HomeMy WebLinkAboutOrdinance 05- 1631 Adopt building codes by administrative order
ORDINANCE NO. 1631
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, TO AMEND THE BOZEMAN MUNICIPAL CODE BY MODIFYING
SECTIONS 15.01.010, 15.01.020, 15.04.010, 15.05.010, 15.07.010, 15.08.010,
15.12.010, 1514.010, 15.16.010, 15.20.010 THROUGH 15.20.140, 15.28.010
THROUGH 15.28.070, AND 15.28.090 THROUGH 15.28.130; TO BRING THE
CITY'S MECHANISM FOR ADOPTION OF THE MODEL TECHNICAL CODES INTO
COMPLIANCE WITH CURRENT REQUIREMENTS OF THE STATE BUILDING
CODES BUREAU FOR A CERTIFIED LOCAL GOVERNMENT PROGRAM; BY
ADDING SECTIONS 15.01.015, AND 15.02.010 THROUGH 15.02.030, PROVIDING
FOR A DEFINITION AND ESTABLISHING A MECHANISM FOR BUILDING FEE
CALCULATIONS AND FOR ADOPTION OF THOSE FEES BY RESOLUTION. AND
BY REPEALING SECTIONS 15.08.020 THROUGH 15.08.190, 15.12.020, 15.12.030,
15.16.015 THROUGH 15.16.030,15.24.010, 15.28.080, 15.30.010; TO ELIMINATE
OUTDATED REQUIREMENTS AND PROVISIONS.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
Section 1
That the Bozeman Municipal Code be amended so that Section 15.01.010 shall read as follows:
"15.01.010 Adoption of the model technical codes and administrative rules.
A. The current editions of the model technical codes, to include but not limited to building,
plumbing, electrical and mechanical, and all accompanying appendices, amendments and modifications
adopted or required to be adopted by the Building Codes Bureau, Montana DepBrtn",ent of Commerce
Department of Labor and Industry (or its successor), as set out in the Administrative Rules of Montana
(hereinafter ARM), 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.
B. One (1) copy of each Code shall be kept on file in the office of the Clerk of
Commission of the City of Bozeman, 411 East Main Street, Bozeman, Montana and one (1) copy shall
be kept on file in the offices of the Building and rlanning office Division of the City of Bozeman, Montana.
C. Any amendments to the Codes as originally adopted by Bozeman Municipal
Ordinance in this title which may be adopted by the Building Codes Bureau and which apply to local
government jurisdictions, including the adoption of the latest editions of the model technical codes, to
include but not be limited to building, plumbing, electrical and mechanical, or applicable Administrative
Rules of Montana, shall become effective in the City of Bozeman through automatic adoption upon
execution of an Administrative Order of the City Manager unless a different effective date is specified in
the Administrative Order.
D. A copy of the amendment notification will be kept in the office of the Clerk of
Commission.
E. The Model Technical Codes and Administrative Rules of Montana as adopted in this
Title or as amended through automatic adoption above, and the other provisions of Title 15 are applicable
within the City of Bozeman Bnd witnin its extr1~-territorial building jurisdiction."
Section 2
That the Bozeman Municipal Code be amended by adding Section 15.01.015, so that such
section shall read as follows:
"15.01.015 Municipality and city defined.
Whenever the words "municipality" or "city" are used in the coders) adopted by this chapter,
they shall mean the City of Bozeman."
Section 3
That the Bozeman Municipal Code be amended so that Section 15.01.020 shall read as follows:
"15.01.020 Violation..Penalty.
Violation of the Model Technical Codes or Administrative Rules of Montana, as adopted in this
Title or as amended through automatic adoption in Section 15.01.010, or violation of any other provision
of this 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. The Court, in its discretion, may add to the fines any costs incurred by the City in the
prosecution of the charge or enforcement of the code."
Section 4
That the Bozeman Municipal Code be amended by adding Chapter 15.02, so that such chapter
shall read as follows:
"15.02.010 Building Division Fees
The Building Division shall charge fees for permits, plan checks, and other work based upon
the following criteria and formulas. The specific fee tables referenced below, and including those for the
various Uniform, National or International codes, shall be approved by resolution of the City Commission.
