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HomeMy WebLinkAboutTitle 15 e Title 15 BUILDINGS AND CONSTRUCTION e Chapters: 15.01 Model Technical Codes and Administrative Rules 15.04 Building Code 15.05 Family Dwelling Code 15.07 Housing Code 15.08 Electrical Code 15.12 Mechanical Code 15.14 Energy Code 15.16 Plumbing Code 15.20 Building Moving Code 15.24 Abatement of Dangerous Buildings Code 15.28 Demolition Code 15.30 Building Conservation 15.32 Sign Code 15.36 Fire Code 15.37 Fire Code Board of Appeals 15.40 Fire Zones 15.44 Excavations 15.48 Overhead Electrical Lines 15.52 Trailer Camps and Auto Courts e 251 (Bozeman 11-0 I ) e e e e e e Chapter 15.01 MODEL TECHNICAL CODES AND ADMINISTRATIVE RULES Sections: 15.01.010 Adoption of the model technical codes and administrative rules. Violation-Penalty. 15.01.020 15.01.010 Adoption ofthe model technical codes and administrative rules. A. The current editions of the following model listed technical codes and all accompanying appen- dices, amendments and modifications adopted or required to be adopted by the Building Codes Bu. reau, Montana Department of Commerce (or its successor), as set out in the Administrative Rules of Montana, as amended from time to time by the Building Codes Bureau, are adopted by reference and incorporated in this title as if set forth in full, except for any exceptions noted in this chapter or any regulations not applicable to local government jurisdictions: 1. The CABO One and Two Family Dwelling Code published by the Council of American Building Officials; 2. The Model Energy Code published by the Council of American Building Officials; 3. The National Electrical Code published by the National Fire Protection Association; 4. The Uniform Building Code and the Uniform Building Code Standards published by the Interna- tional Conference of Building Officials, applicable to all buildings unless exempted by Section 106.2 ofthe Uniform Building Code; S. The Uniform Code for the Abatement of Dangerous Buildings published by the International Conference of Building Officials; 6. The Uniform Code for Building Conservation published by the International Conference of Build- ing Officials; 7. The Uniform Housing Code published by the International Conference of Building Officials; 15.01.010-15.01.020 8. The Part II of the Uniform Federal Accessi- bility Standards published by the General Services Administration, Washington, D.C.; 9. The Uniform Mechanical Code published by the International Conference of Building Officials; Gas piping systems installed in accordance with the Uniform Mechanical Code shall include water heaters and boilers installed per the Uniform Plumbing Code. 10. The Uniform Plumbing Code published by the International Association of Plumbing and Me- chanical Officials. B. One copy of each code shall be kept on file in the office of the clerk of commission of the city, 4 I I East Main Street, Bozeman, Montana and one copy shall be kept on file in the offices of the building and planning office of the city. C. Any amendments adopted by the Building Codes Bureau which apply to local government jurisdictions including the adoption of the latest editions of the model technical codes or applicable Administrative Rules of Montana, shall become effective in the city ninety days after the date the bureau notifies the city of the amendments. D. A copy ofthe amendment notification will be kept in the office of the clerk of commission. E. The Model Technical Codes and Administra- tive Rules of Montana as adopted above, and the other provisions of Title 15 are applicable within the city and within its extraterritorial building juris- diction. (Ord. 1528 S 1,2000: Ord. 1389 S 1, 1994) 15.01.020 Violation-Penalty. Violation of the Model Technical Codes or Ad- ministrative Rules of Montana, as adopted in Sec- tion 15.01.010, or violation of any other provision ofthis title is a misdemeanor. Any person convicted of a violation shall be subject to the penalties of Section 1.16.010. Each day that the violation continues is a separate offense, and shall be punished accordingly. (Ord. 1389 S 2,1994) 253 (Bozeman 11-01) 15.04.0lQ.-1S.07.01O Chapter 15.04 BUILDING CODE Sections: 15.04.010 Uniform BUilding Code and the Uniform Building Code Standards. 15.04.010 Unifonn Building Code and the Uniform Building Code Standards. The Uniform Building Code, published by the International Conference of Building Officials, and the Uniform Building Code Standards, published by the International Conference of Building Officials, regulates the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the jurisdiction of the city; and provides for the issuance of penn its and collection of fees therefor. (Ord. 1528 ~2, 2000: Ord. 1389 ~ 3, 1994: Ord. 1348 ~ 1, 1992: Ord. 1285 ~ 1, 1989) Chapter 15.05 FAMILY DWELLING CODE Sections: 15.05.010 CABO One and Two Family Dwelling Code. 15.05.010 CABO One and Two Family Dwelling Code. The CABO One and Two Family Dwelling Code regulates minimum standards and requirements for the construction, prefabrication, alteration, repair, use, occupancy and maintenance of detached one- family and two~family dwellings not more than three stories in height and their accessory structures. (Ord. 1389 ~ 4, 1994: Ord. 1290 ~ 1, 1989) (Bozeman 11-01) Sections: 15.07.010 Chapter 15.07 e HOUSING CODE Uniform Housing Code. 15.07.010 Uniform Housing Code. The Uniform Housing Code as published by the International Conference of Building Officials regu- lates the use and occupancy, location and mainte- nance of all residential buildings and structures. (Ord. 1389 ~ 6, 1994: Ord. 1287 S 1, 1989) Sections: 15.08.010 15.08.020 15.08.030 15.08.040 254 Chapter 15.08 ELECTRICAL CODE National Electrical Code. Municipality and city defined. Electrical inspector defined. Permit-Required. e e e e e 15.08.050 15.08.060 15.08.070 15.08.080 15.08.090 15.08.120 15.08.130 15.08.140 15.08.150 15.08.160 15.08.170 15.08.180 15.08.190 Permit-Fee schedule-Period of validity. Permit-Plans required with application. Contractor's bond requirements. Wiring-Home owner rights and restrictions. Wiring-8ign company restrictions. Right of entry for inspection. Discontinuance of service- Conditions-Electrical inspector authority. Inspection requirements for completed work. Reinspection and correction of installations. Approval-Conformity with specifications required. Condemnation of instaUation- Petition for review. Connections unlawful until wiring approved. Liability limitations. 15.08.010 National Electrical Code. The National Electrical Code, published by the National Fire Protection Association, serves as mini- mum electrical installation, repair and maintenance standards and requirements. (Ord. 1389 ~ 7, 1994: Ord. 1286 ~ 1, 1989; Ord. 1259 ~ 1, 1988: Ord. 1167 (part), 1984: Ord. 1084 ~ 1, 1981) 15.08.020 Municipality and city defined. Whenever the words "municipality" or "city" are used in the code adopted by this chapter, they shall mean the city of Bozeman. (Ord. 1084 ~ 2, 1981) 15.08.030 Electrical inspector defined. The office of the electrical inspector shall be made a part of the department of public safety and the electrical inspector shall be appointed by the city manager. Whenever the term "electrical inspector" 15.08.010-15.08.030 is used in the code adopted by this chapter, it shall be construed to mean 254-1 (Bozeman 6-96) e e e . . . the electrical inspector or his authorized repre- sentative. (Ord. 1 084 ~ 3, 1981) 15.08.040 Permit-Required. No alteration shall be made in the existing wiring of any building, nor shall any building be wired for the placing of any electrical cur- rent, nor shall any alterations be made in the wiring in any building after inspection, with- out first notifying the electrical inspector and securing a permit therefor. Where work for which a permit is required by this chapter is started or proceeded with prior to obtaining said permits, the fees specified shall be doubled, but the payment of such fee shall not relieve any person from fully complying with the requirements of this chapter in the execution of the work, nor from the other penalties pre- scribed in this chapter. (Ord. 1084 9 4 (a), 1981 ) 15.08.050 Permit-Fee schedule-Period of validity. A. At the time the application for a permit is made, the applicant shall pay to the electrical inspector the following fees: Type of Installation Permit Fee I. Single-family dwellings (includes garage wired at the same time as the house) 100 to 200 amp service 201 to 300 amp service 30 I or more amp service 2. Private property accessory buildings (garages, barns, sheds, etc.) Up to a 200 amp panel 201 to 300 amp panel 301 or more amp panel 3. Residential temporary construction service: no separate fee; it is included in the above fees for the service of panel which must be paid prior to the wiring of a building or setting of a construction pole. $ 43.00 66.00 83.00 $ 20.00 50.00 66.00 15.08.040-15.08.050 Type of Installation (Continued) 4. Interior rewire only, or new addition to a home S. Change of service 6. Mobile home installation: in a court or park other than a court or park 7. Modular homes: no basement or garage with a basement and/or garage 8. Multifamily dwellings (duplex through twelve units) Permit Fee $ 23.00 14.00 14.00 20.00 $20.00 33.00 15.00 per dwelling unit Note: For buildings containing more than twelve units, use the commercial schedule that follows. 9. Mobile home courts and/or rec- reational vehicle parks (new, rewire, or addition): first three spaces $ 7.00 per space additional spaces over three spaces 2.50 per space 10. New service (livestock well, ir- rigation well, etc.) 11. Irrigation pumps or machines, per unit (one pump and/or one pivot) 12. Hot tubs and spas 13. All other installations-Commercial, industrial, institutional, or for public use. (Fees listed in this section shall apply to any and all electrical instal- lations not mentioned elsewhere in this schedule. The wiring cost shall be the cost to the owner of all labor charges and all wiring materials and equipment installed as part of the wiring system. The value of factory- installed wiring, switches and controls, or equipment, shall be included in wiring costs. Value of motors and appliances need not be included.) 20.00 16.50 10.00 $] to $1,000 $20.00 255 (Bozeman 10-89) 15.08.060-15.08.080 Type of Installation Permit Fee (Continued) $1,000 to $1 0.000 ~ $20 for the first $1,000 plus $8.50 for each additional $1,000 or fraction thereof to and including $10,000 $10,000 $ 96.50 $10,000 to $50,000 - $96.50 for the first $10,000 plus $3.50 per thousand for each additional $1.000 or fraction thereof to and including $50,000 $50,000 236.50 $50,000 and up - $236.50 for the first $50,000 plus $1.50 per thousand for each additional thousand or fraction thereof $100,000 $200,000 $300,000 311.50 461. 5 0 611.50 14. Temporary construction service (for commercial, industrial, institutionaL of public-use jobs only) 20.00 Note: This additional $20.00 fee is reo quired in addition to the above job cost inspection fees only if a temporary service will be used, and is to be paid at the same time as the regular job cost per- mit fee before construction begins. B. Electrical permits on which the fees are under one hundred dollars are valid for a period of one year from the date of issuance. (Ord. 1167 (part), 1984: Ord. 1084 ~ 4(b), 1981) 15,08.060 Permit-Plans required with application. Accompanying the application for permit, there shall be filed with the inspector plans of (Bozeman 10-89) the work to be undertaken on all nonresidential construction and, if deemed necessary by the electrical inspector, plans may be required for residence-type work. The abovementioned plans shall show the character and precise location of the premises. The permit shall not be held to allow cutting of any structural features of any buildings. The permit shall cover the work set forth in the plans only, and if additional work is to be undertaken, a new permit to cover such additional work shall be secured in the usual manner. (Ord. I 084 ~ 4 (c), 1981) . 15.08.070 Contractor's bond requirements. A. No person, firm or corporation shall engage in installing, repairing, or altering elec. trical wiring or conductors within the corporate limits of the city for the purpose of transmitting electrical energy for light, heat or power, ex- cluding any public electric utility, without first filing a five-thousand-dollar bond and con- ditioned that he or they will in good faith perform all of the things required by the ordi- nances of the city, and that if any injury to any person or damage to any property results by reason of his or their failure or neglect to con- form with any ordinance relating to the instal- lation of electric wiring and equipment, he or they shall save harmless and indemnify such person injured or the owner of such property damaged. Said bond shall be filed in the office of the building official for approval. (Ord. 1084 ~ 7 (part), 1981) . 15.08.080 Wiring-Home owner rights and restrictions. If an owner desires to do wiring in his own home (single-family residence), he may do so without a license, but he must first obtain a permit required by this chapter; provided, however, the electrical inspector may refuse to issue a permit to any person who, in his esti- mation, is not competent to install the electrical work in accordance with the regulations of this chapter. (Ord. I 084 ~ 7 (part), 1981) ." "-. 