MILLIKEN FIRE PROTECTION DISTRICT
Proud, Prepared, Professional
Fire Code
MILLIKEN FIRE PROTECTION DISTRICT
A RESOLUTION OF THE MILLIKEN FIRE PROTECTION DISTRICT ADOPTING THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE, REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM 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 IN THE MILLIKEN FIRE PROTECTION DISTRICT; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; REPEALING RESOLUTION OF THE MILLIKEN FIRE PROTECTION DISTRICT ADOPTING THE UNIFORM FIRE CODE AND ALL OTHER RESOLUTIONS AND PARTS OF THE RESOLUTIONS IN CONFLICT THEREWITH.
The District Board of Directors of the Milliken Fire Protection District does ordain as follows:
Section 1: Adoption of the International Fire Code
That a certain document, 3 copies of which is on file in the office of the Department of Fire Prevention of the Milliken Fire Protection District, being marked and designated as the International Fire Code, 2003 edition, including Appendix Chapters A, B, C, D, E, F, G, as published by the International Code Council, be and is hereby adopted as the Fire Code of the Milliken Fire Protection District, in the State of Colorado regulating and governing the safeguarding of life and property from 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 as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the Milliken Fire Protection District are hereby referred to, adopted, and made a part hereof, as if fully set out in this resolution, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this resolution.
Section 2: Amendments Made in the International Fire Code
1. Section 101.1 amended - Title.
Section 101.1 of the International Fire Code is amended to read as follows:
These regulations shall be known as the Fire Code of the Milliken Fire Protection District, herein referred to as this code.
2. Section 109.3 amended - Violation Penalties
Section 109.3 of the International Fire Code is amended to read as follows:
Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or to do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than 300 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offence.
3. Section 111.4 amended - Failure to Comply.
Section 111.4 of the International Fire Code is amended to read as follows:
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than 50 dollars or more than 250 dollars.
4. Section 3301.1.3 amended - Fireworks
Section 3301.1.3 of the International Fire Code is amended to read as follows:
The sale, purchase, possession and use of permissible fireworks shall be in accordance with 2004 Colorado Revised Statues _12-28-101, et seq., as amended.
5. Section 3404.1.1 added - Storage Tanks.
Section 3404.1.1 of the International Fire Code is added to read as follows:
Section 3404.1.1 Storage Tanks
Storage tanks used for flammable and combustible liquids shall be no larger than allowed by Colorado Department of Labor and Employment, Oil Inspection Section, Storage Tank Regulations, 7 C.C.R. 1101-14.
6. Section 3406.3.1.3 amended - Buildings.
Section 3406.3.1.3 of the International Fire Code is amended to read as follows:
Wells shall not be drilled within 150 feet of buildings not necessary to the operation of the well
7. Section 3406.3.1.3.1 amended - Group A, E, or I Buildings.
Section 3406.3.1.3.1 of the International Fire Code is amended to read as follows:
Wells shall not be drilled within 350 feet of buildings with an occupancy in Group A, E or I.
8. Section 3406.3.1.3.2 amended - Existing Wells.
Section 3406.3.1.3.2 of the International Fire Code is amended to read as follows:
When wells are existing, buildings shall not be constructed within 150 feet of a well head. Buildings in Group A, E, or I shall not be built within 350 feet of a separator unit or production tanks, commonly referred to as tank batteries. Buildings in groups other than Group A, E, or I shall not be built within 200 feet.
9. Section 109.2.5 added - Conflicts With State Requirements
Section 109.2.5 of the International Fire Code is added to read as follows:
Section 109.2.5 Conflicts with State Requirements
This section shall be interpreted to be consistent with the provisions of Colorado Revised Statues 2004, _ 32-1-1002 (3), as amended.
10. Section 105.6 Required operational permits.
105.6.1 Aerosol products. An operational permit is required to manufacture, store or handle an aggregate quantity of Level 2 or Level 3 aerosol products in excess of 500 pounds (227 kg) net weight.
105.6.7 Combustible dust-producing operations. An operational permit is required to operate a grain elevator, flour starch mill, feed mill, or a pulverizing aluminum, coal, cocoa, magnesium, spices, sugar, or other operations producing combustible dusts as defined in Chapter 2.