A Fees for Additional and New Building Permits: Fees for building additions, and
commerciallresidential building construction projects will be assessed based upon the current number
of employees and their labor costs, internal and external administrative costs, the building square footage
and the labor factors derived from approved fee tables. The permit formula is:
Administrative & Internal Charaes = Administrative charges/Employee
# Personnel
Administrative Charges/Emolovee = Administrative Charges/Employee/Hour
1800 (net work hours/year)
Admin. Charges/Employee/Hour + Inspector's Hourly Pay Rate = Total Hourly Rate
(Total Hourly Rate)(Table A)(Building Sq. Footage) = Building Permit Fee
B. Building Permit Factors: Table A is based on Amount of Inspection Time/Sq. Ft.,
Construction Type & Fire Rating.
C. Plan Review Formula is:
Administrative & Internal Charaes = Administrative Charges/Employee
# Personnel
Administrative Charaes/Emolovee = Administrative Charges/Employee/Hour
1800 (net work hours/year)
Admin. Charges/Employee/Hour + Plans Examiner Hourly Pay Rate = Total Hourly Rate
(Total Hourly Rate)(Table B)(Building Sq. Footage) = Plan Review Fee
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D. Plan Review Factors: Table B is based on Amount of Plan Review Time/Sq. Ft.,
Construction Type & Fire Rating)
E. Fees for Electrical, Plumbing, Mechanical, Fire Suppression Systems and Building
Remodel Permits will be determined based on the contractor valuation of the project, subject to the
Building Division's approval of the valuation. The permit valuation will be applied to the permit amounts
detailed in Table C.
15.02.020 Plan Review - Permit Expiration - Work without Valid Permit
A. Time Limitation of Application: An application for a permit for any proposed work shall
be deemed to have been abandoned 180 days after the date of filing, unless such application has been
pursued in good faith or a permit has been issued; except that the Building Official or designee is
authorized to grant one or more extensions of time for additional periods not exceeding 90 days each.
The extension shall be requested in writing and justifiable cause demonstrated.
B. Permit Expiration: Every permit issued shall become invalid unless the work on the
site authorized by such permit is commenced within 180 days after issuance, or, if the work authorized
on the site by such permit is suspended or abandoned for a period of 180 days after the time the work
is commenced. The Building Official or designee is authorized to grant, in writing, one or more
extensions of time, for periods not to exceed 180 days each. The extension shall be requested in writing
and justifiable cause demonstrated.
C. Plan Review and Permit Renewal:
1. In order to renew action on a plan review after expiration, the
applicant must re-submit plans and pay a new plan review fee.
2. In order to renew action on an expired permit, a new permit shall
first be obtained and the fee therefore shall be one-half the amount
required for a new permit for such work, provided no changes have been
made or will be made in the original plans and specifications for such work,
and provided further that such suspension or abandonment has not
exceeded one year.
3. In order to renew action on a permit after expiration, the
permittee shall pay a new full permit fee.
D. Work commencing before permit issuance: Any person who commences any work
on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary
permits shall be subject to an additional fee as established by the Building Division that shall be in
addition to the required fees. (Table D) The fee shall not be more than twice the permit fee amount.
15.02.030 Refunds
A. Plan review fee refunds will not be given if the review has already been performed
on the plans and specifications. 80% of the plan review fee will be refunded if the review of the plans
and specifications has not commenced.
B. Permit fees will not be refunded if the work has commenced and inspections have
been made. 80% of the permit fee will be refunded if no inspections have been performed at the site and
the work is to be abandoned or postponed for more than 180 days."
Section 5
That the Bozeman Municipal Code be amended so that Section 15.04.010 shall read as follows:
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"15.04.010 UI,ifoml Duilding Code lIl,d ti,e UI,ifol 111 Duilding Code Standards International
Building Code.