256 e e e 15.08.090 Wiring-Sign company restrictions. Sign companies shall be permitted to do wiring in signs and outline lighting on the secondary side of the transformers only. (Ord. 1084 ~ 7 (part), 1981 ) 15.08.120 Right of entry for inspection. The electrical inspector and assistants shall carry proper credentials of their respective offices, upon exhibition of which they shall have the right of entry, during usual business hours, to inspect any and all building and premises in the performance of their duties. However, should the owner or occupant disapprove entry, the inspector shall produce a search warrant signed by the proper authority. (Ord. 1084 ~ 5(a), 1981) 15.08.130 Discontinuance of service- Conditions-Electrical inspector authority. The electrical inspector shall have supervision over all wires, materials, apparatus and fittings used for the transmission, distribution or consumption of electrical current for light, heat or power, or for any other purposes, whether new or old; and whenever any such wires, materials, apparatus or appurtenanc- es are, or may become, dangerous to life or prop- erty, or liable to cause fire, accident or injury, he is empowered to order the owner, agent or user to remove or repair such within forty-eight hours after receipt of the notice. In case the order is not com- plied with, the electrical inspector shall order the current to be disconnected, from the installation or the part of it which is considered hazardous, and all owners, agents, users, light and power companies and others shall not have the current or circuit con- nected again until the electrical inspector has given a written permit to do so. All firms, corporations or individuals, whether operating under a regular fran- chise granted by the city or not, shall, upon written notice from the electrical inspector, disconnect from any building the service on any circuit as designated by the notice, and shall not reconnect the building 15.08.090-15.08.150 service or circuit, except upon written notice from the electrical inspector. (Ord. 1084 ~ 5(b), 1981) 15.08.140 Inspection requirements for completed work. Upon the completion of the wiring or alterations or additions to the wiring of any building, it shall be the duty of the person, firm or corporation in- stalling the same to notify the electrical inspector, who shall inspect the installation within twenty-four hours of the time such notice is given, Sundays and holidays excepted, and if it is found to be fully in compliance with this chapter and does not constitute a hazard to life and property he will authorize con- nection to the electrical service and the turning on of the current; provided however, that the inspector may give temporary permission to furnish electric current to or the use of the electric current, through any wires, or other equipment for a length of time not exceeding thirty days, if it appears that such wires, etc., may be used safely and that there exists an urgent necessity for such use and special permis- sion. All wires that are to be hidden from view shall be inspected before concealment and any person, finn or corporation installing such wires shall notify the electrical inspector, giving him twenty-four hours in which to make the required inspection before such wires are concealed; provided, that on large installations where concealment of parts of the wiring proceeds continuously, the person, firm or corporation installing the wiring shall give the elec- trical inspector due notice and inspection shall be made periodically during the progress of the work. (Ord. 1084 ~ 5(c), 1981) 15.08.150 Reinspection and correction of installations. When considered advisable by the electrical in- spector or upon request by the fire chief, light and power company or the owner or tenant of any build- ing, the electrical inspector shall make a thorough reinspection of the installation in any buildings of all electric wiring, electrical devices and electrical material now installed or that may hereafter be installed within the city. When the installation of 257 (Bozeman 6.96) 15.08.160-15.12.010 any such wiring, devices or materials is found to be in a dangerous or unsafe condition, the person, firm or corporation owning, using or operating the same shall be notified and shall make the necessary re- pairs or changes required to place such wiring, devices and materials in a safe condition and have such work completed within four days, or any lon- ger period specified by the electrical inspector in said notice. The electrical inspector is empowered to order the discontinuance of electrical service to such wiring, devices or materials so found to be defectively installed until the installation of such wiring, devices and material has been made safe as directed by the electrical inspector. (Ord. 1084 ~ 5 (d), 1981) 15.08.160 Approval-Conformity with specifications required. No inspection shall be approved unless the elec- trical light, power and heating installations are in strict conformity with the provisions of this chapter, the statutes of the state of Montana, and the Nation- al Electrical Code as adopted in this chapter. (Ord. 1084 ~ 5(e), 1981) 15.08.170 Condemnation of installation- Petition for review. When the electrical inspector condemns all or part of any electrical installation, the owner may, within five days after receiving written notice from the electrical inspector, file a petition in writing for review of said action of the electrical inspector with the city clerk, who shall refer the petition to a board of three competent parties to be appointed by the mayor, with the approval of the city commission, upon receipt of which the board shall at once proceed to determine whether said electrical installa- tion complies with this chapter, and within three days shall make a decision in accordance with its findings, which shall be returned to the city clerk for action. (Ord. 1084 ~ 5(f), 1981) 15.08.180 Connections unlawful until wiring approved. It is unlawful for any electric utility to make any (Bozeman 6-96) electrical connections to any building or premises until the wiring has been approved by the electrical inspector; provided, however, special permission may be given to him to make a temporary connec- tion and use portions of the wiring in a building during construction, if it appears that this can be safely done and there exists an urgent necessity for such use and for such special permission. (Ord. 1084 ~ 6, 1981) e 15.08.190 Liability limitations. This chapter shall not be construed to relieve from, or lessen the responsibility or liability of any party owning, operating, controlling or installing any electric wiring, electric devices or electrical material for damages to persons or property caused by any defect therein, nor shall the city or the inspector be held as assuming any such liability by reason of the inspection authorized in this chapter, or certificate of inspection issued as provided in this chapter. (Ord. 1084 ~ 10, 1981) Chapter 15.12 e MECHANICAL CODE Sections: 15.12.010 15.12.020 15.12.030 Uniform Mechanical Code. Mechanical permit fees. Amendments and additions to the Uniform Mechanical Code. 15.12.010 Uniform Mechanical Code. The Uniform Mechanical Code, published by the International Conference of Building Officials, es- tablishes and provides minimum standards to safe- guard life and control the design, construction, in- stallation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscel- laneous heat-producing appliances in the city and its jurisdictional area; provides for issuance of permits and collection of fees therefor; and provides addi- tional or alternate penalties for violation of such e 258 e e e code. (Ord. 1389 ~ 8, 1994: Ord. 1350 ~ 1, 1992: Ord. 1288 ~ I, 1989: Ord. 1204 ~ 1 (part), 1986) 15.12.020 Mechanical permit fees. The fee schedule at Table No. 3-A of the Uniform Mechanical Code is amended to read as follows: Table No. 3-A MECHANICAL PERMIT FEES Cost of Mechanical System Mechanical Permit Fee 0----$1,000 $20 $1,001-$10,000 $20 for the first $1,000 plus $5 for each additional $1,000 or fraction thereof, to and including $10,000 $10,001~$50,000 $65 for first $10,000 plus $4 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001 $225 for first $50,000 plus $2 for each additional $1,000 or fraction thereof to and including $100,000 $100,000 $325 for first $100,000 plus $0.50 for each additional $1,000 or fraction thereof, to and including $1,000,000 $1,000,000 $775 for first $1,000,000 plus $0.25 for each addi- tional $1,000 or fraction thereof Note: The mechanical cost shall be the cost to the owner of all labor charges and all mechanical mate- rials and equipment installed as part of the mechani- cal system. The cost of the plumbing system, which 15.12.020-15.12.030 is covered by the Uniform Plumbing Code, is not to be included. (Ord. 1204 ~ 1 (part), 1986) 15.12.030 Amendments and additions to the Uniform Mechanical Code. The following is added to the most current adopted Uniform Mechanical Code Section 504(f): (d) LPG Appliances may be installed in single family dwellings not withstanding the prohibi- tion on the installation of such appliances by the UMC and the UPC provided: (i) All LPG piping is pressure tested to insure it is gas tight and not installed in concealed loca- tions. Concealed LPG piping means piping and fittings which, when in place in the finished buildings, would require removal of permanent construction to gain access to the piping. Piping may be installed in an attic, under floor area, including basement or crawl space, provided this area is adequately ventilated from at least two exposed sides of the building. Each ventilation opening shall be a minimum 006 square inches. (ii) The appliance is vented-type, approved by a nationally recognized testing organization, and installed in accordance with the manufacturer's recommendations. (iii) Automatically controlled LPG appliances shall be of the complete shut off type. Complete (100%) shut off means the gas to both the pilot light and the main gas burner(s) will shut off in the event of pilot outage. (iv) A readily accessible and identified shut off valve controlling the flow of gas to the entire gas piping system shall be installed near the point of connection to the service piping supply connection of the LPG tank. The container service valve may be used for this purpose. (v) The installer shall promptly report any accident/incident where LPG may have been a factor, or could become a contributing factor, to the building codes bureau by phone. If death or serious personal injury occurs or if property damage in excess of $500.00 results from any 259 Bouman ( 11-01) 15.14.010-15.16.030 such accident/incident, a written report shall be prepared by the installer and presented to the bureau within 15 days of the accident/incident. (vi) An LPG detection/shut-off valve system shall be installed that sounds an alarm and shuts off the main gas supply in the event of the detec- tion of LPG. The valve shall be solenoid type shut-off valve, held open when powered, and shall be located outside the building foundation. (Ord. 1350 9 2, 1992) Chapter 15.14 ENERGY CODE Sections: 15.14.010 Model Energy Code. 15.14.010 Model Energy Code. The Model Energy Code, published by the Council of American Building Officials, establishes minimum requirements for the design of new buildings and structures, and additions to existing buildings; regulating their exterior envelopes and selection of their heating, ventilation, air conditioning, service water heating, electrical distribution and illuminating systems and equipment for effective use of energy. (Ord. 1389 ~ 9, 1994: Ord. 13049 1, 1990) Chapter 15.16 PLUMBING CODE Sections: 15.16.010 15.16.015 15.16.020 15.16.030 Uniform Plumbing Code. Supplemental documents. Additions. Schedule of fees amended- Plumbing permit fees. (Bozeman 11-0 I) 15.16.010 Uniform Plumbing Code. The Uniform Plumbing Code, as published by the International Association of Plumbing and Mechani- cal Officials, regulates plumbing and drainage systems. (Ord. 152894,2000: Ord. 1389910,1994: Ord. 1351 9 1, 1992: Ord. 12899 1, 1989) e 15.16.015 Supplemental documents. To supplement the Uniform Plumbing Code, 1985 Edition, as modified by the state, the city adopts and incorporates by reference into the Bozeman Munici- pal Code the amendments as set forth in the Admin- istrative Rules of Montana at Section 8.70.301 et seq. which are incorporated by reference into the Bozeman Municipal Code. (Ord. 1260 ~ 1, 1988) 15.16.020 Additions. The following paragraph shall be added to the Uniform Plumbing Code. Add Section 20.16 to PART I-Administration of the Uniform Plumbing Code as follows: 20.16 CONNECTIONS TO SEWER AND WATER MAINS: The City of Bozeman shall make all service connections ( doing all necessary work and furnishing necessary materials) from the sewer and water mains to the property line; charges for such work shall be paid by the prop- erty owner or his agent and accompany the appli- cation for service connections. Water services, from property line to and including the water meter, shall be installed by the City Water De- partment upon proper application by the owner or his agent and receipt of a deposit based upon the estimated cost; provided, that any excess over the actual costs shall be refunded to the applicant upon completion of the work. Should the actual cost be more than the estimated deposit the own- er or his agent shall pay the additional fee. (Ord. 1289 ~ 2, 1989: Ord. 1203 92, 1986) e 15.16.030 Schedule of fees amended- Plumbing permit fees. The schedule of fees in the Uniform Plumbing Code is amended to read as follows: e 260 e e e PLUMBING PERMIT FEES Fee For issuing each permit ......... $15.00* For each plumbing fixture, or set of fixtures on one trap including water, drainage, piping and backflow protection thereof . . . . . . . . . . . . . . . . 6.00 For each building sewer and each trailer park sewer . . . . . . . . . . . . . .. 10.00 For each water heater and vent ...... 6.00 For each gas piping system: One to four outlets . . . . . . . . . . . . 6.00 Five or more, per outlet ........ 2.00 For installation, alteration or repair of water piping and/or water treatment equipment ......... 6.00 Building storm drains and/or rain water leaders per each 6.00 For repair or alteration of drainage or vent piping . . . . . . . . . . . . 6.00 For each lawn sprinkler system and/or fire protection system, including backflow devices . . . . . . . . . . . . . . . . 6.00 For each mobile home inspection including gas lines, venting and appliances, including issuance of permit . . . . . . . . . . . . . . . . . . . .. 22.50 * except for replacement of water heaters (Ord. 1351 ~ 2, 1992: Ord. 1289 ~ 3 (part), 1989: Ord. 1203 ~ 3, 1986) 260-1 Sections: 15.20.010 15.20.020 15.20.030 15.20.040 15.20.050 15.20.060 15.20.070 15.20.080 15.20.090 15.20.100 15.20.110 15.20.120 15.20.130 15.20.140 15.20.010-15.20.020 Chapter 15.20 BUILDING MOVING CODE Title for citation. Purpose of chapter provisions-Certain buildings exempt. Definitions and interpretation of language. Enforcement-Building official authority. House mover-License required. House mover-Bond or cash deposit required. Moving permit-Required. Moving permit-Application. Moving permit-Contents. Moving permit-Issuance authorized when. Moving permit-Fee schedule. Moving permit-Issuance restrictions and moving conditions. Responsibilities of permit holders. Moving permit-Revocation conditions. (Bozeman 6-96) 15.20.010 Title for citation. This chapter shall be known as the "moving code," may be cited as such, and will be referred to herein as "this code." (Prior code ~ 9.20.010) 15.20.020 Purpose of chapter provisions- Certain buildings exempt. A. The purpose of this code is to provide mini- e e e e e e mum standards to safeguard life, health, property and public welfare by regulating and controlling the moving or relocating of buildings and structures over, along or across highways, streets and alleys in the city. B. Exception. Building or structures less than two hundred fifty cubic feet in size shall be exempt from the provisions of this code. (Prior code ~ 9.20.020) 15.20.030 Definitions and interpretation of language. A. For the purpose of this code, certain abbrevia- tions, tenns, phrases, words and their derivations shall be construed as specified in this section. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine the masculine. B. "Building official" means the officer or other person charged by the director of public safety with the administration and enforcement of this code, or his duly authorized deputy. C. "Municipality" or "city." Wherever used in the code adopted in this chapter, "municipality" or "city" means the city of Bozeman. (prior code ~~ 9.20.040,9.20.050,9.20.060) 15.20.040 Enforcement-Building official authority. The building official is authorized and directed to enforce all the provisions of this code. (Prior code ~ 9.20.030(a)) 15.20.050 House mover-License required. Any person, finn or corporation who engages in the business of moving or relocating buildings or structures within, without or into the corporate city limits shall first obtain a house mover's license in accordance with Chapter 5.04. This license is not transferable or assignable to other persons, finns or corporations. (prior code ~ 9.20.030(b)) 15.20.030-15.20.060 15.20.060 House mover-Bond or cash deposit required. A. Bond. An applicant for a house mover's license shall file with the city a bond of two thou- sand dollars, conditioned that he will in good faith perfonn all work required by this code and other applicable city codes, and indemnify, save and hold the city hannless 260-3 (Bozeman 9-93) e e e . from any and all claims, demands, actions and damages which may arise on account of injuries to persons or properties caused by or related to the work authorized to be done pursuant to this code. This bond must be filed with the clerk of the city commission and must be ap- proved by the city attorney and the city com- mission. B. Cash Deposit in Lieu of Bond. Any per- son filing an application hereunder may, in lieu of the bond required above, file with the building official a cash deposit in the sum of twenty times the permit fee as an indem- nity for any damage which the city may sus- tain by reason of damage or "injury to any highway, street, or alley, sidewalk, fire hydrant or other property of the city, which may be caused by or be incidental to the removal of any building over, along or across any street in the city and to indemnify the city against any claim of damages to persons or private property, and to satisfy any claims by private individuals arising out of, caused by or inci- dental to the moving of any building over, along or across any street in the city. In no case need the cash deposit herein required be more than two thousand dollars. (Prior code @ 9.20.030 (c)) . 15.20.070 Moving pennit- Required. No building or structure shall be moved, removed or relocated within, without or into the city without first ,having obtained a moving permit from the building official. (Prior code @ 9.20.070) . 15.20.080 Moving permit-Application. A. Any person, firm or corporation seeking issuance of a permit under this chapter shall file an application for such permit with the building official. B. All applications for moving, removing or relocating of any buildings or structures in the city shall be made to the building official in writing upon forms furnished by the building department, and shall set forth the following information: 15.20.070-15.20.110 1. Address of present location; 2. Address of new location; 3. Type of construction (frame, masonry, masonry veneer, etc.); 4. Length, width and height of building or structure; 5. Specific route over which the building or structure is to be moved; 6. . Type of occupancy (dwelling, garage, office, etc.) for both old and new location; 7. Proposed moving date and time of day; 8. Any additional information which the building official finds necessary to make a fair determination of whether a permit should be issued. (Prior code @ 9.20.080) 15.20.090 Moving permit-Contents. The permit required by this chapter shall state the name of the person authorized to move the structure, shall describe the location from which and the location to which the structure is to be moved, and the route to be followed. (Prior code @ 9.20.090) 15.20.100 Moving permit-Issuance authorized when. If the applicant for a permit under this chap- ter is qualified and has the license and bond required elsewhere in this code and, in the judgment of the building official, the building or structure can be moved as contemplated, the building official shall issue a permit for the moving, except as provided in Section 15.20.120. (Prior code @ 9.20.100) 15.20.110 Moving permit-Fee schedule. A. The base fee for a moving permit shall be as follows: Volume Fee 250 cubic feet to 1,500 cubic feet. . . . . $ 5.00 1,501 cubic feet to 5,000 cubic feet.. .. 10.00 5,000 cubic feet to 10,000 cubic feet. . . . 20.00 10,001 cubic feet to 15,000 cubic feet. . . 30.00 15,00 I cubic feet to 20,000 cubic feet. . . 50.00 over 20,000 cubic feet. . . . . . . . . . . . . . . 100.00 261 15.20.120-15.20.130 Note: In the event a building is to be moved as two or more units, the fee shall be based upon a combination of the above rates. B. The above base fee shall be modified in accordance with the following: 1. If the moving distance is one-quarter mile or less, the fee shall be twenty-five percent of the base as determined above; 2. If the moving distance if over one-quarter mile but not more than one~half mile, the fee shall be fifty percent of the base as determined above; 3. If the moving distance is over one-half mile but not more than three-quarters of a mile, the fee shall be seventy-five percent of the base as determined above; 4. If the moving distance is more than three- quarters of a mile, the fee shall be one hundred percent of the base as determined above. C. If the building or structure to be relocated presently lies outside the city limits, the appli- cant shall pay a mileage fee of ten cents per mile for each mile acutally and necessarily traveled by the building official to make such inspection. Such fee shall be paid in advance, and shall be in addition to all other fees required by the chapter. (Prior code ~ 9.20.110) 15.20.120 Moving permit-Issuance restrictions and moving conditions. The following restrictions and conditions shall be observed before the issuance of a permit as required by this chapter: A. No permit shall be issued to any person, firm or corporation to move or relocate any building or structure upon another building site unless such use, building or proposed con- version thereof conforms to Title 18 (zoning), Chapter 15.04 (the building code), and all other pertinent portions of the municipal code. B. No permit shall be issued to any person, firm or corporation to move, remove or locate any building or structure which is so constructed or in such condition as to be dangerous or unsafe, or which is infested with pests or is unsanitary, or which, if it is a dwelling or habitation, is unfit for human habitation, or which is so dilapidated, defective or in such a condition of deterioration or disr.epair that its relocation at the proposed site would create a safety or health hazard, or would cause sub- stantial damage or material detriment to the property in the immediate vicinity of the pro- posed site. C. Every such application shall be accom- panied by the written consent of the chiefs of the fire and police departments, who shall be notified on the route to be taken and when the removal or relocation shall be made. D. The building official shall specify in the permit the route to be taken in the moving of a building, such means to be used to prevent the street pavement from being subjected to abnormal stresses as may be deemed necessary by the city engineer, and the limit of time which such building or structure shall be upon the streets or alleys. E. No circuit or box of the city fire alarm shall be disturbed in any manner except with the permission of the chief of the fire depart- ment. F. No building or structure which is being moved upon or over any street, alley or property of the city shall be occupied as living quarters while such building or structure is in transit. G. No permit as required by this chapter shall be issued unless the applicant shows that he has adequate machinery, appliances and equipment to safely complete the proposed moving. (Prior code ~ 9.20.120) . e: 15.20.130 Responsibilities of permit holders. Every permittee under this chapter shall: A. Move a building only over streets desig- nated for such use in the written permit; B. Notify the building official in writing of a desired change in moving date and hpurs as proposed in the application; C. Notify the building official in writing of any and all damage done to property belonging . 262 e e e to the city within twenty-four hours after the dam- age or injury has occurred; D. Cause warning lights to be displayed during the hours of darkness on every side of the building, while standing on a street, in such manner as to warn the public of the obstruction, and shall at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the moving or removal of the building; E. Remove the building from the city streets after four days of such occupancy, unless an exten- sion is granted by the director of public safety; F. Remove all rubbish and materials and fill all excavations to existing grade at the original building site so that the premises are left in a safe and sani- tary condition; G. Properly disconnect all utilities, plug the sanitary sewer with a concrete plug, and have the water department disconnect the water service. (Pri- or code ~ 9.20.130) 15.20.140 Moving permit-Revocation conditions. The building official is authorized and empow- ered to revoke any permit granted under the terms of this chapter if it becomes known to him that the permittee is in any manner failing to comply with the terms of this chapter, or when, in the opinion of the building official, public convenience and safety require such revocation. (Prior code ~ 9.20.140) Chapter 15.24 ABATEMENT OF DANGEROUS BUILDINGS CODE Sections: 15.24.010 Uniform Code for the Abatement of Dangerous Buildings. 15.20.140---15.24.010 15.24.010 Uniform Code for the Abatement of Dangerous Buildings. The Uniform Code for the Abatement of Danger- ous Buildings, published by the International Con- ference of Building Officials, provides ajust, equita- ble and practicable method to be cumulative with and in addition to any other remedy provided by the building code, housing code or otherwise available at law whereby buildings or structures in the city or its jurisdictional area which from any cause endan- ger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. (Ord. 1389 ~ 11, 1994: Ord. 1347 ~ 1, 1992: Ord. 1284 ~ I, 1989) Sections: 15.28.010 15.28.020 15.28.030 15.28.040 15.28.050 15.28.060 15.28.070 15.28.080 15.28.090 15.28.100 15.28.110 15.28.120 15.28.130 263 Chapter 15.28 DEMOLITION CODE Title for citation. Purpose and scope of provisions. Def'mitions and interpretation of language. Permit-Required. Permit-Issuance approved when. Permit-Issuance restrictions. Permit-Fee schedule. Demolition rubble disposal conditions-Fee schedule. Responsibilities of permit holder. Permit-Performance bond requirements. Permit-Surety bond required when. Failure to complete demolition----VVork performed by city-Costs. Permit-Revocation conditions. (Bozeman 6-%) 15.28.010-15.28.090 15.28.010 Title for citation. This chapter shall be known as the "demolition code," may be cited as such, and will be referred to herein as "this code." (Prior code ~ 14.24.010) 15.28.020 Purpose and scope of provisions. The purpose of this code is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the methods and procedures of demolishing buildings and structures and disposal of same. (Prior code ~ 14.24.020) 15.28.030 Definitions and interpretation of language. A. For the purpose of this code, certain terms, phrases, words and their derivations shall be con- strued as specified in this section. Words used in the masculine gender include the feminine, and the feminine the masculine. B. "Building official" means the officer or other person charged by the director of public safety with the administration and enforcement of this code, or his duly authorized deputy_ C. The words "municipality" or "city," whenever used in the code adopted in this chapter, means the city of Bozeman. (Prior code ~~ 14.24.030, 14.24.040, 14.24.050) 15.28.040 Permit-Required. No building or structure shall be demolished within the city without first having obtained a de- molition permit from the building official. (Prior code ~ 14.24.060) 15.28.050 Permit-Issuance approved when. If the applicant for a permit under this chapter is qualified and has the license and is bonded as re- quired elsewhere in this code, and in the judgment of the building official the building or structure can be demolished as contemplated, the building official shall issue a permit for the demolition except as provided in Section 15.28.060. (Prior code ~ 14.24.070) (Bozeman 6-96) 15.28.060 Permit-Issuance restrictions. The following restrictions and conditions shall be observed before the issuance of a permit as required by this chapter: A. No permit shall be issued to any person, firm or corporation to demolish any building or structure while any part thereof is occupied. B. No permit as required by this chapter shall be issued unless the applicant shows that he has ade- quate machinery, appliances, and equipment to complete safely the proposed demolition. (Prior code ~ 14.24.080) e 15.28.070 Permit-Fee schedule. The applicant for a permit under this chapter shall pay to the building official for the issuance of such permit at the time of issuance thereof, the following fee: Volume Under 5,000 cubic feet 5,001 