105.6.8 Combustible fibers. An operational permit is required for the storage and handling of combustible fibers in quantities greater than 100 cubic feet.
Exception: A permit is not required for agricultural storage.
105.6.9 Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of te amounts listed in Table 105.6.9.
Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.
105.6.15 Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosives, explosive material, fireworks, or pyrotechnic special effects within the scope of Chapter 33.
105.6.17 Flammable and combustible liquids. An operational permit is required:
1. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site transportation in pipelines regulated by the Department of Transportation (DOTn) nor does it apply to piping systems.
2. To store, handle or use Class I liquids in excess of 5 gallons (19L) in a building or in excess of 10 gallons (37.9L) outside of a building, except that a permit is not required for the following:
2.1. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant, or mobile heating plant, unless such storage, in the opinion of the code official, would cause an unsafe condition.
2.2. The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more that 30 days.
3. To store, handle or use Class II or Class IIIA liquids in excess of 25 gallons (95L) in a building or in excess of 60 gallons (227L) outside a building, except for fuel oil used in connection with oil-burning equipment.
4. To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on-site pumps normally used for the dispensing purposes.
5. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.
6. To place temporarily out of service (for more than 90 days) an underground, protected above-ground or above-ground flammable or combustible liquid tank.
7. To change the type of contents stored in a flammable or combustible liquid tank to a material which poses a greater hazard than that for which the tank was designed and constructed.
8. To manufacture, process, blend or refine flammable or combustible liquids.
9. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments.
10. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles at commercial, industrial, governmental, or manufacturing establishments.
105.6.21 Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.21.
105.6.23 High-piled storage. An operational permit is required to use a building or portion thereof as a high-piled storage area exceeding 500 square feet (46m2).
105.6.26 Lumber yards and woodworking plants. An operational permit is required for the storage or processing of lumber exceeding 100,000 board feet (8,333 ft 3, 235 m3).
105.6.28 LP-gas. An operational permit is required for:
1. Storage and use of LP-gas.
Exception: A permit is not required for individual containers with a 500 gallon (1893L) water capacity or less serving occupancies in Group R-3.
2. Operation of cargo tankers that transport LP-gas.
105.6.31 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.
105.6.33 Open flames and candles. An operational permit is required to use open flames or candles in connection with dining areas of restaurants or drinking establishments.
105.6.37 Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effect material.
105.6.42 Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 15.
105.6.44 Temporary membrane structures, tents and canopies. An operational permit is required to operate an air supported temporary membrane structure or a tent having an area in excess of 200 square feet (19m2), or a canopy in excess of 400 square feet (37m2).
Exceptions:
1. Tents used exclusively for recreational camping purposes.
2. Fabric canopies open on all sides which comply with all of the following:
2.1. Individual canopies having a maximum size of 700 square feet (65m2)
2.2. The aggregate area of multiple canopies places side by side without a fire break clearance of not less than 12 feet (3658 mm) shall not exceed 700 square feet (65 m2) total.
2.3. A minimum clearance of 12 feet (3658mm) to structures and other tents shall be provided.
105.6.47 Wood products. An operational permit is required to store chips, hogged material, lumber or plywood in excess of 200 cubic feet (6m3).
11. Section 105.7 Required construction permits.
105.7.2 Compressed gases. When the compressed gasses in use or storage exceed the amounts listed in Table 105.6.9, a construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a compressed gas system.
Exceptions:
1. Routine maintenance.
2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work.
The permit applicant shall apply for approval to close storage, use or handling facilities at least 30 days prior to the termination of the storage, use or handling of compressed or liquified gases. Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 2701.6.3. The 30-day period is not applicable when approved based on special circumstances requiring such waiver.
105.7.3 Fire alarm and detection systems and related equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related equipment. Maintenance performed in accordance with this code is not considered a modification and does not require a permit
105.7.4 Fire pumps and related equipment. A construction permit is required for installation or modification to fire pumps and related fuel tanks, jockey pumps, controllers, and generators. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.