The Uniforrtl Quilding Code, published by the Intern25tion251 Conference of Quilding Offici25ls, 25nd
the Uniform Quilding Code StcmdBrds, published by the Ii ,tell,~tion251 Conference of Quilding Offici25ls
International Building Code, 2003 Edition, as provided by ARM 24.301. 131(or successor provision) is
hereby adopted subject to amendment or modification under 15.01.010. This code 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 permits and collection of fees therefor. This code
is subject to any modifications as stated in ARM 24.301.146 (or successor provision)."
Section 6
That the Bozeman Municipal Code be amended so that Section 15.05.010 shall read as follows:
"15.05.010 CADO One and Two ramily Dwelling Code International Residential Code.
The CADO One 25nd Two r25F11ily Dwelling Code regul25tes minimum standards cmd requirements for the
construction, prefBbric25tion, 25ltel25tior" repair, use, occupal'C} 25nd nl25inten25nce of detached one- family
25nd tvvo-family dwellings not more thai I three stories in height 25nd their 25ccessory structures.
The International Residential Code (IRC), 2003 Edition, as provided by ARM 24.301.154 (or
successor provision) is hereby adopted subject to amendment or modification under 15.01.010. The IRC
is a nationally recognized model code setting forth minimum standards and requirements for detached
one or two family dwellings and multiple single-family dwellings (townhouses) not more than three stories
in height, and their accessory structures."
Section 7
That the Bozeman Municipal Code be amended by adding Section 15.06.010, so that such
section shall read as follows:
"15.06.010 International Existing Building Code.
The International Existing Building Code (IEBC), 2003 edition, as provided by ARM 24.301.171
(or successor provision) is hereby adopted subject to amendment or modification under 15.01.010. This
code may be used as an alternate prescriptive methodes) for the remodel, repair, alteration, change of
occupancy, addition, and relocation of existing building."
Section 8
Thatthe Bozeman Municipal Code be amended so that Section 15.07.010shall read as follows:
"15.07.010 Uniform Housing Code. International Fuel Gas Code
The UniforlT, I lousing Code 25S published by the InternationBI Conference of Ouilding Offici25ls
regulBtes the use Bnd occupBncy, loc~tion and mainter,ance of 2511 residential buildings and structures.
The International Fuel Gas Code, 2003 Edition, as provided by ARM 24.301.173 (or successor
provision) and as published by the international code council, is hereby adopted subject to
amendment or modification under 15.01.010. The Code is a nationally recognized model code
setting forth minimum standards and requirements for certain mechanical installations."
Section 9
That the Bozeman Municipal Code be amended by amending Section 15.08.0100, so that such
section shall read as follows:
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"15.08.010 National Electrical Code.
The National Electrical Code, 2002 Edition, as provided by ARM 24.301.401 (or successor
provision), is hereby adopted subject to amendment or modification under 15.01.010. published by the
~~atiom~1 rire rrotection Association, serves as minin,um electrical installation, repair and Fllaintenance
standards and re~uiremerlt8. The Code is a nationally recognized model code setting forth minimum
standards and requirements for electrical installations."
Section 1 0
That the Bozeman Municipal Code be amended so that Section 15.12.010 shall read as follows:
"15.12.010 Uniform Mechanical Code International Mechanical Code.
The Uniform MechanicBI Code International Mechanical Code, (ICC version) 2003 Edition as
provided by ARM 24.301.172 (or successor provision) is hereby adopted subject to amendment or
modification under 15.01.010., published by the International COI,ference of Ouilding OfficiBls, establishes
Bnd provides FI,inimun, stBndards to safeguard life Bnd control the design, construction, installation,
~uality of ITlaterials, location, operation and maintenance of neating, ventilating, cooling, refrigeration
systen IS, incillerators and other miscellaneous heat~producing appliances in the city and its jurisdictional
area; provides for issuance of permits and collection of fees therefor; and provides additional or alternate
penalties for violation of such code. The Code, published by the international code council, is a nationally
recognized model code setting forth minimum standards and requirements for certain mechanical
installations. "
Section 11
That the Bozeman Municipal Code be amended so that Section 15.14.010 shall read as follows:
"15.14.010 Model [I,ergy Code International Energy Conservation Code.