cubic feet to 10,000 cubic feet 10,001 cubic feet to 15,000 cubic feet 15,001 cubic feet and over (Prior code ~ 14.24.090) Fee $ 5.00 10.00 15.00 20.00 e 15.28.080 Demolition rubble disposal conditions-Fee schedule. The permittee may deposit rubble at the Bozeman sanitary landfill site only after depositing with the building official sufficient funds to provide for the disposal of the rubble based on the following sched- ule: Pickup trucks 3-5 yard trucks 6-10 yard trucks 11-14 yard trucks 15-19 yard trucks 20-25 yard trucks (Prior code ~ 14.24.100) $ 6.00 10.00 15.00 20.00 25.00 30.00 15.28.090 Responsibilities of permit holder. Every permittee under the chapter shall: 264 e e e e A. Conform strictly to the requirements of Chap- ter 44 of the Uniform Building Code of the city of Bozeman; B. Remove all rubbish and waste materials and fill all excavations to existing grade at the site so that the premises are left in a safe and sanitary condition; C. Properly disconnect all utilities, plug the sanitary sewer with a concrete plug, and have the water department disconnect the water service; D. Notify the building official in writing of any and all damages done to the public property within twenty-four hours after the damage or injury has occurred. (Prior code ~ 14.24.110) 15.28.100 Permit-Performance bond requirements. Every person, finn or corporation applying for a demolition permit shall file with the city a bond in the sum of two thousand dollars, conditioned that he will in good faith perform all work required by the code and other applicable codes of the city, and indemnify and save and hold harmless the city from any and all claims, demands, actions and damages which may arise on account of injuries to persons or properties caused by or related to the work autho- rized to be done pursuant to this code. Such bonds must be filed with the building official. (prior code ~ 14.24.120) 15.28.110 Permit-Surety bond required when. A. Every person, firm or corporation applying for a demolition permit shall file with the building official a surety bond, in the sum of one hundred twenty-five percent of the contract price issued by an insurance company authorized to do business in the state, to insure that all work is completed in a proper and safe manner and in accordance with all the provisions of this chapter. In no case shall the surety bond be less than five thousand dollars. B. Exception. The provisions ofthis section shall not apply to single-family residences, garages, out- buildings, or customary accessory buildings or struc- tures. (Prior code ~ 14.24.130) 15.28.100-15.30.010 15.28.120 Failure to complete demolition- Work performed by city-Costs. If the permittee fails or refuses to complete the demolition authorized by this chapter within a rea~ sonable period of time, and, after ten days' written notice having been given to the permittee and own~ er, the city may proceed to have the necessary work completed, and may recover the expense of such work from the surety bond required to be posted by Section 15.28.110. (Prior code ~ 14.24.140) 15.28.130 Permit-Revocation conditions. The building official is authorized and empow- ered to revoke any permit granted under the terms of this chapter if it becomes known to him that the permittee is in any manner failing to comply with the terms of this chapter, or when, in the opinion of the building official, public convenience and safety require such revocation. (Prior code ~ 14.24.150) Chapter 15.30 BUILDING CONSERVATION Sections: 15.30.010 Uniform Code for Building Conservation. 15.30.010 Uniform Code for Building Conservation. The Uniform Building Code for Building Conser- vation, published by the International Conference of Building Officials, encourages the continued use and reuse of legally existing historic buildings and struc.- tures by providing the minimum standards for change of occupancy, alteration or repair of existing buildings and structures. (Ord. 1389 ~ 12, 1994: Ord. 1349 ~ 1, 1992) 265 (Bozeman 6-96) 15.32.010--15.32.020 Chapter 15.32 SIGN CODE* Sections: 15.32.010 Document adopted by reference-Copies on file. Uniform Sign Code-Additions and deletions. 15.32.020 15.32.010 Document adopted by reference- Copies on file. A certain document, three copies of which are on file in the office of the building official of the city of Bozeman, being marked and designated as "Uni- form Sign Code, 1979 Edition, as Published by the International Conference of Building Officials," on file in the office of the building official, is referred to, adopted, and made a part hereof as if fully set out in this chapter, save and except such portions thereof as have been deleted, modified or amended in the aforementioned official copies. (Ord. 1106 ~ 1, 1982) 15.32.020 Uniform Sign Code-Additions and deletions. A. Chapter 1. Add the following paragraphs to Section 103: * Prior code history: Prior code H 14.16.010 and 14.16.020. (e) License required. Any person or firm who engages in the business of fabrication, instal- lation, alteration, maintenance or repair of signs in the City of Bozeman is required to have a City Contractor's license as required by the license code of the City of Bozeman. (f) Bond. The applicant for a sign contractor's license shall file with the City, a bond in the sum of Two Thousand Dollars ($2,000) conditioned that he will in good faith perform all things required of him by the laws of the City. Said bond must be filed in the office of the Building Official for approval. (Bozeman 6-96) 266 B. Chapter 3. 1. Delete 303-3. e e e e e e 2. Add the following section as follows: Fee Schedule. Section 307. (a) Sign area not exceeding 35 square feet..... ............. $15.00 (b) Sign area exceeds 35 square feet but not exceeding 100 square feet. . . . . . . . . . . . . . . . .. 25.00 (c) Sign area exceeds 100 square feet but does not exceed 200 square feet. . . . . . . . . . . . . . . . .. 35.00 (d) Sign area exceeds 200 sq uare feet but does not exceed 300 square feet. . . . . . . . . . . . . . . . .. 40.00 Signs larger than 300 square feet are not permitted. (e) Signs or banners as described in Chapter 14, Section 1402-C. Plus removal deposit of $100 . .. 10.00 (f) Mobile or portable signs as described in Chapter 14, Section 1403 (monthly fee). . . . . . . . . .. 15.00 C. Chapter 4. Change Section 402(c) to read as follows: Ground signs may be constructed of any material meeting the requirements of this Code. Exception: Small (not to exceed 30 square feet nor more than six feet in any dimen- sion and no more than six feet high) directory type ground signs shall be con- structed of heavy timber - two inch nominal thickness lumber - if erected on private property and in such a manner so as to maintain the proper sign distance re- quired at intersections by the Zoning Code of the City of Bozeman. Combination signs, roof signs, wall signs, projecting signs and signs of marquees shall be constructed of noncombustible materials, except as provided in Subsection (d) of this section. No combustible materials other than approved plastics shall be used in the con- struction of electric signs. 15.32.020 Exception: Small flush mounted wall signs and projecting signs, not exceeding fifteen square feet, constructed of heavy timber - two inch nominal thickness lumber - may be approved by the City Manager, or his de- signee, upon application showing: 1. Size of the sign, 2. Size and kind of material to be used, 3. Location of sign on the building, and 4. Evidence that such combustible sign will not significantly contribute to the spread of conflagra tion. D. Chapter 6. Add the following section as follows: Height. Section 604. No pole sign shall be erected to a height exceeding forty feet (40') above the ground, except, however, that pole signs within an area lying not more than one thousand feet (1,000') at right angles to the centerline of Interstate 90 may be erected to a maximum of sixty feet (60'). E. Chapter 13. Add the following section as follows: Limitations. Section 1303. 1. There shall be no flashing of all ele- ments simultaneously, or any flashing effect which could be misconstrued as a traffic con- trol device. 2. Revolving beacon lighted SIgns or beacon lights shall be prohibited. 3. All electric signs shall be not less than ten feet above grade at the bottom of the sign with the following exceptions: a. Signs described in Chapter 14, Section 1403. b. Enclosed plastic faced fluorescent signs that are on a GFI (ground fault interrupter) electrical circuit and located on private property shall be not less than three feet above grade at the bottom of the sign. No portion of such sign shall project over or onto public property, public right-of-way or 267 (Bozeman 3-87) 15.32.020 private street as approved by the City Com- mission. F. Chapter 14. Add the following sections. 1. Section 1402-C. Clearance. Cloth signs (banners) may extend across a public street only by permission of the City Manager, or his designated representative, and shall be subject to all related laws and ordi- nances. Temporary signs, other than cloth, when 8 feet or more above the ground, may project not more than 6 inches over public property or beyond the legal setback line. 2. Section 1402-D. Removal. A deposit of $ I 00 shall be made with the Building Official at the time the permit is issued. Said deposit will be refunded to the permittee if the temporary sign or banner is removed within one week from the last day of the function for which the sign or banner was approved. If the banner is not removed within one week the City of Bozeman will remove the banner and the $100 deposit is therefore forfeited. 3. Section 1402.E. Commercial Adver- tising. Cloth signs (banners) extending across a public street, as provided in Section 1402-C above, shall contain no commercial logos or advertising of any kind. 4. Section 1402-F. Use of City Equip- ment. City equipment shall not be used to erect or remove banners except as provided in Sec- tion 1402-D above or with special permission of the City Manager. 5. Section 1403. Mobile (Trailer Type) or Portable Signs. Mobile (trailer-type) or Portable Signs that are commonly used as portable advertising displays that are located so as to maintain the proper sight distance required at intersections by the Zoning Code of the City of Bozeman may be permitted providing they are in con- formance with the following requirements. (Bozeman 3-87) 1. Owners or lesses of the above.type signs, whether new or existing, must obtain a permit for said sign within thirty days of the effective date of this ordinance. Permits shall be obtained between the first and tenth of each month. Signs for which permits have not been issued by the tenth of each month shall be in violation of this chapter. 2. The permit shall be valid for no more than one month from date of issue. Said sign may remain in the same location; however, a new permit shall be obtained every month thereafter. 3. Only one sign of this type shall be allowed per place of business or single prop- erty. 4. Signs that are to be electrically con- nected must be in conformance with the Elec- trical Code as adopted by the City of Bozeman. 5. Signs will not be permitted on public property. 6. Signs larger than seven feet high by twelve feet long (84 sq. ft.) will not be per- mitted. 7. Signs are to be placed at grade levels and may not be located on roofs, portions of buildings, vehicles or areas similar to those listed. 8. Signs located within 150 feet of resi- dential areas may not be illuminated from 11:00 p.m. to 6:30 a.m. The number of feet occupied by public streets, roads, alleys and other public ways shall be excluded in deter. mining the 150 foot requirements. (Ord. 1172 ~ 1,1985: Ord. 1170 @ 1,1984) e e 268 e e e e Chapter 15.36 FIRE CODE Sections: 15.36.010 Adoption by reference of the Uniform Fire Code, Uniform Fire Code Standards and Administrative Rules. Violation-Penalty . 15.36.020 15.36.010 Adoption by reference of the Uniform Fire Code, Uniform Fire Code Standards and Administrative Rules. A. The current edition ofthe Uniform Fire Code and appendices, and the Uniform Fire Code Stan- dards, adopted by the Fire Prevention and Investiga- tion 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. B. 1. In addition to those adopted in subsection A of this section above, the city specifically adopts by reference and incorporates in this chapter the following portions of current edition of the Uniform Fire Code: a. Appendix I-A Section 1, part 1.1, and Sections 2, 3, 4 and 5 in their entirety; b. Appendix III - A; and c. Appendix III - B. 2. All provisions adopted herein are immediately enforceable by the city with exception of Appendix I-A, Section 4 entitled Basement Access or Sprinkler Protection. The requirements set forth in that provision shall become enforceable only upon the occurrence of any of the following: a. Change of ownership; b. Change of use as defined by the Uniform Building Code; or c. Any alterations, additions or repairs affecting the plumbing, are structural, or electrical in nature. 15.36.010--15.36.020 C. One copy of the current edition of the code shall be kept on file in the office of the clerk of the commission of the city, 411 East Main Street, Bozeman, Montana, and one copy shall be kept on file in the office of the fire department of the city. D. Any amendments adopted by the Fire Preven- tion and Investigation Bureau which apply to local government jurisdictions, including the adoption of the latest editions of the Uniform Fire Code or applicable Administrative Rules of Montana, shall become effective in the city ninety days after the date the Bureau notifies the city of the amendments. E. A copy of the amendment notification will be kept in the office of the clerk of the commission. F. The Uniform Fire Code, Uniform Fire Code Standards and Administrative Rules of Montana, as adopted above, are applicable within the city limits of Bozeman. (Ord. 1511 9 1,2000: Ord.I443 91,1997: Ord. 13709 1,1993: Ord. 1305 S 1, 1990: Ord. 1208 9 1, 1986: prior code S 13.04.010) 15.36.020 Violation-Penalty. Any person, firm, business or corporation, who erects, constructs, reconstructs, enlarges, alters, repairs, moves, improves, removes, converts, equips, uses, changes the use of, occupies or maintains any building or structure in violation of any provision of this code shall be guilty of a misdemeanor criminal offense punishable by a fine not to exceed five hundred dollars, or be imprisoned in the county jail for any term not to exceed six months, or both. Each day the violation is allowed to continue shall be deemed a separate chargeable criminal offense. (Ord. 1511 92,2001: Ord. 1305 S 2, 1990) Chapter 15.37 FIRE CODE BOARD OF APPEALS Sections: 15.37.010 15.37.020 Creation. Membership-Meetings. 