105.7.5 Flammable and combustible liquids. A construction permit is required:
1. To repair or modify a pipeline for the transportation of flammable or combustible liquids.
2. To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.
3. To install, alter, remove, abandon or otherwise dispose of a flammable or combustible liquid tank.
105.7.6 Hazardous materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 27 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.21.
Exceptions:
1. Routine maintenance.
2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work.
105.7.8 LP-gas. A construction permit is required for installation of or modification to an LP-gas system.
105.7.10 Spraying or dipping. A construction permit is required to install or modify a spray room, dip tank or booth.
105.7.11 Standpipe systems. A construction permit is required for the installation, modification, or removal from service of a standpipe system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit.
105.7.12 Temporary membrane structures, tents and canopies. A construction permit is required to erect an air supported temporary membrane structure or a tent having an area in excess or 200 square feet (19m2), or a canopy in excess of 400 square feet (37m2).
Exceptions:
1. Tents used exclusively for recreational camping purposes.
2. Funeral tents and curtains or extensions attached thereto, when used for funeral services.
3. Fabric canopies and awnings open on all sides which comply with all of the following:
3.1. Individual canopies shall have a maximum size of 700 square feet (65 m2).
3.2 The aggregate area of the multiple canopies placed side by side without fire break clearances of not less than 12 feet (3658mm) shall not exceed 700 square feet (65m2) total.
3.3 A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be maintained.
12. Section 103.1 amended - General.
Section 103.1 of the International Fire Code is amended to read as follows:
The Fire Prevention Bureau is established within the jurisdiction under the direction of the fire code official. The function of the Bureau shall be the implementation, administration and enforcement of the provisions of this code.
13. Section 405.10 added - Warning Sound Announcement.
Section 405.10 is added to the International Fire Code and reads as follows:
Within the first three (3) days of a new school year, an announcement shall be made on the public address system of the school during normal operating hours. This announcement shall state that the fire alarm system will now be activated so all persons within the building will recognize the sound of the fire alarm system in that facility. The alarm shall not be silenced until a minimum of twenty (20) seconds has elapsed. At the end of the test session, the alarm system shall be reset and an announcement on the public address system shall be made notifying all persons within the facility that the test has been concluded.
Section 3. Establishment of Limits
1. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF CLASS I AND CLASS II LIQUIDS IN ABOVEGROUND TANKS OUTSIDE OF BUILDINGS IS PROHIBITED.
The limits referred to in Section 3404.2.9.5 of the International Fire Code in which the storage of Class I and Class II liquids is restricted are hereby established as follows:
A. As addressed by any ordinance or zoning regulations adopted by the Town of Milliken.
B. Any area within the 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.
These provisions shall not be interpreted so as to conflict with the provisions of Colorado Revised Statutes 2004, _8-20-101, et seq., as amended.
2. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF CLASS I AND CLASS II LIQUIDS IN ABOVEGROUND TANKS IS PROHIBITED.
The limits referred to in Section 3406.2.4.4 of the International Fire Code in which the storage of Class I and Class II liquids is restricted are hereby established as follows:
A. As addressed by any ordinance or zoning regulations adopted by the Town of Milliken.
B. Any area within the 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.
These provisions shall not be interpreted so as to conflict with the provisions of Colorado Revised Statues 2004, _8-20-101, et seq., as amended.
3. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF LIQUIFIED PETROLEUM GAS IS RESTRICTED FOR THE PROTECTION OF HEAVILY POPULATED OR CONGESTED AREAS.
The limits referred to in Section 3804.2 of the International Fire Code in which the storage of Liquified Petroleum Gas is restricted are hereby established as follows:
A. As addressed by any ordinance or zoning regulations adopted by the Town of Milliken.
B. As addressed by any ordinance or zoning regulations adopted by Weld County.
This provision shall not be interpreted so as to conflict with the provisions of Colorado Revised Statues 2004, _8-20-101, et seq., as amended.
Section 4. Repeal of Conflicting Resolutions
All former resolutions enacted by the Milliken Fire Protection District or parts thereof conflicting or inconsistent with the provisions of this resolution or of the Code of Standards hereby adopted are hereby repealed.
Section 5. Validity
That if any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The District Board of Directors hereby declares that it would have passed this resolution, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Section 6. Proceedings.