The Model energy Code, published by the Council of American Ouilding Officials International
Energy Conservation Code as provided by ARM 24.301.161 (or successor provision) is hereby adopted
subject to amendment or modification by 15.01.010., establishes minimum requirements for the design
of new buildings and structures, and additions to existil,g buildings; regulating their exteriOl el'velopes
and selection of their heating, ventilation, air conditiolling, service 'It'v'ater neating, electrical distribution
and illuminating systems and equipment for effecti ve use of energy. The Code is a nationally recognized
model code for energy efficient construction of buildings."
Section 12
That the Bozeman Municipal Code be amended so that Section 15.16.010 shall read as follows:
"15.16.010 Uniform Plumbing Code.
The Uniform Plumbing Code, 2003 edition as provided by ARM 24.301.301 (or successor
provision), is hereby adopted subject to amendment or modification by 15.01.010. as published by the
International Association of Plumbing and Mechanical Officials, regulates plumbing and drainage
systeFns. The purpose of this code is to provide minimum requirements and standards for plumbing
installations for the protection of the public health, safety and welfare. The Uniform Plumbing Code is a
nationally recognized model code setting forth minimum standards and requirements for plumbing
installations. "
Section 13
That the Bozeman Municipal Code be amended so that Section 15.20.010 shall read as follows:
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"15.20.010 Title for citation.
This chapter shall be known as the "Moving Code': "moving code," may be cited as such, and will
be referred to herein as "this code."
Section 14
That the Bozeman Municipal Code be amended so that Section 15.20.020 shall read as follows:
"15.20.020 Purpose of chapter provisions -- Certain buildings exempt.
A. The purpose of this code is to provide minimum standards to safeguard life, safety, 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. Buildings or structures less than two hundred fifty cubic feet in size shall be
exempt from the provisions of this code."
Section 15
That the Bozeman Municipal Code be amended so that Section 15.20.030 shall read as follows:
"15.20.030 Definitions and interpretation of language.
A. For the purpose of this code, certain abbreviations, terms, 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 officiBI" means the officer or designee other person charged by the
dil ector of public sBfety Director of Public Safety with the administration and enforcement of this code;-
or his duly Buthorized deputy.
C. "Municipality" or "city." Wherever used in the code adopted in this chapter, "municipality"
or "city" means the city of Bozeman."
Section 16
That the Bozeman Municipal Code be amended so that Section 15.20.040 shall read as follows:
"15.20.040 Enforcement - Building official authority.
The building officiBI Building Official or designee is authorized and directed to enforce all the
provisions of this code."
Section 17
That the Bozeman Municipal Code be amended so that Section 15.20.050 shall read as follows:
"15.20.050 House mover - License and Insurance required.
A. Any person, firm 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,
firms or corporations.
B. Any person, firm or corporation engaging in the business of moving or relocating buildings
or structures within, without or into the corporate city limits shall first provide proof of general liability
insurance in an amount acceptable to the City; and which includes the City as an additional insured
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C. A copy of the insurance policy shall be filed with the Building Division and shall release,
defend, indemnify and hold harmless the City of Bozeman, its officers, employees, agents and assigns
from and against any and all actions, claims, liabilities, demands or assertions of liability, causes of
action, losses, costs and expenses including, but not limited to, reasonable attorney's fees, involving or
relating to any harm, injury or damage, suffered or sustained which in any manner may arise or be
alleged to have arisen, or resulted or alleged to have resulted from the movement of the building or
structure. "
Section 18
That the Bozeman Municipal Code be amended so that Section 15.20.060 shall read as follows:
"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 Building Division a
bond of two thousand dollars, conditioned that he will in good faith perform all work required by this code
and other applicable city codes, and shall release, defend, indemnify and hold harmless the City of
Bozeman, its officers, employees, agents and assigns from and against any and all actions, claims,
liabilities, demands or assertions of liability, causes of action, losses, costs and expenses including, but
not limited to, reasonable attorney's fees, involving or relating to any harm, injury or damage, suffered
or sustained which in any manner may arise or be alleged to have arisen, or resulted or alleged to have
resulted from indemnify, 5(!1Ve and hold the city harmless from any and all cI(!Iim5, demands, action5,
and dBF11(!1ges which m(!ly Bri5e on (!Iccount of injuries to pel 501 IS or properties c(!Iu5ed 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
comn-,i88ioFl Building Division and must be approved by the city attorne} City Attorney or designee cmd
the cit} corr,111i8sior,.