268-1 (Bozeman 11-01) 15.37.010--15.40.010 15.37.010 Creation. The city commission of the city shall appoint a fire code board of appeals, hereinafter referred to as "board," and designate the board to determine the suitability of alternate materials and types of con- struction under the Uniform Fire Code and to provide reasonable interpretation of the Uniform Fire Code, as adopted by the city. (Ord. 1444 ~ 1 (part), 1997) 15.37.020 Mem bersbip--Meetings. A. The board shall consist of five members, appointed by the city commission, who are qualified by experience and training to pass upon pertinent matters. Each member may be reappointed without limitation on the number of reappointments. The fire chief, or his designee, shall be an ex officio member and shall act as secretary of the board. B. Initial terms of office shall be as follows: one appointed for one year, two appointed for two years and two appointed for three years. Succeeding ap- pointments shall be for a period of three years. C. Vacancies shall be filled in the same manner as original appointments for the balance of the term remammg. D. Persons of legal age may be appointed to the board. A majority of the board shall be residents of the city. Nonresident members ofthe board shall live within the zoning jurisdictional area and shall have some interest in the city by virtue of working in the city, owning property in the city or entering the city frequently for any lawful purpose. E. Members shall serve without compensation for their time and services. F. Meetings of the board shall be conducted in accordance with all applicable rules and regulations of the city and the minimum bylaw provisions adopted by the board and approved by the commis- sion. G. The board shall hear appeals not more than thirty days after filing thereof, and render all deci- sions and findings in writing to the fire chief, or his designee, with a copy to the appellant. H. Any expenses incurred must first be approved by the city commission. (Ord. 1444 ~ I (part), 1997) (Bozeman 11-01) Chapter 15.40 e FIRE ZONES Sections: 15.40.010 Fire zones created-Boundaries described. 15.40.010 Fire zones created-Boundaries described. For the purpose of controlling and regulating the erection of buildings and other structures within the corporate city limits and promoting and protecting the safety of persons and property within the city from the hazard of fire, the entire city of Bozeman within its corporate limits is created and established as a fire district divided into two zones, to be known and designated as "Fire Zone Number One" and "Fire Zone Number Three," which are likewise created and established, bounded and described as follows: A. The boundaries of Fire Zone Number One under this chapter are as follows; e Part 1 Beginning at the iron pipe marking the center of Section 12, Township 2 South, Range 5 East, said point also being the intersection of the centerlines of West Babcock Street and South Eleventh Avenue; thence westerly along the east-west one-quarter section line of said Section 12, said line also being the centerline of West Babcock Street, to the point of intersection of said centerline with the centerline of West Main Street; thence easterly along the cen- terline of West Main Street to the intersection of said centerline and the centerline of North Twentieth A ve- nue; thence northerly along the centerline of North Twentieth to a point 323.12 feet south of the center- line of West Beall Street; thence easterly parallel to and 323.12 feet distant southerly from the centerline of West Beall Street, to the section line common to Section 11 and 12; thence continuing easterly to the northwesterly corner of Block 1, Kirk Second Sub- division; thence easterly along the north line of said Block I to the southwest comer of Block 3 of said e 268-2 e e e 15.40.010 subdivision; thence easterly along the southerly line of said Block 3 to the northeast corner of said Block 3; thence easterly a distance of30 feet to the center- line of North Fifteenth Avenue; thence southerly along the centerline ofNor;th Fifteenth A venue to the point of intersection of said centerline and the centerline of West Main Street; thence easterly along the centerline of West Main Street to the north-south one-quarter section line of Section 12; thence north- erly along said one-quarter section line to a point, said point being the point of intersection of said one- quarter section line and the centerline of West Mendenhall Street extended; thence easterly along the centerline of West Mendenhall to the point of intersection of said centerline with the centerline of North Eighth A venue; thence northerly along the centerline of North Eighth Avenue to the point of intersection of said centerline with the centerline of West Villard Street; 268-2a (Bozeman 11..01) e e e e e e 15.40.010 thence easterly along the centerline of West Villard Street to a point, said point being the point of inter- section of the centerline of West Villard Street and the east line extended of Tract 13 of Durston Subdi- vision; thence northerly along said east line and east line extended to the point of intersection of said east line extended and the centerline of Durston Road; thence easterly along the centerline of Durston Road to the point of intersection of said centerline with the centerline extended of the alley of Block 1, Durston's Second Subdivision, said point of inter- section being 240 feet distant westerly from the centerline of North Seventh Avenue; thence norther- ly parallel to and 240 feet distant westerly from the centerline of North Seventh A venue to the point of intersection with the east-west one-quarter section line of Section 1; thence westerly along the said one-quarter section line a distance of 160 feet to a point 268-3 (Bouman 4.98) e e e .' 350 feet distant westerly from the centerline of North Seventh Avenue, thence north I degree 16 minutes 30 seconds east a distance of 325 feet to a point; thence north 88 degrees zero minutes west a distance of 75 feet to a point; thence north 1 degree 16 minutes 30 seconds east a distance of 300.84 feet to a point; thence north 88 degrees zero minutes west a distance of 107.6 feet to a point; thence north 51 degrees 6 minutes west a distance of 356.98 feet to a point; thence north 38 degrees 50 minutes 34 seconds east along the northwesterly property line of the Holiday Inn to a point on the centerline of Baxter Lane, a distance of 555 feet; thence southeasterly on and along the centerline of Baxter Lane to the intersection of the centerline of North Seventh Avenue; thence easterly along the centerline of Baxter Road a distance of 21 7 feet to the point of intersection with the east line of Westlake's Annexation; thence southerly parallel to and 217 feet distant easterly from the centerline of North Seventh Avenue to the southeast corner of West lakes Second Subdivision; thence across West Hemlock Street to the centerline of the north-south alley in Block 4, North Seventh Addition; thence southerly parallel to and 247 feet distant easterly from the center. line of North Seventh Avenue to the north line of Shonkwilers Addition; thence easterly along the said north line of Shonkwilers Addi- tion to the centerline of vacated North Sixth Avenue; thence southerly along said centerline to the point of intersection of said centerline and the centerline of West Short Street; thence westerly along the centerline of West Short Street to the point of intersection of said centerline and the centerline of the alley of Block 3, Violett Addition; thence southerly along said alley centerline to the point of intersection of said alley centerline and the centerline of West Villard Street; thence easterly along the centerline of West Villard Street to the point of intersection of the centerline of West Villard Street and the centerline of North Fifth Avenue; thence southerly along the . . 15.40.010 centerline of North Fifth Avenue to the point of intersection of the centerline of North Fifth Avenue and the centerline of West Beall Street; thence westerly along the centerline of West Beall Street to the point of intersection of said centerline and the west lot line extended of Lot 28, Block E, Tracy's 3rd Addition; thence southerly along the west lot line of Lots 28, 24 and 10 of Block E of Tracy's 3rd Addition, across West Lamme Street, continuing southerly along the west lot line of Lot 33, Block E, Tracy's 2nd Addition and said lot line extended to the centerline of the alley of Block E, Tracy's 2nd Addition; thence easterly along the center- line of said alley to the point of intersection of said centerline and the centerline of North Third Avenue; thence northerly along the centerline of North Third Avenue to the point of intersection of said centerline and the center- line of West Lamme Street; thence easterly along the centerline of West Lamme Street to the point of intersection of said centerline and the centerline of North Grand Avenue; thence northerly along the centerline of North Grand Avenue to the point of intersection of said centerline and the north lot line extended of Lot 18, Block 4, Bealls 3rd Addition; thence easterly along said lot line extended and the north lot line and lot line extended of Lot 7, Block 4, Bealls 3rd Addition to the centerline of North Willson Avenue; thence northerly along the centerline of North Willson Avenue to the point of intersection of said centerline and the centerline of West Villard Street; thence easterly along the centerline of West Villard Street to the point of intersection of said centerline and the centerline of North Tracy Avenue; thence southerly along the centerline of North Tracy Avenue to the point of inter- section of said centerline and the centerline of East Lamme Street; thence easterly along the centerline of East Lamme Street to the point of intersection of said centerline and the centerline of North Rouse Avenue; thence southerly along the centerline of North Rouse Avenue to the point of intersection of said 269 15.40.010 centerline and the centerline of East Mendenhall Street; thence easterly along the centerline of East Mendenhall Street to the point of inter- section of said centerline and the centerline of North Broadway Avenue; thence southerly along the centerline of North Broadway Avenue to a point 150 feet northerly from the center. line of East Main Street; thence easterly parallel to and ISO feet distant northerly from the centerline of East Main Street to the east line of the Northern Pacific Addition; thence south. erly along said east line to the point of inter- section of the north line extended of the vacated alley of Block 16, Northern Pacific Addition; thence westerly along said north line extended to the west line of vacated Switzler Avenue; thence northerly along said west line to the north line of the Marwyn Rearrangement; thence westerly along said north line to the centerline of vacated South Alysworth Avenue; thence northerly along the centerline of vacated South Alysworth Avenue to the point of inter. section of said centerline with the centerline of the vacated alley of Block 23, Northern Pacific Addition; thence westerly along the centerlines of the alley of Blocks 22 and 23 of Northern Pacific Addition to the point of inter- section of said centerline with the centerline of South Cypress Avenue; thence northerly along the centerline of Cypress Avenue to the point of intersection of said centerline and the centerline of East Main Street; thence westerly along the centerline of East Main Street a distance of 510 feet more or less to a point; thence southerly parallel to and 207 feet distant westerly from the centerline of Buttonwood Avenue a distance of 355 feet more or less to the centerline of East Babcock Street ex- tended; thence westerly along the centerline of East Babcock Street and said centerline extended to the point of intersection of said centerline and the centerline of the north- south alley of Block A, Harpers Addition; thence southerly along the centerline of said alley to the point of intersection of the center- line of the said alley and the centerline of the east.west alley of said Block A; thence westerly along the centerline of said east.west alley and said centerline extended parallel to and 180 feet distant southerly from the centerline of East Babcock Street t.o a point in Block B, Black's Addition, said point being 151.5 feet west of the east block line and 150 feet south of the north block line of said Block B; thence southerly parallel to and 151.5 feet distant westerly from said east block line to the center. line of East Olive Street; thence westerly along the centerline of East and West Olive Streets to the point of intersection of the centerline of West Olive Street and the centerline of South Fourth Avenue; thence northerly along the centerline of South Fourth Avenue to the point of intersection of said centerline and the centerline of West Babcock Street; thence westerly along the centerline of West Babcock Street to the point of intersection of said centerline and the centerline of South Fifth Avenue; thence northerly along the centerline of South Fifth Avenue to the point of inter- section of said centerline and the centerline of the alley in Block E, Story's Addition; thence westerly along the centerline of said alley to the point of intersection of said alley centerline and the centerline of South Seventh Avenue; thence southerly along the centerline of South Seventh Avenue to the point of intersection of said centerline and the centerline of West Babcock Street; thence westerly along the centerline of West Babcock Street to the point of intersection of said centerline and the center- line of South Eighth Avenue; thence northerly along the centerline of South Eighth Avenue to the point of intersection of said centerline and the centerline of the alley of Block F, Story's Addition; said point also being 168 feet north of the centerline of West Babcock Street; thence westerly parallel to and 168 feet distant northerly from the centerline of West Babcock Street to the north.south one. ... quarter section line of Section 12; thence southerly along said one-quarter section line to the center of Section 12, said point being the point of beginning. . . . 