,
105.6.29, 105.6.35, 105.6.38, 105.6.46 as published.
Section 108 amended—Board of Appeals.
Section 108 of the International Fire Code is amended by deletion of Section 108 as published
and adoption of the following:
108.1 Board of Appeals established.The board of appeals is established and governed as the
Milliken Fire Protection District Board of Directors.
Section 109.1 amended—Unlawful Acts.
Section 109.1 of the International Fire Code is amended by addition of the following:
109.1.1 Unlawful parking. Vehicles parked in fire apparatus access roads marked in accordance with
Appendix D Section 103.6 shall be in violation of the municipal code and model traffic code of the town
where located.
Section 109.4 amended—Violation Penalties
Section 109.4 of the International Fire Code is amended by deletion of Section 109.4 as
published and adoption of the following:
Section 109.4Violation penalties.
Any person, partnership or corporation who violates this chapter or fails to obey it,or
who violates or fails to obey any order made under it,or who builds in violation of any detail statement
or specifications or plans submitted and approved under it,or builds in violation of any certificate or
permit issued under it,commits a separate offense for each day or part of a day the violation exists.
Offenses are punishable according to Colorado law. Imposition of one penalty for any violation shall not
excuse the violation, nor permit it to continue;and all such persons shall correct or remedy such
violations or defect within a reasonable time.
Section 308.1 amended—Open Flames
Section 308.1 of the International Fire Code is amended in part, by the addition of the following:
308.1.1 Open Flame Sky Lanterns.
The lighting of,and the release of,Sky Lanterns shall be prohibited.
Section 403.2 amended—Public Safety Plan
Section 403.2 of the International Fire Code is amended by deletion of Section 403.2 as
published and adoption of the following:
403.2 Public Safety Plan. In all occupancies,where the code official determines that an indoor
or outdoor gathering of persons has a potential adverse impact on public safety through diminished
access to buildings,structures,fire hydrants and fire apparatus roads,or where such gatherings
adversely affect public safety services of any kind,the code official shall have the authority to order the
development of,or prescribe a plan for,the provision of an approved level of public safety.
Section 503.2,3 amended—Surface
Section 503.2.3 if the International Fire Code is amended as published and adoption of the
following:
Section 503.2.3 Surface. The full width of fire apparatus access roads shall be constructed with
at least the first lift of an approved type of paving material in place and meet all of the construction
requirements of the local Design Standards and Construction Specifications.
Section 503.2.5 amended—Dead Ends
Section 503.2.5 of the international Fire Code is amended in part, by the addition of the
following:
Dead end roads in excess of 1,000 feet are not allowed.
Section 507.3 amended—Fire Flow
Section 507.3 of the International Fire Code is amended by deletion of Section 507.3 as
published and adoption of the following:
507.3 Fire Flow. Fire flow requirements for buildings or portions of buildings and facilities shall
be determined in accordance with Appendix B.
Section 510.1.1 addition—Where required.
Section 510.1.1 of the International Fire Code is amended by addition of the following:
510.1.1 Where required.Where adequate radio coverage cannot be established within a
building,as defined by the fire code official,public safety radio amplification systems shall be installed in
the following locations:
1. New buildings with a total building area greater than 50,000 square feet. For the purpose of
this section,fire walls shall not be used to define separate buildings.
2.All new basements larger than 10,000 square feet
3. Existing buildings meeting the criteria of item 1 or 2 of this section undergoing alterations or
additions exceeding 50%of the existing aggregate area of the building as of the date of this
ordinance.
Exceptions:
1. One and two-family dwellings and townhouses
2. If approved by the fire code official, buildings that provide a documented engineering
analysis indicating the building is in compliance with radio reception levels in accordance
with Section 510.4.1 and final fire department testing.
Section 903.2.8 amended—Group R
Section 903.2.8 of the International Fire Code is amended by adding the following:
This section shall apply only to those areas not already exempted by ordinance or resolution by
the Town of Milliken and/or Weld County.
Section 907.1.3 amended—Equipment
Section 907.1.3 of the International Fire Code is amended by deletion of 907.1.3 as published
and the adoption of the following:
907.1.3 Equipment.Systems and components shall be listed and approved for the purpose
which they are installed. Only addressable fire alarm panels will be approved.
Exception: Fire alarm panels that can transmit individual specific initiating device information.
Section 907.1.3.1 Combination fire and security panels. A fire alarm system shall not be used for
any purpose other than fire protection or control of fire protection systems. Combination fire and
security panels are not permitted.
Section 908.7 amended—Carbon Monoxide Detection Systems.
Section 908.7 of the International Fire Code is amended by the addition of the following:
Whenever a residential occupancy that has a fuel-fired appliance or attached garage has interior
work performed that requires a permit,or whenever a residential property changes ownership or
tenancy,a carbon monoxide detector shall be installed within 15 feet of any sleeping areas;those
detectors may be battery operated,hard wired,or cord and plug type.