B. Cash Deposit in Lieu of Bond. Any person filing an application hereunder may, in lieu of
the bond required above, file with the building official Building Division a cash deposit in the sum of
twenty times the permit fee as an indemnity for any damage which the city may sustain 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 or structure 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 incidental to the moving of
any building or structure over, along or across any street in the city. In no case need is the cash deposit
herein required to be more than two thousand dollars."
Section 19
That the Bozeman Municipal Code be amended so that Section 15.20.070 shall read as follows:
"15.20.070 Moving permit - 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 Building Division."
Section 20
That the Bozeman Municipal Code be amended so that Section 15.20.080 shall read as follows:
"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 Building Division.
B. All applications for moving, removing or relocating of any buildings or structures in the city
shall be made to the building official Building Division in writing upon forms furnished by the building
department Building Division, and shall set forth the following information:
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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 including
identification of any hazards along the route and description of actions to
be taken to address the hazard;
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 officiClI Building Official or
designee finds necessary to make a fair determination of whether a permit
should be issued."
Section 21
That the Bozeman Municipal Code be amended so that Section 15.20.090 shall read as follows:
"15.20.090 Moving permit - Contents.
The permit required by this chapter shall state the name of the person, firm or corporation
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."
Section 22
That the Bozeman Municipal Code be amended so that Section 15.20.100 shall read as follows:
"15.20.100 Moving permit -Issuance authorized when.
If the applicant for a permit under this chapter is qualified and has the license, insurance and bond
required elsewhere in this code and, in the judgment of the building offic.iClI Building Official or designee,
the building or structure can be moved as contemplated, the building officiClI Building Division shall issue
a permit for the moving, except as provided in Section 15.20.120."
Section 23
That the Bozeman Municipal Code be amended so that Section 15.20.110 shall read as follows:
"15.20.110 Moving permit - Fee schedule.
A. The base fee for a moving permit shall be $86.00 per hour, or pro-rated portion thereof,
necessary for the Building Official or designee to conduct an inspection. Additional costs, including
mileage for travel outside the city limits, may be assessed. CIS follovvs:
Volume Fee-
250 cubic feet to 1,500 cubic feet ..... $ 5.00
1,501 cubic feet to :::;,000 cubic feet .... f&:OO
5,000 cubic feet to 10,000 cubic feet .... 2&:00
10,001 cubic feet to 1 :::;,000 cubic feet ... 3&:00
15,001 cubic feet to 20,000 cubic feet... 5&B6
over 20,000 cubic feet ............... 100.00
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-----.-.---- ------ . -. -------....---.
t~ote. In the event B building is to be mOJed BS two or more units, tl~le fee shBII be bBsed upon a
combinBtion of the above rates.
O. The above base fee shall be modified in BccordBnce with the following:
1. If the flloving distance is one-quarter mile or less, the fee shall be twel,ty-
five percent of the bBse 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;
J. If the fllo\1ing distance is over one-half I (,ile but not rnore than three-
quarters of a mile, the fee shall be seventy~five percent of the base as
deterrnined above;
4. If the moving distance is n-,ore than three quarters of al nile, 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
applicant shall pay a mileage fee of ten cents per mile for each rnile actually and
necessarily traveled by the building official to make such inspection. Such fee shall be
pBid in advance, and shall be in addition to all other fees required by the chapter."