270 . Part 2 Beginning at the south one-quarter corner of Section 12, Township 2 South, Range 5 East, said corner also being the point of inter. section of the centerline of South Eleventh Avenue and the centerline of West College Street; thence westerly along the centerline of West College Street a distance of 180 feet; thence northerly parallel to and 180 feet distant westerly from the centerline of South Eleventh Avenue a distance of 290.4 feet; thence easterly parallel to and 290.4 feet distant northerly from the centerline of West College Street a distance of 150 feet to the east line of Block 24 of the West Side Addition; thence southeasterly across South Eleventh Avenue to the north- west corner of Lot 21, Block 52 West Park Addition; thence easterly along the north lot lines of Lots 21 and 8, Block 52; thence con~ tinuing easterly across South Tenth Avenue to the northwest corner of Lot 21, Block 51 West Park Addition; thence easterly along the north lot lines of Lots 21 and 8, Block 51; thence continuing easterly across South Ninth Avenue to the northwest corner of Lots 21, Block 50, West Park Addition; thence easterly along the north lines of Lots 21 and 8 of Block 50; thence continuing easterly to the center- line of South Eighth Avenue; thence northerly along the centerline of Eighth Avenue to the point of intersection of said centerline and the centerline of West Alderson Street; thence easterly along the centerline of West Alderson Street to the point of intersection of said centerline with the centerline of the alley of Block 49, West Park Addition; thence southerly along the centerline of the alley to the point of intersection of said alley centerline to the centerline of West College Street; thence west- erly along the centerline of West College Street to the point of intersection of said centerline and the centerline of South Eleventh Avenue; thence southerly along the centerline of South Eleventh Avenue a distance of thirty feet to the south one-quarter corner of Section 12 said point being the point of beginning. . . 15.44.010-15.44.030 B. The boundaries of Fire Zone Number Three under this section are as follows: All of the land within the city limits of Bozeman which are not included within the boundaries of Fire Zone Number One. (Prior code @ 14.04.010) .Chapter 15.44 EXCA V A nONS Sections: 15.44.010 Permit required for all excavations. Excavation without permit deemed nuisance. PennissibIe excavations described -Permit issuance conditions. Violation-Penalty. 15.44.020 15.44.030 15.44.040 15.44.010 Permit required for all excavations. It is unlawful for any person or persons, corporation and/or association to excavate on any lot, lots or parcels of ground within the corporate limits of the city without having first applied for and received a written permit to do so, issued and signed by the director of public safety. (Prior code ~ 6.20.020) 15.44.020 Excavation without permit deemed nuisance. The excavation on any lot, lots, parcel or parcels of ground within the city for which no permit has been procured as hereinafter pro- vided is defined and declared to be a nuisance. (Prior code @ 6.20.010) 15.44.030 Permissible excavations described- Permit issuance conditions. The director of public safety shall have no authority to issue a permit for any excavation below the grade established for sidewalks abutting any lot, lots or parcel of land within the area of any platted subdivision of the city, but this provision shall not be construed to 271 15.44.040 prevent the director of public safety and/or building inspector from granting a permit for such excavation in, and as a part of, a building and/or improvement permit for a basement, foundation or other excavation inci. dental to and a part of any building or other bona fide improvement to be made or erected upon any such lot, lots or parcel, of land within a platted subdivision. As to land within the corporate limits of the city not included within a platted subdivision, no excavation shall be made without a permit as herein provided, but the granting or withholding of such permit shall be within the sound and reasonable discretion of the director of public safety, subject to review by the city commission at any regular meeting thereof. (Prior code @ 6.20.030) 15.44.040 Violation-Penalty. Any person, persons, corporation and/or association and/or group of persons guilty of a violation of this chapter shall be fined in any sum not exceeding three hundred dollars, and the person and/or persons directly engaged in making such unpermitted excavation and the person, persons, corporation and/or asso~ dation under and by whose direction and/or authority such unpermitted excavation is made shall each and severally be deemed guilty of violating this chapter and subject to the penalty herein provided. If such fine is not paid, the person upon whom it is imposed shall serve it out in the city or county jail at the rate of one day for each two dollars thereof. (Prior code ~ 6.20.040) Chapter 15.48 OVERHEAD ELECTRICAL LINES Sections: 15.48.010 National Electrical Safety Code applicable. 15.48.020 Chapter provisions do not affect Chapter 15.08. 15.48.030 15.48.040 15.48.050 15.48.060 15.48.070 15.48.080 15.48.090 15.48.100 15.48.110 15.48.120 15.48.130 15.48.140 15.48.150 15.48.160 15.48.170 15.48.180 15.48.190 15.48.200 15.48.210 15.48.220 15.48.230 15.48.240 15.48.250 15.48.260 15.48.270 15.48.280 15.48.290 15.48.300 15.48.310 272 Location of poles and lines. Change of pole locations-City rights reserved. Electric wires-Climbing space. Electric wires-Space between crossarms- Exceptions- Primary taps. Electric wires-Crossarm construction. Electric wires-Bridge arms. Electric wires-Double arms. Electric wires-Guy wires and anchors. Electric wires-Guy insulation. Electric wires-Guy clearance. Electric wires-Arc lamps. Electric wires-Wire insulation. Electric wires- Voltage covered by chapter. Electric wires-Voltage used for street railways excepted. Signal wires-Crossarms. Signal wires-Climbing space. Signal wires-Guy insulation. Signal wires-Aerial cable.supports. Joint use-Separation of wires. J oint use-Climbing space and crossarms. Joint use-Guy insulation. J oint use-Climbing space where lines not parallel. Construction-Pole quality. Construction-Side arms. Construction-Guy wire protection. Construction-Wire crossings. Ground wires and cables run vertically - Pro tection from damage. Generating and substation equipment- Logbook - Warning signs required when. First-aid and protective devices required where. . . ... . . . . 15.48.3 20 Air-gap and oil-break switches- Number of electricians- Circuit-breaking devices. Fuse requirements. Safety-Headroom, guarding passages, grounding wires. Safety-Manhole openings- Surface watchman. Fire and police signal wires on private poles. Liability limitations. Violation- Penalty. 15.48.330 15.48.340 15.48.350 15.48.360 15.48.370 15.48.380 15.48.010 National Electrical Safety Code applicable. Details of construction not specifically covered or made a part hereof shall be governed by the rules laid down in the National Electrical Safety Code, Handbook Series of the Bureau of Standards No.3, and each subsequent modi- fications as may be endorsed by said Bureau of Standards. (Prior code ~ 15.08.340) 15.48.020 Chapter provisions do not affect Chapter 15.08. Nothing contained in this chapter shall be so construed as to repeal Chapter 15.08, or any part thereof. (Prior code ~ 15.08.380) 15.48.030 Location of poles and lines. A. Wherever possible, lines shall be erected in alleys. Lines shall be laid out, wherever possible, so as to follow one side of the street or alley so that the number of street crossings and comers shall be reduced to the minimum. B. No poles except ornamental light poles shall be erected or maintained on the follow- ing streets: Main Street, between the east side of Wallace Avenue and the west side of Fifth Avenue; Mendenhall Street between the east side of Wallace Avenue and the west side of Fifth Avenue; Babcock Street between the east side of Wallace Avenue and the west side of Fifth Avenue; except where necessary to main. tain municipal lamps and service wires. C. New pole locations shall be made under 15.48.010-15.48.060 the direction of the city engineer and with the approval of the city commission. D. Where double-pole lines are necessary for light and power and for signal wires on one side of a street or alley, the construction shall be governed by the rules and specifications governing joint pole line construction. (Prior code ~ 15.08.010) 15.48.040 Change of pole locations-City rights reserved. The city expressly reserves the right to order and enforce the change of location of any and all poles or appliances erected or maintained whenever the city engineer orders any such change of location, and such change of location shall be made at the expense of the person, company or corporation owning or using any such pole or appliance. (Prior code ~ 15.08.360) 15.48.050 Electric wires-Climbing space. Any person, copartnership or corporation owning or using any pole or appliance on which is run, placed, erected or maintained, in the city, any wire or cable used or to be used to conduct or carry electricity for the purpose of light, heat or power, shall provide and main- tain an unobstructed climbing space adjacent to any such pole or appliance so that persons shall be able to ascend any such pole or ap. pliance with reasonable safety and convenience up to and through the wires, connections, attachments and structures of any such pole or appliance; and in all such cases where any buck or reverse arm is used, or where special construction is used, there shall be provided and maintained an unobstructed climbing space not less than twenty.two inches square, omitting the area of any such pole or appliance. (Prior code @ 15.08.020) 15.48.060 Electric wires-Space between crossarms- Exceptions- Primary taps. A. At least one standard pole gain, or the equivalent of four feet, shall be left vacant 273 15.48.070~I5.48.1IO between the nearest crossarm on which is placed or maintained any wire or cable conducting or carrying more than four hundred and forty volts of electricity, and any crossarm occupied by or used for wires or cables carrying four hundred and forty volts or less. B. The standard pole gain shall be spaced not less than twenty-four inches, center to center, except that one buck or reverse arm may be placed not more than twelve inches below any crossarm; provided, that this section shall be held not to apply to bridge construc- tion; and further provided, that it shall be held not to apply to primary taps to trans- formers on poles; and provided further, that all such primary taps leading to transformers on poles shall be of double-braid, rubber- covered wre of at least twenty-two hundred volts' insulation. (Prior code ~ 15.08.030) 15.48.070 Electric wires-Crossarm construction. All crossarms shall be made from clear, straight-grained wood, or standardized ma- terial. The cross-section of wood arms shall be not less than three and one-half by four and one-half inches. The pin spacing shall be, for six-pin arms, not less than thirty-inch center for pole pin spacing, fourteen-inch side spacing, and five-inch and spacing; and four-pin arms not less than thirty-inch center for pole pin spacing, fourteen-inch side spacing and five- inch and spacing. (Prior code @ 15.08.040) 15.48.080 Electric wires- Bridge arms. Bridge arms having the same pin spacing as the standard crossarm nd a cross-section of not less than four by six inches may be installed in alleys or at alley and street inter- sections wherever such construction may be proper to provide the necessary clearance for fire escapes and other obstructions which may overhang the alley. All such structures shall be provided with idle arm, or span wire, for use of workmen. (Prior code @ 15.08.050) 15.48.090 Electric wires-Double arms. Double arms, if of wood, shall be used at all line terminals, corners and curves where there is excessive strain. All double arms must be blocked and bolted in accordance with standard practice. All po1ces on which wires are perma- nently dead-ended shall be double-armed. (Prior code ~ 15.08.060) . 15.48.100 Electric wires-Guy wires and anchors. All guy wires, when attached to poles, stubs or other ungrounded supports, shall not reach within eight feet of the ground. Guy anchors may be installed, or guy wires may be attached to rocks or other grounded supports. (Prior code @ 15.08.070) 15.48.110 Electric wires-Guy insulation. Any guy wire attached to any pole or ap- pliance on which is run, placed, erected or main- tained any wire or cable used to conduct or carry electricity for the purpose of light, heat or power, or used jointly with telephone, telegraph or other signal wires, shall be per- manently and effectively insulated at all times by the insertion of at least two strain-insulators. The upper of these insulators shall be inserted in the guy so as to be at least six feet in a horizontal line from the pole itself, and the second strain-insulator shall be inserted in the guy so as to be not less than eight feet in a vertical line from the surface. In short gutys in which the two insulators are required, and which will be located at the same points or near each other, two insulators may be coupled in series and put into the guy together. All strain insulators shall be so constructed and main- tained that the guy wire or guy cable holding the insulator in place shall interlock in case of failure or breakage thereof. The above shall not apply to railway electrification, where at least one insulator shall be inserted in each end of every auxiliary cross-span, and one in each auxiliary guy. (Prior code @ 15.08.080) . 274 . . . . 