Section 5003.3.1 amended—Unauthorized discharges
Section 5003.3.1 of the International Fire Code is amended by deletion of Section 5003.3.1 as
published and adoption of the following:
5003.3.1 Unauthorized discharges. The owner or person in possession or control of any
property or the person in possession or control of any hazardous materials shall immediately notify the
fire department when any unauthorized discharge of hazardous materials occurs. The following
procedures are required in accordance with Sections 5003.3.1.1 through 5003.3.1.4.
Section 5704.2.9.6.1 amended—Locations where above-ground tanks outside of buildings are
prohibited
Section 5704.2.9.6.1 of the International Fire Code is amended by deletion of Section
5704.2.9.6.1 as published and adopting the following:
Section 5704.2.9.6.1 Locations where above-ground tanks area prohibited. Storage of Class I
and Class II liquids in above-ground tanks outside of buildings is prohibited within the limits established
as follows:
1. As addressed by any ordinance or zoning regulation adopted by the Town of Milliken.
2. Any area within unincorporated parts of Weld County within the Fire District which are not
zoned industrial districts or agricultural as defined by the Weld County zoning ordinance.
Section 5706.2.4.4 amended—Locations where above-ground tanks are prohibited
Section 5706.2.4.4 of the international Fire Code is amended by deletion of Section 5706.2.4.4
as published and adoption of the following:
Section 5706.2.4.4 Location where above-ground tanks area prohibited. The storage of Class I
and Class II liquids in above-ground tanks is prohibited within the limits established as follows:
1. As address by any ordinance or zoning regulation adopted by the Town of Milliken.
2. Any area within unincorporated Weld County within the Fire District which are not zoned
industrial districts or agricultural as defined by the Weld County zoning ordinance.
Section 5806.2 amended—Limitations
Section 5806.2 of the International Fire Code is amended by deletion of Section 5806.2 as
published and adoption of the following:
Section 5806.2 Limitation. Storage of flammable cryogenic fluids in stationary containers
outside of buildings is prohibited within the limits established as follows:
1. As addressed by any ordinance or zoning regulation adopted by the Town of Milliken.
2. Any area within unincorporated Weld County within the Fire District which are not zoned
industrial districts or agricultural as defined by the Weld County zoning ordinance.
Section 6104.2 amended—Maximum capacity within established limits.
Section 6104.2 of the International Fire Code is amended by deletion of Section 6104.2 as
published and adoption of the following:
Section 6104.2 Maximum capacity within established limits. Within the limits established by law
restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested
areas,the aggregate capacity of any one installation shall not exceed the following limits:
1. As addressed by any ordinance or zoning regulation adopted by the Town of Milliken
2. As addressed by any ordinance or zoning regulation adopted by Weld County.
Exception:
These provisions shall not be interpreted so as to conflict with the provision of Colorado
Revised Statutes Title 8,Article 20 or Title 34 as amended
SECTION IV:Enforcement and appeals of the 2012 International Fire Code
Notwithstanding any conflict with the provisions of this Resolution or any requirements found in the
2012 International Fire Code or International Fire Code Standards referenced in this Resolution,the
Chief shall enforce the International Fire Code and shall inspect or cause to be inspected all buildings,
structures,property,premises,and public places,except for the interior of any private dwelling,in
accordance with the procedures set forth in§32-1-1002 (3),C.R.S.All inspections shall be recorded in an
inspection report.
A"Notice of Violation or Hazard" may be issued by the Chief or his/her designee concerning violations
or hazards which are not corrected on-site during an inspection. Said Notice shall be signed by the
inspector and contain,as a minimum,the following information.
A. Date of inspection;
B. Name/address of premises inspected;
C. Name of inspector;
D. Nature of violations, including specific reference to section/subsections of code;
E. Date of compliance/re-Inspection;
F. Suggested methods of correction,if applicable;
G. Right to appeal to Board
H. Consequences of failure to correct the violation.
An"Order for Immediate Correction of Hazard: may be issued by the Chief:
A. For failure to correct a violation or hazard within the time specified in a previously issued
Notice of Violation or hazard;or
B. For violating the code or state statute and said violation renders the building,structure or
premises especially liable to fire or is hazardous to the safety of the occupants thereof,or
which is so situated as to endanger other property as set forth in§32-1-1002(3)(c),
whether or not a Notice has been previously issued.
An Order shall be signed by the Chief of his/her designee and shall contain,as a minimum,the following
information:
A. Date of issuance;
B. Name/address of premises inspected;
C. Nature of violation or hazard
D. Time limit for correction;
E. Right to appeal,if any,to the Board;
F. Right of appeal to District Court and time limit;
G. Penalties for violation of order;
H. Signature of Chief or his/her designee;
I. Acknowledgement of receipt signed by owner,lessee,agent or other responsible person.
An appeal of a Notice of Violation or Hazard may be made to the Board by delivery to the Chief in
writing a notice of appeal within five(5)days of the issuance of the Notice of Violation or Hazard. The
appeal shall be heard at the next regular meeting or special meeting called for that purpose. The Board
may affirm,rescind,or modify the Notice and may enter into such enforcement agreements as it deems
proper.