That nothing in this ordinance or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any right acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or resolution repealed as cited in Section 2 of this resolution; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this resolution.
Section 7. Publication.
That the Bookkeeper of the Milliken Fire Protection District is hereby ordered and directed to cause this resolution to be published one time in a local newspaper.
Section 8. Enforcement Procedures and Appeals.
1. The chief shall enforce this code and shall inspect or cause to be inspected all buildings, structures, property, premises, and public places, except the interior of any private dwelling, in accordance with the procedures ser forth in _ 32-1-1002(3), C.R.S.. All inspections shall be recorded in an inspection report.
2. A Notice of Violation or Hazard may be issued by the Chief or his 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/reinspection;
F. Suggested methods of correction, if applicable;
G. Right to appeal to Board
H. Consequences of failure to correct the violation
3. An Order for Immediate Correction of Hazard may be issued by the Chief:
1. For failure to correct a violation or hazard within time specified in a previously issued Notice of Violation or Hazard; or
2. 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)(2), whether or not a Notice has been previously issued.
B. An Order shall be signed by the Chief or his 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. Penalties for violation of order;
G. Signature of the Chief or his designee;
H. Acknowledgment of receipt signed by owner, lessee, agent or other responsible person.
4. 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 days of the issuance of the Notice of Violation or Hazard. The appeal shall be heard at the next regular 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.
5. 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 or hazard. An appeal of an Order must be in writing and filed with the Board within three days of issuance of the Order.
6. The Board shall hear all such appeals and application for relief and render its decision thereon in accordance with its bylaws, rules and regulations.
7. 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 this matter to the district attorney of the county in which the violation occurs.
8. 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 Section VIII, paragraph 3(A)(1) 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 Section VIII, paragraph 3(A)(2) herein shall not suspend the limits for compliance or correction, and compliance or correction shall be made or rendered forthwith, unless the Order is suspended by the Board.
Section 9. Date of Effect.
That this resolution and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect within the incorporated municipalities and unincorporated portions of Weld County from and after its approval as set forth in Colorado Revised Statutes 2004, _ 32-1-1001 (1) (d)
APPROVALS:
Milliken Fire Protection District
Adopted this 13 day of May, 2004
Jerry Kilgore, Chairperson
Charles Ashbaugh, Secretary
Milliken Fire Protection District
District Fire Protection District
Board of Directors
Town of Milliken
Approved this 11 day of August, 2004
Linda Measner, Mayor
Town of Milliken
Weld County
Approved this 25 day of August, 2004
Robert Masden, Chairperson
Weld County Board of County Commissioners
Amendments to the 2003 Edition of the International Fire Code
Be it ordained by the Milliken Fire Protection District,
There is hereby amended the Resolution to adopt the 2003 International Fire Code to read as follows:
Section 2, Number 4. The reference to the 1991 Colorado Revised Statutes _12-28-101, shall be amended to read, 2004 Colorado Revised Statutes _12-28-101. et. seq., as amended.
Section 2, Number 9. The reference to the 1973 Colorado Revised Statutes _32-101002 (3), shall be amended to read, 2004 Colorado Revised Statutes _32-1-1002 (3), as amended.
Section 3, Number 1. The reference to the 1973 Colorado Revised Statutes _8-20-101, shall be amended to read, 2004 Colorado Revised Statutes _8-20-101, et seq., as amended.
Section 3, Number 2. The reference to the 1973 Colorado Revised Statutes _8-20-101, shall be amended to read, 2004 Colorado Revised Statutes _8-20-101, et seq., as amended.
Section 3 Number 3. The reference to the 1973 Colorado Revised Statutes _8-20-101, shall be amended to read, 2004 Colorado Revised Statutes _8-20-101, et seq., as amended.
Section 9 The reference to the 1973 Colorado Revised Statutes _32-1-1001 (1) (d), shall be amended to read, 2004 Colorado Revised Statutes _32-1-1001 (d).
Amendments approved by the Board of Directors, Milliken Fire Protection District this 10th day of June, 2004.
Gordon Jerry Kilgore, Chairman Charles Ashbaugh, Secretary
