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Draft dated 3/12/2010 ORDINANCE AN ORDINANCE REPEALING CHAPTER 15.08 “UNIFORM FIRE CODE” AND AMENDING CHAPTER 15.04 OF MISSOULA MUNICIPAL CODE RENAMING THE CHAPTER FROM "UNIFORM CODES ADOPTED" TO "FIRE AND BUILDING TECHNICAL CODES" AND RENAMING SECTION 15.04.010 FROM "INTERNATIONAL CODES ADOPTED" TO "BUILDING TECHNICAL CODES ADOPTED" AND CREATING SECTION 15.04.016 ENTITLED "FIRE CODES ADOPTED" TO ADOPT THE 2009 INTERNATIONAL FIRE CODE AND PROVIDE FOR ITS ADMINISTRATION AND ENFORCEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MISSOULA THAT CHAPTER 15.08 IS HEREBY REPEALED IN ITS ENTIRETY AND CHAPTER 15.04 AND SECTION 15.04.010 BE RENAMED AND SECTION 15.04.016 BE ESTABLISHED AS FOLLOWS: Chapter 15.04 FIRE AND BUILDING TECHNICAL CODES UNIFORM CODES ADOPTED Sections: 15.04.010 Building technical International codes adopted. 15.04.015 (Repealed) 15.04.016 Fire code adopted. 15.04.020 Penalties. 15.04.030 (Repealed) * For statutory provisions on the authority of the city to regulate the construction of buildings, see MCA §7-15-4122; for provisions on the authority of the city to provide for the inspection and measuring of building materials, see MCA §7-15-4123; for provisions on the authority of the city to regulate and restrict the erection, construction, alteration, repair, etc., of buildings, and structures, see MCA §§76-2-302 and 76-2-310--76-2-312. 15.04.010 International Building construction cCodes Aadopted. A. The current and future editions of the following model technical building construction codes, including, but not limited to the International Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, International Existing Building Code, International Energy Conservation Code and NFPA 99C Gas and Vacuum Systems and all accompanying appendices, amendments, and modifications adopted or required to be adopted by the Montana Department of Labor Building Codes Bureau (or its successor) as set forth in the Administrative Rules of Montana, as amended from time to time by the Building Codes Bureau, are adopted by reference and incorporated into this Title as if set forth in full, except for any exceptions noted in this Chapter or any regulations which are not applicable to local government jurisdictions. B. One copy of each code shall be kept on file in the office of the City Clerk and one copy of each code shall be kept on file in the office of the Building Inspection Division. C. Any amendments adopted by the Building Codes Bureau which apply to local government jurisdictions, including adoption of the latest editions of the model technical building construction codes listed in 15.04.010 A. above, as well as future editions of those model technical building codes, or applicable Administrative Rules of Montana, shall become effective upon execution of an Administrative ---PAGE BREAK--- Rule by the Mayor as authorized by Section 50-60-301 MCA, unless a different effective date is specified in the Administrative Rule. D. A copy of the model technical building construction codes and administrative rules, as amended, will be kept in the office of the City Clerk. E. The model technical building construction codes and Administrative Rules of Montana as adopted above, and the other provisions of Title 15 are applicable within the corporate limits of the City of Missoula and are enforced by the Building Inspection Division. 15.04.015 Repealed. 15.04.016 International Fire Code Adopted A.There is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion and providing for the issuance of permits and collection of fees; that certain Code and Standards known as the International Fire Code adopted by the Fire Prevention and Investigation Bureau of the Montana Department of Justice (or its successor), as set out in the Administrative Rules of Montana, and as amended from time to time by the Bureau, are adopted by reference and incorporated in this chapter as if set forth in full, with the additions, amendments, and deletions enumerated within the Administrative Rules, except as may be noted in this chapter, by future Administrative Order, or by any regulations not applicable to local government jurisdictions. B. One copy of the Code and Standard have been and, currently are, on file in the City Fire Marshal's Office, and from the date on which this ordinance shall take effect the provision thereof shall be controlling within the limits of the city. C. Any amendments adopted by the Fire Prevention and Investigation Bureau (or its successor) which apply to local government jurisdictions, including the adoption of the latest editions of the International Fire Code or applicable Administrative Rules of Montana, shall become effective upon execution of an Administrative Order of the Mayor unless a different effective date is specified in the Administrative Order. D. A copy of the amendment notification and the corresponding new edition will be kept on file in the City Fire Marshal’s Office. E. The fire code and Administrative Rules of Montana as adopted above are applicable within the corporate limits of the City of Missoula and are enforced by the Missoula Fire Department. 15.04.020 Penalties. Any violation of these model technical building construction codes, fire code, or administrative rules, shall constitute a violation of a municipal ordinance. Penalties shall be imposed within the parameters of what Montana State law allows for municipal ordinance violations or for violations of state adopted technical codes. 15.04.030 Repealed. Chapter 15.08 UNIFORM FIRE CODE Sections: 15.08.010 Adoption of Uniform Fire Code. ---PAGE BREAK--- 15.08.040 Applicability of chapter. 15.08.010 Adoption of the NFPA 1/Uniform Fire Code. There is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion and providing for the issuance of permits and collection of fees; that certain Code and Standards known as the NFPA 1 Uniform Fire Code (NFPA 1/UFC) adopted by the Fire Prevention and Investigation Bureau of the Montana Department of Justice (or its successor), as set out in the Administrative Rules of Montana, and as amended from time to time by the Bureau, are adopted by reference and incorporated in this chapter as if set forth in full, with the additions, amendments, and deletions enumerated within the Administrative Rules, except as may be noted in this chapter, by future Administrative Order, or by any regulations not applicable to local government jurisdictions. One copy of the Code and Standard have been and, currently are, on file in the City Fire Marshal's Office, and from the date on which this ordinance shall take effect the provision thereof shall be controlling within the limits of the city. Any amendments adopted by the Fire Prevention and Investigation Bureau (or its successor) which apply to local government jurisdictions, including the adoption of the latest editions of the NFPA 1/UFC or applicable Administrative Rules of Montana, shall become effective upon execution of an Administrative Order of the Mayor unless a different effective date is specified in the Administrative Order. A copy of the amendment notification and the corresponding new edition will be kept on file in the City Fire Marshal’s Office. (Ord. 3275, 2004 Ord. 3148, 2000; Ord. 3015, 1997; Ord. 2833 1992; Ord. 2716 1989; Ord. 2508 (part), 1986; Ord. 2332 1983; Ord. 2015, 1979: Prior Code §11-21). 15.08.040 Applicability of chapter. A. If there is any conflict between the currently adopted Edition of the Uniform Fire Code and Chapter 3 or 61 of Title 50 of the Montana Code Annotated, the provisions of the Montana Code Annotated shall be the controlling authority. B. This chapter establishes a uniform fire protection code to be used in conjunction with the Uniform Building Code, ARM 8.70.101. (Ord. 2716 1989: Ord. 2508(part), 1986; Ord. 2332 1983). Effective Date. The provisions of the ordinance shall be effective in 30 days. Severability. If any selection, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by a Ayes, Nays, Abstain and Absent vote and APPROVED by the Mayor this day of 2010. ATTEST: APPROVED: Martha L. Rehbein John Engen City Clerk Mayor ---PAGE BREAK--- (SEAL)