An appeal of an Order for Immediate Correction of Hazard may be made to the Board only if no previous
appeal has been made of a previously issued Notice of Violation or Hazard concerning the same
violation of hazard. An appeal of an Order must be in writing and filed with the Board within three(3)
days of issuance of the Order.
The Board shall hear all such appeals and application for relief and render its decision thereon in
accordance with its bylaws, rules and regulations.
In the event no appeal is made to the Board pursuant to this code and resolution or to the court
pursuant to§32-1-1002(3),C.R.S.,and compliance with the Order and/or correction of the hazard has
not occurred,the Board may, upon recommendation by the Chief or upon its own motion,refer the
matter to the district attorney of the county in which the violation occurs.
An appeal shall suspend the time limits for compliance or correction of a fire hazard or hazards,until the
appeal is resolved for appeals of a Notice of Hazard which is issued pursuant to the terms contained
herein. An appeal shall not suspend the time limit for compliance or correction of life safety deficiencies
or violations. An appeal of an Order issued pursuant to the terms contained herein shall not suspend
the time limits for compliance or correction,and compliance or correction shall be made or rendered
forthwith,unless the Order is suspended by the Board.
SECTION V:Effective Date:
This resolution shall take effect and be enforced within the 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.
Adopted this / Z day of Dec s w+7cr 2013
MILLIKEN FIRE PROTECTION DISTRICT
By
President of the Board
ATTEST:
By ($.”71, /� 1 v- „ ,, �,
Sretary ry of(tthhe, rd^"
Board
AFFIDAVIT OF PUBLICATION _
THE JOHNSTOWN BREEZE •
STATE OF COLORADO
• )ss
COUNTY OF WELD
1,Matt Lubich or Lesli Banger[,do solemnly swear that I am publisher of The Johnstown Breeze;that the same is
a weekly newspaper printed,in whole or in part,and published in the County of Weld,State of Colorado,and has a general
circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Weld for a
period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement;
that said newspaper has been admitted to the United States mails as a second-class matter under the provisions of the Act
•
of March 3, 1879,or any amendments thereof and that said newspaper is a weekly newspaper duly qualified for publishing
legal notices and advertisements within the meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was published in the regular and entire issue of every number of
said weekly newspaper for the period of ;2'En C consecutive insertions,and that the first publication of said
was w in the issue of said newspaper dated • a , .S A.D.20 l,and that the last publication of
said notice was in the issue of the said newspaper dated 1 '.j / y A.D.20 I J .
In witness whereof I have hereunto set my hand this Y `/'t 'n day of oe- C • ,A.D. 20 I
Publisher
Subscribed and sworn to before me,a Notary Public in and for the Cgunty of Weld,State of Colorado,this
day I1 of C)P;'_e;4/i"."; ,AD. 20 /.> .
—
Notary Public•
tr.JLt
My commission expires •� .. _ = s j .
\NIB Po
ER CF9 \)
'• DOR9N
M ' p C
of r m� 4y .QM� mm m 0 #a'< LO Um mm L€_ m I
No OOw mm ° m m . mo 1! 8a 21 *mN ggmo'c oU C O E Sc -oE c t E o m Z a -= `o a w , m m °>° o€w
L t0 CM f<U u30.0xa m O' CW Ec N0QNT mcomn C E- .E ^M
E `mom °m u°y�a e00 Sc m ^cm cm €Zt afnoo m na.°°' _j
w ! gv m mm mi�+ Sm ymtpA m roc cm c ° Sm¢� E ampyn°°°°
0 > > C m O o U U' G L m ' O' 'O O A m ' .7 U
00 m vNi O� O m -00F,C0' JJ a nn� c ® 1U m°E' ogo E sc_il
R �am 0yyy o mm '' �imm-&o_�g c . 0. a® ea 28 Nam 38i wag aEc
y�y�+ m -Gy y1LJ TLN .7 C N .. 0bpN0U mC r d b�.d
E ': Om1nwO ~N O-d< TO .. ` ° e Q 8$'m 0CWm9N'y OOAP- ° 8 8.52 NC
n 'i cE m €< &opk m mLL N E M0e0 E€ c$ dovU '0m' € m $8m
= .8•E° bd�� E tr. 2Fw o >EaW -' v Om ° S °` Ez -gE„� Elal'tSN'6m
E-i CW 3 mN J-w U<-> m L O T O LJO L_ NC am E L
• E m W O Z N N a uWuJ< t Z r c O C N m Tn 0 O C T T E O O. J mm m P O
m lroNLc --$' o-a mpm CRUZ
Dg�Emm*p� i-vl—•� o�n�.4=oA° E '? F� cmaq
mm_mO Om b' WCImCSfm26W WW m0a2 UC�jN L m_ 0LM
USUa -, Q. CRU_ amC <U• MC $ 8 0€€ E o?u(n5 15am8.