Section 24
That the Bozeman Municipal Code be amended so that Section 15.20.120 shall read as follows:
"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 conversion thereof
oonforms to Title 18 (zoning), Chapter 15.04 (the International Building Code 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:
1. so constructed or in such condition as to be dangerous or unsafe;;
2. or which is infested with pests or is otherwise unsanitary;;
3. or whteh, if iHs-a dwelling or habitation, is unfit for human habitation-;-;
4. or whteh is so dilapidated, defective or in such a condition of deterioration
or disrepair that its relocation at the proposed site would create a safety or
health hazard, or would cause substantial damage or material detriment to
the property in the immediate vicinity of the proposed site.
C. Every Sttet't application shall be accompanied by the written consent of the chiefs of the
fire and police departments Assistant Director of Public Safety - Patrol Division and Assistant Director
of Public Safety - Fire Operations, who shall be notified Oft as to the route to be taken and when the
removal or relocation shall be made the date of the move.
D. The building official Building Division shall specify in the permit the route to be taken in
the moving of a building or structure, 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 department Assistant Director of Public Safety - Fire Operations.
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.
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G. No permit as required by this chapter shall be issued unless the applicant 3hoW5
demonstrates that he has adequate machinery, appliances and equipment to safely complete the
proposed n ,ovil.g move."
Section 25
That the Bozeman Municipal Code be amended so that Section 15.20.130 shall read as follows:
"15.20.130 Responsibilities of permit holders.
Every permittee under this chapter shall:
A. Move a building only over streets designated for such use in the written permit;
B. Notify the building officiBI Building Official or designee in writing of a desired change in
moving date and hours as proposed in the application;
C. Notify the buildil,g officiBI Building Official or designee in writing of any and all damage
done to property belonging to the city within twenty-four hours after the damage 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
extension is granted by the director of public safety Director of Public Safety or designee;
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 sanitary condition;
G. Properly disconnect all utilities, plug the sanitary sewer with a concrete plug, and have the
water department disconnect the water service."
Section 26
That the Bozeman Municipal Code be amended so that Section 15.20.140 shall read as follows:
"15.20.140 Moving permit - Revocation conditions.
The building official Building Official or designee is authorized and empowered 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 buildil'9 officiBI
Building Official or designee, public convenience and safety require such revocation."
Section 27
That the Bozeman Municipal Code be amended so that Chapter 15.28 shall read as follows:
"Chapter 15.28
DEMOLITION CODE
15.28.010 Title for citation.
This chapter shall be known as the "Demolition Code", "demolition code," may be cited as such,
and will be referred to herein as "this code."
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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 fordemolishing and disposing
of buildings and structures ~nd dispos~1 of s~fI"Ie.
15.28.030 Definitions and interpretation of language.
A. For the purpose of this code, certain terms, phrases, words and their derivations shall be
construed as specified in this section. Words used in the masculine gender include the feminine, and the
feminine the masculine.
B. "Building Official offici~I" means the officer or designee or other person charged by the
director of public s~fety Director of Public Safety with the administration and enforcement of this code';"
or his duly ~uthorized deputy.
C. The words "municipality" or "city," whenever used in the code adopted in this chapter,
means the city of Bozeman.
15.28.040 Permit License and Insurance. Required.
No buildil''ig or structure sh~1I be demolished witnin the city without first h~"ing obt~ined ~
demolition pell"it frol"n the building offici~1.
A. Any person, firm or corporation who engages in the business of building demolition within
the corporate city limits shall first obtain a demolition permit from the Building Official. At the time of
application for the permit, the applicant shall present proof of a valid City Business License.
B. Any person, firm or corporation engaging in the business of building demolition within the
corporate city limits shall first provide proof of genera/liability insurance in an amount acceptable to the
City; and which includes the City as an additional insured
C. A copy of the insurance policy shall be filed with the Building Division and shall release,
defend, indemnify and hold harmless the City of Bozeman, its officers, employees, agents and assigns
from and against any and all actions, claims, liabilities, demands or assertions of liability, causes of
action, losses, costs and expenses including, but not limited to, reasonable attorney's fees, involving or
relating to any harm, injury or damage, suffered or sustained which in any manner may arise or be
alleged to have arisen, or resulted or alleged to have resulted from the movement of the building or
structure.