15.48.120 Electric wires-Guy clearance. Guy wires shall be attached to poles so as to interfere as little as possible with workmen climbing or working thereon. Every guy wire' which passes either over or under an electric light or power wire other than those attached to the guyed pole shall be so placed and main- tained as to provide a clearance of not less than three feet between the guy and any electric wire. (Prior code ~ 15.08.090) 15.48.130 Electric wires-Arc lamps. No arc lamp shall be erected or maintained in the city on any pole or appliance unless such arc lamp be so constructed and maintained as to be lowered to within six feet from the sur- face; provided, that this section shall not include arc lamps used for ornamental street lights attached to iron pedestals or any arc lamp attached to buildings, poles or other struc- tures which do not carry wire other than those feeding the lamp. (Prior code ~ 15.08.100) 15.48.140 Electric wires-Wire insulation. The standard insulation, wherever insulation is used, for any wire or cable run, placed or erected in the city and used to conduct or carry electricity for light, heat or power, for all voltage, shall have at least a triple-braided weaterproof cover. (Prior code ~ 15.08.110) 15.48.150 Electric wires-Voltage covered by chapter. All of the foregoing provisions of this chapter shall include current and voltage used for light, heat or power, not to exceed seventy-five hundred volts of electricity. (Prior code ~ 15.08.120) 15.48.160 Electric wires-Voltage used for street railways excepted. None of the provisions of Sections 15.48.050 through 15.48.070, inclusive, of this chapter shall be held to apply to direct-current wire carrying nominally six hundred volts of elec- tricity, and used for street-railway purposes; 15 .48.120~ 15 .48.190 provided, however, that an unobstructed climb- ing space not less than twenty-six inches in a horizontal line shall at all times be provided and maintained. (Prior code @ 15.08.130) 15.48.170 Signal wires-Crossarms. All crossafffiS shall be made from clear, straight-grained wood, or standardized ma- terial. No wood crossarm shall be used having a cross-section of less than three and one- quarter by four and one-quarter inches, except where steel pins are used or where two-pin arms are used. The standard pin spacing shall be not less than sixteen inches from center to center of pole pins. (Prior code @ 15.08.140) 15.48.180 Signal wires-Oimbing space. A. Any person, company or corporation, owning or using any pole or appliance used exclusively for telephone, telegraph or other signal wires shall provide and maintain an unobstructed climbing space of not less than sixteen inches. B. Whenever buck or reverse arms are used, an unobstructed climbing space shall be left adjacent to the pole or appliance at least twenty inches square, omitting the area of any such pole or appliance; any wire or cable attached to the pole in such buck-arm construction, not less than forty inches from the nearest crossarm, shall be held not to be an obstruction to the climbing space as herein provided. (Prior code ~ 15.08.150) 15.48.190 Signal wires-Guy insulation. In all cases where guy wires pass over, under or between electric light, heat or power wires, they shall be permanently and effectively insulated at all times by the insertion of at least two strain-insulators. The upper of these insulators shall be inserted in the guy so as to be at least six feet in a horizontal direction from the pole itself, and the second strain- insulator shall be inserted in the guy so as to be not less than eight feet from the surface in a vertical line. In short guys in which the two 275 15.48.200-15.48.260 insulators herein required would be located at the same point, or near each other, two insula- tors may be coupled in series and put into the guy together. Anchor guys for guying aerial cable leads shall be insulated from the messenger wires by being placed upon separate shims, or insulated as above specified. (Prior code @ 15.08.160) 15.48.200 Signal wires-Aerial cable-supports. All aerial cables having two hundred pairs of No. 19 B & S gauge copper wires, or four hundred pairs of No. 22 B & S gauge copper wires, shall be supported by through bolts at least five~eighths inch in diameter; at all rail- road and high-tension crossings, grades, curves and comers, such cable shall be reinforced by a strap supported by a lag~screw or through bolts at least one-half inch in diameter, or other appliance of equal strength. (Prior code @ 15.08.170) 15.48.210 Joint use-Separation of wires. A separation of at least four feet, measured at the pole, shall be provided and maintained between any telephone, telegraph and other signal wires or cables, and electric light, heat or power wires carrying not to exceed four hundred and forty volts; provided, that when the telephone, telegraph or signal wires or cables are above the electric light, heat or power wires carrying a voltage in excess of four hundred and forty volts, the clearance shall be eight feet. Telephone, telegraph and other signal wires or cables shall preferably be run and maintained below electric light, heat and power wires or cable. In no case shall telephone, telegraph, or other signal wires smaller than No. 12 N.B.S. gauge copper wire, or No. 12 B.W.G. iron wire be run or maintained as lead wires above electric light, heat or power wires; provided, that this shall be held not to apply to telephone, tele~ graph or signal wires used exclusively to main- tain electric light, heat and power line. (Prior code @ 15.08.180) 15.48.220 Joint use-Climbing space and crossarms. All telephone, telegraph or other signal wires placed on poles jointly used for electric light, heat and power wires shall have an unobstructed climbing space of not less than twenty-six inches. All telephone, telegraph or other signal wires placed on poles jointly used for light, heat or power wires shall be placed and main- tained on crossarms, except that brackets may be maintained on one side of the pole not nearer than two feet below the lowest crossarm for the purpose of carrying duplex wires or cables to distribute telephone, telegraph or signal wiref. (Prior code ~ 15.08.190) . 15.48.230 Joint use-Guy insulation. All joint construction for wires or cable of different and conflicting voltage, as outlined in section 15.48.220, shall be guyed in the same manner as specified for electric light, heat and power construction. (Prior code @ 15.08.200) 15.48.240 Joint use-Climbing space where lines not parallel. In all cases where there are two or more pole lines used for telephone, telegraph or other signal wires on the same side of any street, alley or public highway, provided such lines are not parallel on a horizontal plane, the crossarms shall have an unobstructed climbing space of not less than twenty-six inches. (Prior code ~ 15.08.210) . 15.48.250 Construction-Pole quality. All poles shall be of the best quality cedar or other standardized material, except poles carrying one telephone circuit for rural or farmers' use. No pole shall be maintained which has not sufficient strength to safely sustain itself when supporting wires are re- moved. (Prior code ~ 15.08.220) 15.48.260 Construction-Side arms. When necessary to avoid obstruction, a side or offset arm may be used. In all such . 276 . cases, a special arm of the same dimensions as the standard arm shall be used. This arm shall be bored for pins and bolts and installed with an angle-iron brace. Wherever a transformer is used on any such pole on which side-arm construction is used, an idle arm shall be pro- vided. (Prior code ~ 15.08.230) 15.48.270 Construction-Guy wire protection. Where guy wires installed on public highways are subject to mechanical injury, they shall be protected with a shield. This shield may consist of an iron pipe or a suitable wood shield, which may be clamped on the guy itself. The guy shield shall extend from the anchor rod up to a height of approximately seven feet. (Prior code ~ 15.08.240) . 15.48.280 Construction-Wire crossings. Where wires used for power, heat or light cross telephone, telegraph or signal wires, or where the abovementioned wires cross rail- road tracks, the methods of future construction or betterments, and hereafter all future elec- trical construction in the city not herein pro- vided for, shall conform to the national elec- trical code of the United States Bureau of Standards. This section shall not be held to conflict with any of the specific provisions of this chapter. (Prior code @ 15.08.250) . 15.48.290 Ground wires and cables run vertically - Protection from damage. Any person, company or corporation owning or using any poles or appliances for light, heat or power, or poles used jointly for light, heat or power wires, and telephone, telegraph and other signal wires, on which are run any ground or vertical wires, shall cause all such wires, except railway auxiliary negative taps, to be encased in a channel iron conduit or metal casing from the ground to a point ap- proximately seven feet above the ground, so as to protect any such wires from mechanical injury, the remaining portion to be wholly 15.48.270-15.48.310 encased in a casing equal in- durability and insu- lating efficiency to a wooden casing not less than one and one-fourth inches thick, except that grounds for four hundred and forty volts or less, and railway auxiliary negative taps shall be required to be encased down the pole to a point five feet below the lowest crossarm. All metal casing shall be permanently and effec- tively grounded; provided, that this section shall be held not to apply to wires or cables which lead from overhead to underground systems, except in case of joint construction; and further provided, that it shall not apply to high-tension lines. (Prior code ~ 15.08.260) 15.48.300 Generating and substation equipment- Logbook - Waming signs required when. A. In every generating and substation used for light, heat or power, there shall be kept a logbook or record showing the changes in the condition of operation, including the start- ing and stopping of electrical supply equipment, the name of each foreman or workman locally in charge of work, and all unusual occurrences and accidents. B. The logbook or record shall be signed by the person in charge before being relieved. He shall keep within sight an operating diagram or equivalent device, indicating whether elec- trical supply circuits are open or closed, and where work is being performed. On circuits carrying normally in excess of seventy-five hundred volts, the operator in charge shall place "Men at Work" tags upon switches con- trolling any circuits upon which men are known to be working, and it shall be his duty to en- force the safety rules, and permit only autho- rized persons to approach the equipment or lines. (Prior code ~ 15.08.270) 15.48.310 First-aid and protective devices required where. There shall be provided in conspicuous and suitable places in electrical stations and shops a suitable and sufficient supply of first-aid 277 15.48.320-15.48.360 and protective devices, all of approved kinds and qualities; the kinds and number of such devices will depend on the requirements of each case, as may be from time to time prescribed by the State Industrial Accident Board. All such pre- scribed devices shall be kept, when not in use, in their regular location and in good working order. (Prior code @ 15.08.280) 15.48.320 Air-gap and oil-break switches- Number of electricians- Circuit-breaking devices. A. All circuits of four hundred and forty volts or more, where originating or terminating in any enclosure or building, or used for under- ground, shall be provided with air-gap switches or other approved devices; if any of the above circuits are of seven and one-half kilowatts or more capacity, they shall in addition be pro- vided with an oil-break switch, or other ap- proved device which will safely open the circuit under the load. B. There shall be no less than two exper- ienced electricians employed on any work or maintenance to be performed on any electrical wires or equipment connected therewith carry- ing nominally six hundred volts or more; pro- vided, however, that this shall not apply to the operation of electrical equipment, nor in cases of emergency. C. Direct-current feeders of two hundred and fifty volts or over shall be protected by approved circuit-breaking devices. (Prior code @ 15.08.290) 15.48.330 Fuse requirements. All fuses shall be enclosed, or expulsion-type, or meet other approved National Electrical Code standards. (Prior code ~ 15.08.300) 15.48.340 Safety - Heardroom, guarding passages, grounding wires. A. Where necessary, all forms of electrical apparatus shall be effectively grounded for the protection of persons. B. Wherever wires or conductors are in- stalled within enclosures or buildings, in and about switchboards and other appliances where conductors are run, placed or erected, a clear headroom of six and one-half feet above the floor or surface must be maintained, or the wires shall be effectively guarded. All appara- tus, passages, manways and other places where persons may enter into must be protected with efficient guards in accordance with standard practice; provided, this shall not be held to apply to electrical machinery and auxiliary devices carrying six hundred volts or less. C. When lines or wires carrying seventy-five hundred volts or more are disconnected from their source of power, f{)r work to be per- formed thereon, said lines or wires shall be effectively grounded for the protection of workmen. (Prior code ~ 15.08.310) . 15.48.350 Safety-Manhole openings- Surface watchman. A. The openings to outer air for any man- hole used for light, heat or powe shall be cir- cular in shape, and shall not be less than twenty- four inches in diameter. B. The opening to outer air for any manhole used for telephone, telegraph or other signal wires shall be circular in shape, and shall be not less than twenty inches in diameter. Co Whenever persons are working in any manhole, whose opening to the outer air is less than three feet from the rail of any rail- way track, a watchman or attendant shall be stationed on the surface at the entrance of such manhole at all times while work is being per- formed therein. (Prior code @ 15.08.320) . 15.48.360 Fire and police signal wires on private poles. Any person, company or corporation owning or using any pole or appliance on which is run, placed, erected or maintained in the city, and any wire or cable used to conduct or carry electricity, shall at all times, when so requested by the authorities of the city, permit the city to occupy and use any pole or appliance for its 278 . . fire and police signal wires without cost, pro- vided wires are maintained by the city. (Prior code ~ 15.08.330) 15.48.370 Liability limitations. Nothing contained in this chapter shall be deemed or construed to relieve any person, frrm or corporation owning, operating or installing any electrical apparatus from liability for damage to any person injured by the construc- tion, installation, insulation or operation of the same. (Prior code ~ 15.08.350) . 