4.6M86° 0 00 0030S _t
-J m W i 6 Z Y n- c IL a s >>?a>al- LL a> 0_0_ a<0
`�--m a-- m m m 3
dNCmCi N€ n NM W mU MOWv a
2 O^ 0 rn m 0 m e=
m E E 9
Eli vi2cmE ON F.O cC E3 n3
ih p
; w.CmL@ ° `0 W x0 W WO�wo
Cp2.2 L0,d8 .ccE U . E a °'W82 m$ oN8mem888m`8�m8g4-ERSvmim'o
e bo a E $
U'-.--' 82E s 0 m x�Q M .> m m o m o n
m ; b ONp r =me; OW0�- CN goONNQM'MN j-CO OmNmocrQ
�cc , Cllm Io �O W cv.Nq NOm N NO••-O•QN WN m N QN•DMm
� 3.2C6m1m cN ; UOYC Om0N N
`V33n>''8' v 2Ny 2 ® b-4= a2Em
tV> L-CWo > SI- trim < €0
S s m o 6 @'3 E J g E ;m_ b SE
LO{gsSm8 a ? WUSG ov `o
ethaoom,dcrnrn y N Y a
W 0a : E — Etc . < x m
UE: N U m A E ° m m z g N O m _
o02-2 c m3L V
imy2-02_°„02 — 0 r I E c
. . 6°00.2 0 0 0 N W O
CAT, .C122"iirl- Mgg o ;B c2�8 m mp ap o , rr o g Q = o6 m < b age m
_ ac0rnmml°n c 2I0. NCC `C t 2 0 02 N j8 yro-A p!
Q�a ) 000x0 WLmoc $'w £ E E 'cm _ a 8 04Ex c E a.
aQ- 4 m m _ C 4 m o <
��•, m.-yaV W("V m E C d t M LL m m ti m y u >,C E a€ F re y
fir' DONm1LLCN0�E1 z >LL aR O 2 ap. >€ cUC7 if eE° m
b tZ',1 O 0 C N w C N' m " E m_ClU O. Nm<mm I
W n O y Y N m n> j Z LL r� g W 0��' Y n E O LL
.4 bnmmE0181p w m m'8. r b Y- g'gWwEoWmE18a En.,.°a
f`o .-EL,ov- mc O?� `m t O r AtiRc''b'i'= 2 ,mwmotwwrscc m
c� - m0, WJr E' `-'r 2 r wZr cm-L mmmam rwmccc< �
comm 0E gt ° rJU�€ n ct.. ._ 6 ° PmWcc °; a.4
n L., m >mN ngEJ <— m cE wiLEaoEW ggttcmnmamm oE<v
O.,r ma<mm 'am coil am WLLILL Ii(7(7 f7xx—_ YJJ��E ��ZZ:
•
8 m w 4. C§g >ge N ❑ T. °i L E O N F ❑ zz ❑J -.J ❑❑❑ J ❑
am+❑ `mcm< ❑ < "amm a aPLLS <LL LLLLa<aQLLa ;
aW C O M€ n N C Z N r m a -7.1 W
T ' 0 °Cm O m W �iLL Oia ❑
E€'mm°.:AEr U m 80 cE.'Ew
g' a °?+�v w c c m0 6.0 M
t 0 O N v=b O r 0 O gb 3 C n
8.E 2I-tW 0 o n wW mc2: 2
no'c
€@cmmOm-� a a o Ox ®a'i'm t0N mNNOpppnNOmoobt
Bm,MmmmBm.-I�OOtOQQtyO)'04
m❑., l QU °O€ H Oia[[pp 1A 1�l�bh Nl�ppOmv1Q0'I-ZNc
DO -Mmmm w m 0 OJ 0m�wti Z PQmvJ'ON OHO O'v1Nm m(p
C�-L..Q8t9 2 A 'cM WM LL _O ❑ N m.v10Mu710•-m ,-r- <N'°1�(
OOfg0 2 . Z t 0S LLa 0�L`NO 3 M NN NN JNm �m
o E Omcp WU w m oh 0 ;Pg.; < .
mBmo Uii:. y0 Yrm ti ' W pa'p cQ �TWy
�'mm_ mc o-c=` �U 3`, dE BnEoa YJ ,
O ag m N 24
mu_
m m m m LLO
i M. m O.C C'� m > Q'%pp cEgaze Zs?oZs r
O Z T N 0 0 Om U 0 C O m m 0 0n N O E m t)
6 a N 8-m N 9 m A L g O m n
N r_I W'aEo3 cmmEbW 0U0 r u
a -WC M2C-c a°£cc,c Z o t¢ • m
Cq K.N'�LL S0co.-❑€ctmyfic00- a 3c'bCop.
