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HomeMy WebLinkAboutOrdinance 04- 1619 Adopts current edition of Fire Code by Administrative Order --..-.......---........ ORDINANCE NO. 1619 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING 15.36.010, PROVIDING FOR THE ADOPTION OF THE CURRENT EDITION OF THE UNIFORM FIRE CODE AND PROVISIONS CONSISTENT WITH THAT CODE; PROVIDING FOR ADOPTION OF FUTURE EDITIONS BY ADMINISTRATIVE ORDER OF THE CITY MANAGER; AND AMENDING THE PENAL TY PROVISION. BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the Bozeman Municipal Code be amended by amending 15.36.010 to read as follows: 15.36.010 Adoption by reference of the Uniform Fire Code, Uniform rire Code Standards and Administrative Rules. A. The current edition of the NFPA 1 Uniform Fire Code ~md appel,dices (NFPA 1 /UFC) together with any supplements, and the Uniform rire Code Standards, adopted by the Fire Prevention and Investigation Bureau of the Montana Department of Justice (or its successor), as set out in the Administrative Rules of Montana, and as amended from time to time by the Bureau, are adopted by reference and incorporated in this chapter as if set forth in full. with the additions, amendments, and deletions enumerated within the Administrative Rules, except as may be noted in this chapter, by future Administrative Order, or by any regulations not applicable to local government jurisdictions. O. 1. In addition to those adopted in subsection A of this section above, the city specifically adopts by reference and il,corporates in this chapter the followil,g portions of current edition of the Uniform rire Code: a. Appendix 1-A Section 1, part 1.1, and Sections 2, 3, 4 al,d ::; in their entirety; b. Appendix III - A; and c. Appendix III O. 2. All provisions adopted herein are immediately enforceable by the city with exception of Appendix I-A, Section 4 entitled Oasement Access or Sprinkler rrotectior.. The requirements set forth in that provision shall become enforceable only upon the occurrence of any of the following: a. Change of ovvnership, b. Change of use as defined by the Uniform Ouilding Code; or c. Any alterations, additions or repairs affecting the plumbing, are structural, or electrical in I.Bture. 6S. One copy of the current edition of the code shall be kept on file in the office of the Celerk of the Ceommission of the Ccity of Bozeman, 411 East Main Street, Bozeman. Montana, and one copy shall be kept on file in the office of the Director of Public Safety of the City of Bozeman 411 East Main Street, Bozeman, Montana, and one (1) copy shall be kept on file in the office of the Bozeman Ffire Ddepartment, of the city 34 North Rouse, Bozeman, Montana. ac. Any amendments adopted by the Fire Prevention and Investigation Bureau which apply to local government jurisdictions, including the adoption of the latest editions of the NFPA 1/UFC Uniform rire Code or applicable Administrative Rules of Montana, shall become effective tn-t/'te city ninety days after the date the Oureau notifies the city of the amendn rents. upon execution of an Administrative Order of the City Manager unless a different effective date is specified in the Administrative Order. ED. A copy of the amendment notification and the corresponding new edition will be kept in the office of the Celerk of the Ceommission, the Director of Public Safety, and the Bozeman Fire Department. FE. The Uniforn, rire Code NFPA 1/UFC. Uniform rire Code Ctandards and Administrative Rules of Montana, as adopted above, are applicable within the city limits of Bozeman. Section 2 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. Any damages caused or injuries sustained as a result of any violation of this chapter shall be ordered paid as restitution as a part of any conviction for any violation. The Court may order the reimbursement of costs of enforcement, investigation, fire suppression services, overtime and prosecution related to a violation upon conviction. Section 3 ReDealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 4 Savings 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 5 Severabilitv. 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 6 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 Boze , Montana on first reading at a regular session thereof held on the 2nd day of August 2004. ATTEST: ~J~ R L. SULLIVAN Clerk of the Commission - 2 - _.__.___.u_.__.__._._________...___ . PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session thereof held on t e 16th day of August 2004. TRARO, Mayor ATTEST: ~oi~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: I ,--~..pc.~ TIMOTHY A. COOPER - Acting City Attorney - 3 -