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The following additions, amendments and deletions are made to the International Fire Code:

Section 111.1 of the International Fire Code is amended to read:

In order to hear and decide appeals of orders, decisions or determinations made by the Fire Code Official in the application and interpretation of this International Fire Code, there is hereby created a board of appeals. The three-member board of appeals shall be comprised of the Chief Building Official, the Fire Chief, and an independent fire safety engineer, architect, industrial hygienist, or other qualified individual with expertise in interpreting and applying this International Fire Code with respect to the specific issues being appealed, and who is mutually agreed upon by the Chief Building Official and the Fire Chief. The board of appeals may adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a copy to the Fire Code Official.

Section 111.3 is deleted in its entirety.

Section 904.1 is amended to read:

General. Automatic fire-extinguishing systems, other than automatic sprinkler systems, shall be designed, installed, inspected, tested, and maintained in accordance with the provisions of this section and the applicable referenced standards. Alarms shall be required to indicate the operation of alternative automatic fire-extinguishing systems, distinctive audible, visible alarms and warning signs shall be provided to warn of pending agent discharge. All alternative automatic fire-extinguishing systems shall be monitored by a building fire alarm system in accordance with NFPA 72.

Section 904.3.4 is amended to read:

Alarms and warning signs. Alarms shall be required to indicate the operation of automatic fire-extinguishing systems. Distinctive audible, visible alarms and warning signs shall be provided to warn of pending agent discharge. Where exposure to automatic-extinguishing agents poses a hazard to persons, and a delay is required to ensure the evacuation of occupants before agent discharge, a separate warning signal shall be provided to alert occupants once agent discharge has begun. Audible signals shall be in accordance with Section 907.5.2.

Section 904.3.5 is amended to read:

Monitoring. All automatic fire-extinguishing systems shall be monitored by a building fire alarm system in accordance with NFPA 72.

Section 907.2.7.1 is deleted in its entirety.

Appendix A of the International Fire Code is deleted in its entirety, and the following new Appendix A is added:

Appendix A – Board of Appeals

Section A101 – General.

A101.1 Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of the International Fire Code pursuant to the provisions of Section 108. The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants, the Fire Code Official, and other interested parties pertaining to the application and intent of this International Fire Code for the purpose of issuing orders pursuant to these provisions.

A101.2 Membership. The three-member board shall consist of the Chief Building Official, the Fire Chief, and an independent fire safety engineer, architect, industrial hygienist, or other qualified individual with expertise in interpreting and applying this code with respect to the issues being appealed. The Fire Chief and the Chief Building Official shall mutually agree upon the individual to serve as the third board member.

A101.3 Quorum. All three members of the board are required for a quorum. In varying the application of any provisions of this International Fire Code or in modifying an order of the Fire Code Official, an affirmative vote of at least two of the three board members is required.

A101.4 Secretary of the Board. The Fire District's Administrative Assistant shall serve as the secretary of the board and shall keep a detailed record of all its proceedings, which shall set forth the reasons for its decisions, and the vote of each member.

A101.5 Meetings. The board shall meet within ten (10) days after notice of appeal has been received, or as soon thereafter as practicable.

A101.6 Procedures. The board shall establish rules and regulations for its own procedures not inconsistent with the provisions of the Frederick Municipal Code and laws of the State of Colorado.

A101.7 Decisions. Every decision shall be promptly filed in writing in the office of the Fire Code Official, the town administrator, and town clerk and shall be open to public inspection. A copy of such decision shall be kept publicly posted in the office of the Fire Code Official for twenty-one days (21) days after filing. A certified copy of the board's decision shall be sent by mail or otherwise to the appellant by the Fire Code Official.

A101.8 Board of Trustees Review. The town board of trustees, at its discretion and by motion, may review any decision of the board of appeals within twenty-one (21) days after the date of issuance of the board's written decision. In the event of such review, the following procedures shall apply:

A101.8.1 The board of trustees shall consider the board's decision at a public hearing held subsequent to the meeting at which the decision was made and notice of such public hearing shall be provided to the appellant at least five (5) days in advance of the public hearing.

A101.8.2 The board of trustees call up review process shall be discretionary; in addition to the information submitted at its public hearing, the board of trustees may receive and consider the board's minutes, any staff reports, and reviews and recommendations provided by town staff or fire district staff, and such other information as the board of trustees determines relevant to review of the decision subject to its call up.

A101.8.3. The board of trustees may uphold, reverse or modify the decision of the board. The board of trustees’ decision shall be promptly filed in writing in the office of the Fire Code Official and the town clerk and shall be open to public inspection. A copy of such board of trustee's decision shall be kept publicly posted in the office of the Fire Code Official for twenty-one days (21) days after filing. A certified copy of the board of trustees' decision shall be sent by mail or otherwise to the appellant by the town clerk.

A101.8.4 Failure of the board of trustees to formally determine to review a decision of the board of appeals prior to the expiration of twenty-one (21) days after the date of issuance of the board’s written decision shall render the board’s decision final for purposes of judicial review.

(Ord. 941 § 1, 2007; Ord. 1038 § 1, 2010; Ord. 1362 §1, 2021; Ord. 1391 §1, 2023)