3 yEJ7w wo- °pomE m.5 `o H8—m cm acU °- E >w
p0 Y0J'•[0 U >;s2o ° FL..0Mar. "' bc0 UN N T c ' I
m OzU z0voacav@° av�mv—$c L DN n2c o 'o 0
•
Ow`C 0- `uE LLRE 8'2500= < mm n cs' °c cU AE •
as4 QloEm OULL� 0'm mvi acE ° E1m0c Z wGc}c°,)'--_�oj 2o080_ t �i
�"� 00 ma.-ccncEcWc._ ,Q b$0` ¢ asm v °->x wmt— t C
8W. WB mmm > Eev"—tcWma O bF-mm,'�T 0.4 Aoco_ va -,n o
C at YYr'm SE<amm@ c ❑ o< O=cc kxU,svvEzf,<`0'u
`� ��H=' �m�mm�ci' `°ccxom w Yrm$ 3EE aN c Y-4:1
^ wm0'2Sa m � € mUma€ > ««<Z«<MMUUVUUUUUC
1
ORDINANCE NO. 692
AN ORDINANCE AMENDING CHAPTER 18 OF THE MILLIKEN MUNICIPAL CODE
AND ADOPTING BY REFERENCE THE INTERNATIONAL FIRE CODE, 2012
EDITION, AND THE REFERENCED INTERNATIONAL FIRE CODE STANDARDS
PROMULGATED BY THE INTERNATIONAL CODE COUNCIL 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 Milliken Town Board finds that updates to the Milliken Municipal Code
are necessary and required in the interest of the health, safety and welfare of the people; and
WHEREAS,Milliken's current Fire Code for buildings is out of date; and
WHEREAS,pursuant to Section 1-1-40 of the Milliken Municipal Code,the Town Board
is authorized to adopt other codes by reference as allowed under state law; and
WHEREAS, The Board of Directors of the Milliken Fire Protection District deems it
necessary to adopt the following code 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; 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 is pursuing adoption by municipalities within the
limits of the District and by counties in which territories of the District are located to adopt the
same codes for the purpose of ensuring equitable protection of all of the inhabitants of the District;
and
WHEREAS,the Milliken Town Board wishes to update its Municipal Code and adopt by
reference the International Fire Code (2012 Edition) and the referenced International Fire Code
Standards Promulgated by the International Code Council, Inc, 4051 West Flossmoor Road,
Country Club Hills, Illinois 60478-5795, with specified amendments to each, as recommended by
the Milliken Fire Protection District.
NOW,THERFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF MILLIKEN, COLORADO THAT:
I
Section 1. Chapter 18, Article VI, Section 18-6-10(a) of the Milliken Municipal Code is
hereby repealed in its entirety and reenacted to read as follows:
Sec. 18-6-10 Adoption.
(a) Pursuant to Title 31, Article 16, Part 2, C.R.S.there is adopted as the building code of
the Town,by reference thereto,The International Fire Code, 2012 Edition, issued and
published by the International Code Council, 4501 West Flossmoor Road, Country
Club Hills IL 60478-5795,including appendices B, C, D,H, I and J, is hereby adopted
by reference as the fire code of the District. The purpose of the fire code is to provide
minimum standards to safeguard life and limb, health, property and public welfare by
regulating fire and explosion hazards arising from the storage, handling and use of
hazardous substances, materials and devices, and from conditions hazardous to life or
property in the occupancy of buildings and premises; and to provide for the issuance
of permits and collection of fees therefore. At least one copy of the International Fire
Code, 2012 Edition, shall be on file in the office of the fire department, and may be
inspected during regular business hours.
(b) This Code shall be in effect within the territorial limits of the Milliken Fire Protection
District.
Section 2. Chapter 18, Article VI, Section 18-6-20 of the Milliken Municipal Code is hereby
repealed in its entirety and reenacted to read as follows:
Sec. 18-6-20. Copy on file.
At least one (1) copy of the International Fire Code, 2012 Edition certified to be a true copy, and
any supplements thereto, shall be on file in the office of the Town Clerk and may be inspected by
an interested person between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday,
holidays excepted.The code as finally adopted shall be available for sale to the public through the
office of the Town Clerk at a moderate price.
Section 3. Chapter 18, Article VI, Section 18-6-30 of the Milliken Municipal Code is hereby
repealed in its entirety and reenacted to read as follows:
Section 18-6-30. Amendments.
The International Fire Code 2012 edition, adopted herein is hereby modified by the
following amendments:
(I) Section 202 General Definitions
Where the term "Board" is used, it shall be held to mean the Board of Directors of the Milliken
Fire Protection District.
Where the term"Board of Appeals" is used, it shall refer to the District's Board or to the boards
established by the applicable municipalities or counties, if any.
