ORDINANCE 2017-09 FIRE CODE ADOPTION


ORDINANCE NO. 2017-09

 

AN ORDINANCE AMENDING CHAPTER 18 OF THE KEENESBURG MUNICIPAL CODE REGARDING BUILDING REGULATIONS TO ADOPT BY REFERENCE THE 2012 INTERNATIONAL FIRE CODE.

 

            WHEREAS, international fire protection standards have been developed and from time to time amended and updated, as set forth in the International Fire Code; and

 

            WHEREAS, it is deemed to be in the interest of the public health, safety and general welfare to adopt by reference thereto said code with amendments tailored to accommodate particular circumstances and requirements of the Town; and

 

            WHEREAS, the Town Board of Trustees, after proper notice as required by law, has held a public hearing on this ordinance providing for the adoption of said code; and

 

            WHEREAS, the International Fire Code and amendments thereto have been submitted to the Board of Trustees in writing and the Board of Trustees has determined that the International Fire Code and amendments thereto should be adopted as herein set forth.

 

NOW, THEREFORE, BE IT ORDAINED by the Board OF TRUSTEES of the Town of Keenesburg, Colorado:

 

Section 1.        Chapter 18, Article II of the Keenesburg Municipal Code is hereby repealed and reenacted to read as follows:

 

ARTICLE II

 

Fire Code

 

Sec. 18-2-10.  Adoption.

 

Pursuant to Title 31, Article 16, Part 2, C.R.S., there is hereby adopted by reference the International Fire Code, 2012 Edition, published by the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL  60478, including all International Fire Code Appendix Chapters, for the purpose of establishing fire code standards for fire code enforcement relating to the provision of fire protection to the Town, as if fully set out in this ordinance with the additions, deletions, insertions and changes as set forth in this Article.

 

Sec. 18-2-20.  Enforcement.

 

The code and standards adopted herein shall be enforced by the Southeast Weld Fire Protection District, which shall serve as the Bureau of Fire Prevention for the Town.  Organizational structure and duties, if any, shall be as provided by the District’s bylaws.

 

Sec. 18-2-30.  Definitions.

 The following definitions are amended to have the following meanings:

 

“Administrator” means the Town Administrator of the Town of Keenesburg.

 

“Board” or “Board of Directors” means the Board of Directors of the Southeast Weld Fire Protection District.

 

“Bureau of Fire Prevention” means 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.

 

“Chief” or “Chief of the Bureau of Fire Prevention” means the Chief of the District, or a designated member of the District.

 

“District” means the Southeast Weld Fire Protection District.

 

“International Building Code” means the International Building Code as adopted, including any amendments, by the Town of Keenesburg.

 

“Jurisdiction” includes the territorial boundaries of the Town as they now or may hereafter exist.

 

“Town” means the Town of Keenesburg.

 

Sec. 18-2-40.  Amendments.

 

The 2012 International Fire Code is amended and changed in the following respects:

 

(1)       Section 101.1 is amended to read as follows:

 

101.1  Title.  These Regulations shall be known as the Fire Code of the Town of Keenesburg, hereinafter referred to as “this code.”

 

(2)       Section 105.6.30 is amended to read as follows:

 

105.6.30.  Open Burning.  An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to.

 

No such permit shall be required where burning is regulated pursuant to regulations promulgated under C.R.S. § 25-7-123, and regulated by the Weld County Health Department or the Town. This Section shall be interpreted to be consistent with the provisions of § 32-1-1002(3), C.R.S., and with any Town ordinance addressing open burning, now existing or hereinafter adopted.

 

(3)       Section 503.1.2 is amended to read as follows:

 

503.1.2  Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.

 

Additional access permit(s) for fire safety may be requested pursuant to the requirements and regulations of the Town.

 

(4)       Appendix A, Section A101.2 is amended by deleting the section in its entirety and replacing the section with the following:

 

A101.2 Membership. The membership 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.            

 

(5)       Additional amendments and modifications:

 

Fire suppression system. A single- or two-family residential dwelling, as defined in Chapter 16 of the Keenesburg Municipal Code, shall not be required to have a fire suppression system, if the above-grade portion of said home is less than 3,600 square feet in area.

 

Road construction and driveway maintenance. Single- and two- family dwellings, as defined in Chapter 16 of the Keenesburg Municipal Code, will not require unduly burdensome road construction or driveway maintenance.

 
 

Sec. 18-2-50.  Enforcement.

 

The Chief shall enforce this Code in accordance with the procedures set forth in this Code and C.R.S. § 32-1-1002(3).

 

Sec. 18-2-60.  Penalty for violation.

 

(a)       It shall be unlawful for any person, firm, corporation or other entity to violate any of the provisions of this Article.

 

(b)       Any person, firm corporation or other entity violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and each such person, firm, corporation or entity, upon conviction of any violation of this Article, shall be punished by a fine of not more than three hundred dollars ($300.00) or be imprisoned for not more than ninety (90) days or both such fine and imprisonment for each offense.

 

(c)       When a violation of any section of this Article or any part of the adopted code occurs and continues for more than one (1) day, each day or portion thereof such violation occurs or continues shall constitute a separate offense.     

           

Section 2.        If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance.  The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid.

 

Section 3.        All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

 

Section 4.        The repeal or modification of any provision of the Municipal Code of the Town of Keenesburg by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.

 

INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 17th day of July, 2017

 


 

TOWN OF KEENESBURG, COLORADO

 

 

________________________________

Danny Kipp, Mayor

 

 

ATTEST:

 

 

_________________________

Toni Pearl, Town Clerk