15.28.050 Permit. Issuance approved when.
If the applicant for a permit under this chapter is qualified and has the license and insurance, and
is bonded has supplied the bond or cash equivalent as required elsewhere in this code, and in the
judgment of the building offici~1 Building Official the building or structure can be demolished as
contemplated, the building offici~1 Building Division shall issue a permit for the demolition except as
provided in Section 15.28.060.
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
demonstrates that he has adequate machinery, appliances, and equipment to safely complete safely the
proposed demolition and disposal.
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15.28.070 Permit--Fee schedule.
The applicant for a permit under this chapter shall pay a fee of $86.00 to the building official
Building Division for the issuance of st:::teh a demolition permit at the time of application. issuance thereof,
the following fee:
Volume ree
Under 5,000 cubic feet $ 5.00
5,001 cubic feet to 10,000 cubic feet 10.00
10,001 cubic feet to 15,000 cubic feet 15.00
15,001 cubic feet and over 20.00
15.28.090 Responsibilities of permit holder.
Every permittee under the chapter shall:
A. Conform strictly to the requiremel,ts of Chapter 44 of the Uniform Ouilding Code of tile city
of Oozeman;
BA. 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;
ea. Properly disconnect all utilities, plug the sanitary sewer with a concrete plug, and have the
water department disconnect the water service;
ac. Notify the Building Official building official in writing of any and all damages done to the
public or other property or persons within twenty-four hours after the damage or injury has occurred.
15.28.100 Permit - Performance bond requirements.
Every person, firm 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 shall release, defend, indemnify and hold harmless the
City of Bozeman, its officers, employees, agents and assigns from and against any and all actions,
claims, liabilities, demands or assertions of liability, causes of action, losses, costs and expenses
including, but not limited to, reasonable attorney's fees, involving or relating to any harm, injury or
damage, suffered or sustained which in any manner may arise or be alleged to have arisen, or resulted
or alleged to have resulted from indemnify and save and hold harmless the city frorn any and all claims,
demands, actions and darr'lages ',,~hich 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. Such bonds must be filed with the
building official Building Division.
15.28.110 Permit - Surety bond required when.
I A. Every person, firm or corporation applying for a demolition permit shall file with the building
official Building Division 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 of this section shall not apply to single-family residences,
garages, out-buildings, or customary accessory buildings or structures.
15.28.120 Failure to complete demolition - Work performed by City - Costs.
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. _.n _. _.__ _____ ____
If the permittee fails or refuses to complete the demolition authorized by this chapter within a
reasonable period of time, and, after ten days' written notice having been given to the permittee and
owner, 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. The permittee shall be
liable for any amounts not covered by the surety bond.
15.28.130 Permit - Revocation conditions.
The building official Building Official is authorized and empowered 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 Building Official,
public convenience and safety require such revocation."
Section 28
That Sections 15.08.020 through 15.08.190, 15.12.020, 15.12.030, 15.16.015 through 15.16.030,
15.24.010, 15.28.080, and 15.30.010 of the Bozeman Municipal Code are hereby repealed and declared
null and void and of no further effect.
Section 29
Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts
thereof in conflict herewith are hereby repealed.
Section 30
Savinas Provision. This ordinance does not affect the rights and duties that matured, penalties
that were incurred or proceedings that were begun before the effective date of this ordinance.
Section 31
Severability. If any portion of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions of this ordinance which may
be given effect without the invalid provisions or application and, to this end, the provisions of this
ordinance are declared to be severable.
Section 32
Effective Date. This ordinance shall be in full force and effect thirty (30) days after final
adoption.
PASSED by the City Commission of the City of Bozeman, Montana on first reading at a regular
session thereof held on the 21 st day of March, 2005.
1Jt~Yor
ATTEST:
~J~
R I L. SULLIVAN
Clerk of the Commission
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PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman,
Montana, on second reading at a regular session thereof h d on the 4 th day of Apri 1 ,
2005.
AN
ATTEST:
~./~
R N L. SULLIVAN
Clerk of the Commission
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