2
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 "Chief' or "Chief of the Bureau of Fire Prevention" is used, it shall be held to
mean the Chief of the Milliken Fire Protection District,or a designated member of the District.
Wherever the word "District"is used, it shall mean the Milliken 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 Milliken Fire Protection District as it now or may hereafter exist.
Where other Codes are referenced, is shall mean the currently adopted codes by either the Town
of Milliken or Weld County.
Where NFPA standards are referenced, it shall mean the most recent edition of such standard,
except for the National Electric Code which shall be the edition as adopted by either the Town of
Milliken or Weld County.
(2) Section 101.1 amended—Title
IFC Section 101.1 (Title) is amended by the addition of the term "Milliken Fire Protection
District" where indicated.
(3) Section 105.6 amended- Operational Permits. The International Fire Code is amended by
deletion of Sections 105.6.11, 105.6.15, 105.6.17, 105.6.29, 105.6.35, 105.6.38, 105.6.46 as
published.
(4) Section 108 amended—Board of Appeals. Section 108 of the International Fire Code is
amended by deletion of Section 108.1 as published and adoption of the following:
108.1 Board of Appeals established. The board of appeals is established and governed as
the Milliken Fire Protection District Board of Directors.
(5) Section 109.1 amended - Unlawful Acts. Section 109.1 of the International Fire Code is
amended by addition of the following:
109.1.1 Unlawful parking. Vehicles parked in fire apparatus access roads marked in accordance
with Appendix D Section 103.6 shall be in violation of the municipal code and model traffic code
of the town where located.
(6) Section 109.4 amended— Violation Penalties. Section 109.4 of the International Fire Code is
amended by deletion of Section 109.4 as published and by adoption of the following:
Section 109.4 Violation penalties.
Any person,partnership or corporation who violates this chapter or fails to obey it,
or who violates or fails to obey any order made under it, or who builds in violation of any detail
statement or specifications or plans submitted and approved under it,or builds in violation of any
certificate or permit issued under it, commits a separate offense for each day or part of a day the
3
violation exists. Offenses are punishable according to Colorado law and the Milliken Municipal
Code. Imposition of one penalty for any violation shall not excuse the violation, nor permit it to
continue;and all such persons shall correct or remedy such violations or defect within a reasonable
time.
(7) Chapter 1 of the International Fire Code is amended by the addition of a new Section 114 to
read as follows:
SECTION 114: Enforcement and appeals of the 2012 International Fire Code
The Chief shall enforce the provisions of this Article and the International Fire Code and shall
inspect or cause to be inspected all buildings, structures, property, premises, and public places,
except for the interior of any private dwelling,in accordance with the procedures set forth in §32-
1-1002(3), C.R.S. All inspections shall be recorded in an inspection report.
A "Notice of Violation or Hazard" may be issued by the Chief or his/her designee concerning
violations or hazards which are not corrected on-site during an inspection. Said Notice shall be
signed by the inspector and contain, as a minimum, the following information.
A. Date of inspection;
B. Name/address of premises inspected;
C. Name of inspector;
D. Nature of violations, including specific reference to section/subsections of code;
E. Date of compliance/re-inspection;
F. Suggested methods of correction, if applicable;
G. Right to appeal to Board
H. Consequences of failure to correct the violation.
An"Order for Immediate Correction of Hazard"may be issued by the Chief:
A. For failure to correct a violation or hazard within the time specified in a previously
issued Notice of Violation or hazard; or
B. For violating the code or state statute where said violation renders the building,
structure or premises especially liable to fire or is hazardous to the safety of the
occupants thereof, or which is so situated as to endanger other property as set forth in
§ 32-1-1002 (3)(c), whether or not a Notice has been previously issued.
An Order shall be signed by the Chief of his/her designee and shall contain, as a minimum, the
following information:
A. Date of issuance;
B. Name/address of premises inspected;
C. Nature of violation or hazard
D. Time limit for correction;
E. Right to appeal, if any, to the Board;
F. Right of appeal to Court and time limit;
G. Penalties for violation of order;
4
H. Signature of Chief or his/her designee;
I. Acknowledgement of receipt signed by owner, lessee, agent or other responsible
person.
An appeal of a Notice of Violation or Hazard may be made to the Board by delivery to the Chief
in writing a notice of appeal within five (5) days of the issuance of the Notice of Violation or
Hazard. The appeal shall be heard at the next regular meeting or special meeting called for that
purpose. The Board may affirm, rescind, or modify the Notice and may enter into such
enforcement agreements as it deems proper.
An appeal of an Order for Immediate Correction of Hazard may be made to the Board only if no
previous appeal has been made of a previously issued Notice of Violation or Hazard concerning
the same violation of hazard. An appeal of an Order must be in writing and filed with the Board
within three(3)days of issuance of the Order.
The Board shall hear all such appeals and application for relief and render its decision thereon in
accordance with its bylaws,rules and regulations.