15.48.380 Violation-Penalty. A. Any person or persons, company or cor- poration violating any of the provisions of this chapter shall, upon conviction thereof, be pun- ished by a fine in any sum not exceeding three hundred dollars, or by imprisonment in the city jail not to exceed ninety days, or by both such fine and imprisonment. B. Any court assessing a fine under the pro. visions of this chapter shall provide in its judg- ment that if the fine be not paid, the defendant or defendants shall serve one day's imprison- ment for each two dollars of such fine unpaid; provided, that no 'violation of any of the pro- visions of this chapter shall be held to arise or exist by reason of the temporary location of any wire or pole or cable or crossann while the same is being actually run, placed or erected. (Prior code ~ 15.08.370) Chapter 15.52 TRAILER CAMPS AND AUTO COURTS Sections: 15.52.010 15.52.020 Definitions. Permit required-Application, fee and issuance conditions. Camping on city property- Pennit required. Camp cars and trailers- Use restrictions. 15.52.030 15.52.040 . 15.48.3 70-15.52.0 1 0 15.52~050 Caretakers, supervision, and sanitary requirements. Register to be kept-Inspection requirements. Water supply. Refuse and sewage disposal. Protection against fires. Drainage requirements. Space and layout requirements for dwellings and driveways. Building construction and maintenance. Chapter provisions not exclusive. Violation- Penalty. 15.52.060 15.52.070 15'.52.080 15.52.090 15.52.100 15.52.110 15.52.120 15.52.130 15.52.140 15.52.010 Definitions. For the purpose of this chapter, the following terms shall be construed to have the meaning herein given: A. "Approved" means whatever material, workmanship, method, appliance, construction or other matter which meets the requirements of this chapter, and the approval of the depart- ment charged with the administration and enforcement of this chapter. B. "Auto court" means any multiple dwelling or group of dwellings, other than bungalow courts, hotels or apartment houses, which is designed or intended for the temporary resi- dence of motorists or travelers. The term "auto court" also includes "auto camp" and "tourist camp." C. "Bungalow court" means a group of separate dwellings facing directly on a com- mon court, place or street. D. "Camp car and/or trailer" means any unit used for living or sleeping purposes and which is equipped with wheels or similar de- vices used for the purpose of transporting said unit from place to place, whether by 'motive power or other means. E. "Persons" means any person, partnership, corporation or association. F. "Public camp" means an approved area, lot or parcel of land regularly used or intended 279 15.52.020~I5.52.050 regularly to be used for temporary camping in tents or other portable shelters; provided, however, that an occasional and temporary use of an area, lot or parcel of land for camping by a single camping party shall not be construed as a public camp within the meaning of this chapter. (Prior code @ 14.12.010) 15.52.020 Permit required-Application, fee and issuance conditions. A. No person shall construct, establish, maintain or operate an auto court, bungalow court or public camp, or cause or permit the same to be constructed, established, maintained or operated in the city without a permit to do so from the city commission. Application for such a permit shall be in writing, and shall state the extent and character of the proposed ac- commodations and camping spaces provided for. The application shall be presented to the city commission, accompanied by a fee of five dollars. The commission shall not grant any permit for the construction or establishment of an auto court, bungalow court or public camp in any location where such auto court, bungalow court or public camp is not allowed by the provisions of Title 18 of this code, com- monly known as the Zoning Ordinance. B. Upon the approval of such application by the city commission, the permit applied for shall be granted. After the permit has been issued, complete plans and specifications for the construction of such auto court, bungalow court and/or public camp shall be submitted to the health department and the building department of the city. If such plans and speci- fications meet with the requirements of this chapter and other applicable ordinances of the city, the health department shall place a stamp of approval thereon and the building inspector shall then issue a building permit for the construction of the buildings shown thereon. The building permit fees shall be the same as required for other like structures erected in the city. A separate building permit shall be required for each separate building or structure erected in such auto court, bungalow court and/or public camp. (Prior code ~ 14.12.020) . 15.52.030 Camping on city property-Permit required. It is unlawful for any person to camp on any property belonging to or under the control of the city without having first secured from the city manager a written permit so to do. Such camping permits may be issued by the city manager upon such terms and conditions and for such periods of time as in his judgment shall be proper, and shall be revocable by him at any time. (Prior code ~ 14.12.030) 15.52.040 Camp cars and trailers-Use restrictions. A. It is unlawful to permit wastewater or material from sinks, showers or other fixtures in camp cars or trailers to be deposited on any street, alley, auto court, public camp, or upon any lot within the corporate limits of the city. B. Sinks, showers or other similar fixtures in camp cars or trailers, when in use, must be connected to some approved disposal system in a manner acceptable to the health officer and the director of public safety. C. A camp car and/or trailer having its run- ning gear, wheels, or other equipment designed for the transportation of such vehicle from one location to another removed, or blocked up, or otherwise made stationary and in use for living quarters shall be classed as a dwelling, and as such be subject to all the provisions of the build- ing chapters of the code. (Prior code ~ 14.12.040) . 15.52.050 Caretakers, supervision, and sanitary requirements. A. All auto courts, bungalow courts and public camps shall be provided at all times with a resident caretaker whose duty shall be to enforce all sanitary rules and regulations and see that no part of this chapter is violated. The management of every auto court, bungalow court and/or public camp shall assume . 280 . responsibility for maintaining in good repair and operation all. sanitary appliances on the premises. Dogs shall at no time be turned loose or be permitted to run at large on such premises. B. Supervision and equipment sufficient to prevent littering of the ground with rubbish, garbage or other refuse shall be provided and maintained. Fly-tight metal depositories with tight-fitting covers for such materials shall be provided and conspicuously located. Each and every dwelling and/or camping space shall be within a distance of not over one hundred feet from such depository. Said depositories shall not be permitted to become foul-smelling, unsightly, or breeding places for flies. (Prior code ~ 14.12.050) . 15.52.060 Register to be kept-Inspection requiremen 15. A. It shall be the duty of the management or caretaker to keep a record of all patrons, including each individual of a camping party. The record shall be in the form of a hotel registry. The registry shall specify the date of arrival, and in the event the patron or camping party is traveling by means of an automobile, the register shall further specify the name of the owner of the automobile, the make of the automobile, the state in which the automobile is registered, the number of the license thereof, and the year of its issuance. The register shall at all times be open for inspection to all police officers of the city. B. Each and every auto court and public camp must be thoroughly inspected by the city health officer. (Prior code ~ 14.12.060) . 15.52.070 Water supply. A water supply of pure, sanitary quality shall be provided in ample quantity to meet all requirements, the water to be furnished and available through an approved pipe-distribution system leading directly from the city watermains or other approved source. Water-supply faucets shall be located not more than two hundred 15.52.060-15.52.080 feet from any camping space; also, a water ser~ vice pipe shall be installed for supplying water to each separate apartment, dwelling or bunga- low, and in each separate apartment of any multiple-apartment dwelling. (Prior code ~ 14.12.070) 15.52.080 Refuse and sewage disposal. A. All garbage, waste and refuse shall be promptly and entirely removed from the prem- ises as required by the city health officer. A sufficient number of approved incinerators shall be provided for burning all combustible rubbish. B. All auto courts, bungalow courts and pub- lic camps shall be provided with a complete approved sewerage or other approved disposal system. Water-flushed water closets shall be provided and maintained in clean, sanitary condition. In those parts of the city where public camps are permitted, such camping spaces shall be provided with approved com- munity toilets. Separate toilets shall be provided for men and women, located in separate com- partments, the entrances to which shall be not less than ten feet apart. One water closet and one lavatory or sink shall be provided for each ten women, or fraction thereof of the maximum number of individual persons up to the capacity of any public camp; and one shower shall be provided for each twenty persons, or major fraction thereof, up to such capacity. Twenty-five percent of the required water closets for men may be substituted by approved urinals or approved equivalent. One shell or lip urinal or twenty-four inches of urinal trough may be computed as one water closet. The location of all toilets shall be plainly indicated by approved signs. All toilets shall be screened tly~tight and be well illuminated both day and night. All toilets, shower and/or wash- room tloors shall be constructed of concrete, tile, or equal material properly drained and connected to the sewer system. All toilet, shower and/or washroom walls and partitions shall be impervious to moisure. All toilets 281 15.52.090~I5 .52.140 and water closets shall be provided with at least one washbasin approved by the health officer and kept and maintained in a clean and sanitary condition. C. A sufticient number of approved cast iron enameled slop sinks shall be provided, and each shall be connected with the sewerage or other approved disposal system, these sinks to be used for the disposal of domestic waste- waters only. (Prior code S 14.12.080) 15.52.090 Protection against fires. No fires shall at any time be so located as to endanger automobiles or other property. No fires shall be left unattended at any time, and all fires shall be completely extinguished before leaving. No campfires will be permitted excepting in approved, allotted public camps having approved camping spaces. (Prior code @ 14.12.090) 15.52.100 Drainage requirements. The area, lot or tract of land upon which any auto court or public camp is located or maintained shall be well drained and properly graded so as to prevent stagnant water or muddy conditions: (Prior code S 14.1 2.100) 15.52.110 Space and layout requirements for dwellings and driveways. The space or unit in a public camp allotted to each camping party shall contain not less than three hundred sixty square feet of ground area. All dwellings shall be located on a space of not less than eighteen feet by twenty feet. Nothing herein contained shall be deemed to modify or dispense with the court and yard require- ments for apartments or dwellings as required by any other ordinances of the city. All dwell- ings and camping spaces shall be arranged in rows facing on a continuous driveway at least twenty-five feet wide. For the purposes of computing the number of persons to be ac- commodated in any auto court, campground or other such location as provided in this chap- ter, each three-hundred-sixty-square-foot area shall be required for three persons. (Prior code S 14.12.110) . 15.52.120 Building construction and maintenance. A. All buildings shall comply with all require- ments for such structures as provided herein and/or in Chapter 15.04. It is unlawful to pre- pare or cook food in any bathroom, toilet room, closet, garage, or any room used for sleeping purposes. All required windows, doors and similar openings must be fully protected with screens. No kitchen shall have less than twelve square feet of window area. All windows shall be constructed so that at least half of each window can be opened. Each building shall be provided with approved means of lighting the same at night. This applies to all rooms, kit- chens, baths, toilets, halls, stairs, garages, etc. B. All floors shall be permanently located above the ground as the building inspector shall require, and space underneath shall be kept free from obstruction. The flooring proper shall be constructed of tongue-and-groove material. Interior walls shall be plastered or constructed of surfaced lumber, or other ma- terial that may easily be kept clean. Each build- ing shall be cleaned daily, and after each occu- pancy shall be thoroughly cleaned. If bedding is provided, it must be kept in a clean and sanitary condition. (Prior code ~ 14.12.120) . 15.52.130 Chapter provisions not exclusive. Nothing in this chapter shall be deemed to conflict in such a way as to modify or amend any of the requirements of Chapter 15.04, but is to be deemed supplemental thereto for the special purposes set out herein. (Prior code ~ 14.12.140) 15.52.140 Violation-Penalty. A. Any person, as defined herein, who violates any of the provisions of this chapter, or fails to comply with any order or regulation made thereunder, or who operates or maintains an auto court or bungalow court, or builds, . 282 . . '. 15.52.140 constructs, or makes alterations in violation of any part of this chapter shall, upon con. viction thereof, be punishable by a fine of not exceeding three hundred dollars or by imprisonment for not less than ten days and not more than ninety days, or by both such fine and imprisonment. B. Every such person as defined in this chapter shall be deemed guilty of a separate offense for each and every day any provision of this chapter is violated. (Prior code ~ 14.12.130) 283 .. .. '.