To: Board of County Commissioners
Through: Bryan D. Weimer, PWLF, Director, Public Works and Development
Prepared By:
prepared
Bryan D. Weimer, PWLF, Director, Public Works and Development
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Subject:
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Arapahoe County Recognition of the Adoption of the 2021 International Fire Code by Sable- Altura Fire Protection District
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Purpose and Request:
recommended action
This item is to request and recommend that the Board of County Commissioners (BOCC) adopt a resolution acknowledging and approving the adoption of the 2021 International Fire Code by Sable-Altura Fire Protection District.
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Background and Discussion: Colorado Revised Statutes (32-1-1002(1)(d) gives a Fire Protection District the authority to adopt Fire Codes within the boundaries of its jurisdiction, but provides that “*** no such code shall a shall apply within any municipality or the unincorporated portion of any county unless the governing body of the municipality or county, as the case may be, adopts a resolution stating such code or specific portions thereof shall be applicable within the fire protection district’s boundaries;***.” (emphasis added).
The Sabel-Altura Fire Protection District has territory within its boundaries that is within unincorporated Arapahoe County. The Fire Protection District has adopted the 2021 International Fire Code and desires that the BOCC approve a resolution stating that the 2021 Fire Code as adopted by the Fire Protection District applies to those portions of the Fire Protection District that are within unincorporated Arapahoe County. Historically, the BOCC has adopted similar such resolutions for acknowledging and approving the applicability of Fire Codes within other Fire Protection Districts as required by statute.
It is in the interest of the citizens of Arapahoe County that Fire Protection Districts be able to exercise their powers in the adoption and enforcement of Fire Codes.
Attached is the request and the Code adoption resolution by the District for reference and a proposed draft BOCC Resolution for the Board’s consideration for approval.
Alternatives: An option to providing a resolution would be to take a “no action” stance. Taking “no action”, however, would prevent the Fire District from applying the updated Fire Code within those portions of the District that are in unincorporated Arapahoe County. Enforcement of the 2021 International Fire Code within the Sable-Altura Fire District is a life safety matter for the District’s residents and it is better for the District and its residents if the same Fire Code is enforced across the entire District.
Moreover, not approving the Resolution to allow the District to enforce its Fire Code update within unincorporated Arapahoe County could impact communications between the Fire District and the Building Division. Interaction with the Sable-Altura Fire Protection District is vital to the process of issuing Certificates of Occupancy (CO) to assure that life safety issues are addressed and inspected for compliance with applicable Codes. CO’s are not issued unless both the fire District that enforces a Fire Code and the Building Division that enforces the Building Code are in agreement that the structure has been inspected for Code compliance.
Fiscal Impact: There is no fiscal impact associated with this consent agenda item.
Alignment with Strategic Plan:
☐Be fiscally sustainable
☒Provide essential and mandated service
☒Be community focused
Concurrence: The Public Works and Development Department concurs with the proposal for the Building Division to have the BOCC pass an acknowledgement resolution for the Sable-Altura Fire Protection District adoption of the 2021 Fire Code. Staff has coordinated with the District as well. In addition, the County Attorney Office has reviewed this agenda item and concurs with the recommendation.
Resolution: Attached is a copy of the draft resolution.