In the event no appeal is made to the Board pursuant to this code or to the court pursuant to § 32-
1-1002(3),C.R.S., and compliance with the Order and/or correction of the hazard has not occurred,
the Board may,upon recommendation by the Chief or upon its own motion,refer the matter to the
Town Attorney for prosecution and enforcement.
An appeal shall suspend the time limits for compliance or correction of a fire hazard or hazards,
until the appeal is resolved for appeals of a Notice of Hazard which is issued pursuant to the terms
contained herein. An appeal shall not suspend the time limit for compliance or correction of life
safety deficiencies or violations. An appeal of an Order issued pursuant to the terms contained
herein shall not suspend the lime limits for compliance or correction,and compliance or correction
shall be made or rendered forthwith, unless the Order is suspended by the Board.
(8) Section 308 amended — Open Flames. Section 308.1.1 of the International Fire Code is
amended in part, by the addition of the following language:
The lighting of, and the release of, Sky Lanterns shall be prohibited.
(9) Section 403.2 amended - Public Safety Plan. Section 403.2 of the International Fire Code is
amended by deletion of Section 403.2 as published and by adoption of the following:
403.2 Public Safety Plan. In all occupancies, where the fire code official determines that
an indoor or outdoor gathering of persons has a potential adverse impact on public safety through
diminished access to buildings, structures, fire hydrants and fire apparatus roads, or where such
gatherings adversely affect public safety services of any kind, the fire code official shall have the
authority to order the development of, or prescribe a plan for, the provision of an approved level
of public safety.
(10) Section 503.2.3 amended — Surface. Section 503.2.3 of the International Fire Code is
amended by deletion of Section 503.2.3 as published and by adoption of the following:
5
Section 503.2.3 Surface. The full width of fire apparatus access roads shall be constructed
with at least the first lift of an approved type of paving material in place and meet all of the
construction requirements of the local Design Standards and Construction Specifications.
(11) Section 503.2.5 amended — Dead Ends. Section 503.2.5 of the International Fire Code is
amended in part,by the addition of the following language:
Dead end roads in excess of 1,000 feet are not allowed.
(12) Section 507.3 amended—Fire Flow. Section 507.3 of the International Fire Code is amended
by deletion of Section 507.3 as published and adoption of the following:
507.3 Fire Flow. Fire flow requirements for buildings or portions of buildings and facilities
shall be determined in accordance with Appendix B.
(13) Section 510.1. amended — Emergency responder radio coverage in new buildings. Section
510.1 of the International Fire Code is amended by addition of the following Section 510.1.1 to
read as follows:
510.1.1 Where required. Where adequate radio coverage cannot be established within a
building, as defined by the fire code official, public safety radio amplification systems shall be
installed in the following locations:
1.New buildings with a total building area greater than 50,000 square feet. For the purpose
of this section, fire walls shall not be used to define separate buildings.
2. All new basements larger than 10,000 square feet
3. Existing buildings meeting the criteria of item 1 or 2 of this section undergoing
alterations or additions exceeding 50% of the existing aggregate area of the building as of
the date of this ordinance.
Exceptions:
1. One and two-family dwellings and townhouses
2. If approved by the fire code official, buildings that provide a documented engineering
analysis indicating the building is in compliance with radio reception levels in
accordance with Section 510.4.1 and final fire department testing.
(14) Section 903.2.8 amended Group R. Section 903.2.8 of the International Fire Code is
amended by addition of the following language:
This section shall apply only to those areas not already exempted by ordinance or resolution
by the Town of Milliken and/or Weld County.
(15) Section 907.1.3 amended— Equipment. Section 907.1.3 of the International Fire
Code is amended by deletion of 907.1.3 as published and adoption of the following:
907.1.3 Equipment. Systems and components shall be listed and approved for the purpose
which they are installed. Only addressable fire alarm panels will be approved.
6
Exception: Fire alarm panels that can transmit individual specific initiating device
information.
Section 907.1.3.1 Combination fire and security panels. A fire alarm system shall not be
used for any purpose other than fire protection or control of fire protection systems. Combination
fire and security panels are not permitted.
(16) Section 908.7 amended — Carbon Monoxide Detection Systems. Section 908.7 of the
International Fire Code is amended by addition of the following language at the end of the first
paragraph:
Whenever a residential occupancy that has a fuel-fired appliance or attached garage has
interior work performed that requires a permit, or whenever a residential property changes
ownership or tenancy,a carbon monoxide detector shall be installed within 15 feet of any sleeping
areas;those detectors may be battery operated, hard wired, or cord and plug type.
(17) Section 5003.3.1 amended — Unauthorized discharges. Section 5003.3.1 of the
International Fire Code is amended by deletion of Section 5003.3.1 as published and adoption of
the following:
5003.3.1 Unauthorized discharges. The owner or person in possession or control of any
property or the person in possession or control of any hazardous materials shall immediately notify
the fire department when any unauthorized discharge of hazardous materials occurs. The
following procedures are required in accordance with Sections 5003.3.1.1 through 5003.3.1.4.
