DEPARTMENT OF PUBLIC SAFETY

DIVISION OF FIRE SAFETY

ARTICLE 1 – PURPOSE AND AUTHORITY TO PROMULGATE REGULATIONS

1.1PURPOSE: THESE RULES ESTABLISH UNIFORM STANDARDS AND MINIMUM FIRE AND LIFE SAFETY REQUIREMENTS FOR WASTE TIRE FACILITIES.

1.1.1 THE PURPOSE OF THESE RULES IS TO ENSURE THAT WASTE TIRE FACILITIES ARE CONSTRUCTED AND MAINTAINED AND INSPECTED IN COMPLIANCE WITH SECTION 25-17-206, C.R.S ADOPTED CODES AND APPLICABLE RULES.

1.2TECHNICAL RATIONALE

1.2.1THE TECHNICAL REQUIREMENTS OF THESE RULES ARE SUPPORTED BY CODES DEVELOPED BY THE INTERNATIONAL CODE COUNCIL, A MEMBERSHIP ASSOCIATION DEDICATED TO BUILDING SAFETY AND FIRE PREVENTION. THESE RULES ESTABLISH MINIMUM REQUIREMENTS FOR SYSTEMS USING PRESCRIPTIVE AND PERFORMANCE RELATED PROVISIONS.

1.3STATUTORY AUTHORITY

1.3.1 SECTION 24-33.5-1203.5, C.R.S.AUTHORIZES THE DIRECTOR OF THE DIVISION OF FIRE SAFETY (DIVISION) TO PROMULGATE RULES IN ORDER TO CARRY OUT THE DUTIES OF THE DIVISION OF FIRE SAFETY. THIS RULE IS ADOPTED PURSUANT TO THE AUTHORITY IN SECTION 24-33.5-1203.5, C.R.S. AND IS INTENDED TO BE CONSISTENT WITH THE REQUIREMENTS OF THE STATE ADMINISTRATIVE PROCEDURES ACT, SECTION 24-4-101, ET SEQ. (THE “APA” ), C.R.S.

ARTICLE 2 – DEFINITIONS

2.1THE DEFINITIONS PROVIDED IN SECTIONS 25-17-202 AND 25-17-206, C.R.S. SHALL APPLY TO THESE RULES.

ARTICLE 3 – CODES, DOCUMENTS AND STANDARDS INCORPORATED BY REFERENCE

3.1THE FOLLOWING CODE IS ADOPTED AND PROMULGATED AS MINIMUM STANDARDS FOR THE CONSTRUCTION AND MAINTENANCE OF WASTE TIRE FACILITIES IN THE STATE OF COLORADO.

3.1.2INTERNATIONAL FIRE CODE - 2006 EDITION, THIRD PRINTING: APRIL 2007 (COPYRIGHT 2006 BY INTERNATIONAL CODE COUNCIL, INC. - WASHINGTON, D.C.), INCLUDING APPENDICES B AND C.

3.2THE DIVISION SHALL MAINTAIN COPIES OF THE COMPLETE TEXTS OF THE ADOPTED CODES, WHICH ARE AVAILABLE FOR PUBLIC INSPECTION DURING REGULAR BUSINESS HOURS. INTERESTED PARTIES MAY INSPECT THE REFERENCED INCORPORATED MATERIALS BY CONTACTING THE DIVISION AND/OR THE STATE DEPOSITORY LIBRARIES.

3.3 THIS RULE DOES NOT INCLUDE LATER AMENDMENTS OR EDITIONS OF THE INCORPORATED MATERIAL.

ARTICLE 5 – DEFINITION OF FIRE CODE OFFICIAL AND DELEGATION OF FIRE CODE AUTHORITY

5.1 THE FIRE CODE OFFICIAL FOR WASTE TIRE FACILITIES SHALL BE THE DIVISION.

5.2 WHERE THE LOCAL AUTHORITY HAVING JURISDICTION HAS ADOPTED THE SAME CODE AS THE DIVISION PURSUANT TO ARTICLE 3.1.2 THE RESPONSIBILITY OF CONDUCTING THE NECESSARY INSPECTIONS REQUIRED BY THE ADOPTED FIRE CODE WILL BE DELEGATED TO THE LOCAL AUTHORITY HAVING JURISDICTION IN THE LOCATION OF THE WASTE TIRE FACILITY. UPON DELEGATION OF THIS RESPONSIBILITY, THE LOCAL AUTHORITY HAVING JURISDICTION SHALL BE CONSIDERED AS THE FIRE CODE OFFICIAL.

5.3 IF THE LOCAL AUTHORITY HAVING JURISDICTION DECLINES TO PERFORM THE INSPECTION, THE DIVISION SHALL PERFORM THE INSPECTIONS REQUIRED BY THE ADOPTED FIRE CODE AND SHALL BE CONSIDERED AS THE FIRE CODE OFFICIAL.