(18) Section 5704.2.9.6.1 amended — Locations where above-ground tanks outside of buildings
are prohibited. Section 5704.2.9.6.1 of the International Fire Code is amended by deletion of
Section 5704.2.9.6.1 as published and adoption of the following:
Section 5704.2.9.6.1 Locations where above-ground tanks area prohibited. Storage of
Class I and Class II liquids in above-ground tanks outside of buildings is prohibited within the
limits established as follows:
1. As addressed by any ordinance or zoning regulation adopted by the Town of Milliken.
2. Any area within unincorporated parts of Weld County within the Fire District which
are not zoned industrial districts or agricultural as defined by the Weld County zoning
ordinance.
(19) Section 5706.2.4.4 amended — Locations where above-ground tanks are prohibited. Section
5706.2.4.4 of the international Fire Code is amended by deletion of Section 5706.2.4.4 as
published and adoption of the following:
Section 5706.2.4.4 Location where above-ground tanks area prohibited. The storage of
Class I and Class II liquids in above-ground tanks is prohibited within the limits established as
follows:
1. As addressed by any ordinance zoning
or zo g regulation adopted by the Town of Milliken.
7
2. Any area within unincorporated Weld County within the Fire District which are not
zoned industrial districts or agricultural as defined by the Weld County zoning
ordinance.
(20) Section 5806.2 amended -- Limitations. Section 5806.2 of the International Fire Code is
amended by deletion of Section 5806.2 as published and adoption of the following:
Section 5806.2 Limitation. Storage of flammable cryogenic fluids in stationary containers
outside of buildings is prohibited within the limits established as follows:
1. As addressed by any ordinance or zoning regulation adopted by the Town of Milliken.
2. Any area within unincorporated Weld County within the Fire District which are not
zoned industrial districts or agricultural as defined by the Weld County zoning
ordinance.
(21) Section 6104.2 amended—Maximum capacity within established limits. Section 6104.2
of the International Fire Code is amended by deletion of Section 6104.2 as published and adoption
of the following:
Section 6104.2 Maximum capacity within established limits. Within the limits established
by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or
congested areas, the aggregate capacity of any one installation shall not exceed the following
limits:
1. As addressed by any ordinance or zoning regulation adopted by the Town of Milliken
2. As addressed by any ordinance or zoning regulation adopted by Weld County.
Exception:
These provisions shall not be interpreted so as to conflict with the provisions of
Colorado Revised Statutes Title 8, Article 20 or Title 34 as amended. In the event of
any conflict, the more restrictive provision shall prevail.
Section 4. Chapter 18, Article VI, Section 18-6-40 of the Milliken Municipal Code shall remain
in effect as follows:
Sec. 18-6-40. Variance procedure for propane use.
(a)The owners of real property within the Town may process a petition for a variance to the Town's
restriction on the use of propane as the primary heating source within the Town in accordance with
the Town's established variance procedure.
(b) The following guidelines shall be used by the Board of Trustees to determine whether the
granting of this variance is appropriate:
(1) If the real estate owned by the applicant is less than one(1) acre in size, there must be
adequate spatial buffering. The distance to adjoining property lines and structures shall
not be less than fifty (50) feet. The tank shall be visibly buffered from the adjoining
properties by berming, landscaping and fencing or a combination of the three (3). The
8
cylinder itself should be placed on a permanent pad. The pad shall be at least four (4)
inches above the ground level.
(2)The uses of structures adjoining the property for which the variance is being requested
are not such that there would be an unreasonable danger to adjoining property owners.
Special considerations should be given to locations near public facilities and commercial
or industrial areas that use flammable or toxic products.
(3)The proximity of the building to a source of natural gas and the cost of connecting to
the source. An estimate of the cost of connection shall be documented by a credible bid.
(c) The Board of Trustees shall condition the grant of this variance upon a review of these
conditions not less than every five(5)years,at which time the Board of Trustees shall determine
whether the conditions set forth in Subsections (b) above are still applicable and are appropriate
for the continued use of propane.
(d)It is the intent of the Board of Trustees to reduce where possible the number of structures that
use propane as their primary heating source,recognizing,however,that under the foregoing terms
and conditions propane may be appropriate.
Section 5, That as provided in Milliken Municipal Code Section 2-2-100, requirements for
adoption of this Ordinance shall be deemed satisfied if the title of the proposed ordinance is read
and the entire text of the proposed ordinance or of any code which is to be adopted by reference is
submitted in writing to the Board of Trustees before adoption.
Adopted this /dtday of M-s i_tL , 2014
ATTESTED: TOWN OF MILLIKEN,COLORADO
To ark Mayor f
APPROVED AS TO FORM:
yd-
Town Attorney
9
Hello