HomeMy WebLinkAboutOrdinance 94- 1389, Adds and Amends Ch. 15.01, technical codes
ORDINANCE
NO. 1389
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY ADDING NEW SECTIONS TO BE NUMBERED AS SECTIONS
15.01.010 AND 15.01.020 RESPECTIVELY; BY REVISING SECTIONS
15.04.010, 15.05.010, 15.06.010, 15.07.010, 15.08.010, 15.12.010,
15.14.010, 15.16.010, 15.24.010, 15.30.010, AND BY REPEALING
SECTIONS 15.05.020, 15.07.020, 15.08.200, 15.14.020, 15.20.150,
15.28.140 AND DECLARING SAME TO BE NULL AND VOID AND OF NO
EFFECT; FURTHER PROVIDING FOR THE ONGOING ADOPTION OF
VARIOUS MODEL BUILDINGS, HOUSING AND TECHNICAL CODES AND
THE ACCOMPANYING STATE ADMINISTRATIVE REGULATIONS, AND
PROVIDING A PENALTY FOR VIOLATIONS.
BE IT ORDAINED by the City Commission of the City of Bozeman, Montana:
Section
1
That the Bozeman Municipal Code be amended by adding a new Section to be
numbered 15.01.010, to read as follows:
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Section 2
That the Bozeman Municipal Code be amended by adding a new Section to be
numbered 15.01.020, to read as follows:
2
--
Section
3
That Section 15.04.010 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
"15.04.010 AdoptioA by refereAee of the 1991 EditioA of the Uniform Building Code and the
1991 EditioA of the Uniform Building Code Standards.
/; certain document, one oopy of whioh is on file and is opon for inspection by the
public in the offioo of the Clorl( of Commission of tho City af Bozoman, 411 E;Jst Main,
Bozeman, Montana, being marl(ed and designated as: II'f:I Uniform Building Code, -t-994--
Edition, published by the International Conference of Building Officials, including ^ppendix
Chapters 7, 10, 12, 23, 32, 40, 53, 55 and 57, and the Uniform Building Code Standards,
1991 Edition, published by the International Conference of Building Officials, be ;Jnd the
5af'fte arc adopted as the oode of the jurisdiction of the City fer regulating ~ig:~tit~i the
erection, construction, enlargement, alteration,
repair, moving, removal, demolition,
conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and!:~:~
structures in the jurisdiction of the City; ~~!:::::!'providing for the issuance of permits and
collection of fees therefor.; and each and 011 of the reflulations, provisions, oonditions and
terms of such Uniform Building Code, 1991
Edition, ;Jnd tho Uniform Building Code
Standards, 1001 Edition, published by the International Conference of Building Officials, all
of whioh arc on file in the office of the Clerk of the City Commission ;Jre referred to, adopted
and mode 0 part hereof os if fully set out in this chapter."
Section
4
That Section 15.05.010 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
"15.05.010 Adoption by reference of the 1986 CABO One and Two Family Dwelling Code
with its 1987 1988 ameAdments.
That certain document, three copies of which arc on file in the offioe of the building
official of the City of Bozeman, Montano, and at the offices of the Clerk of Commission of
the City, 411 East Main Street, Bozeman, Montana, being marked and designated os thc
1086 the CABO One and Two Family Dwelling Code with it 1087 1988 amendments is
adopted by the City Commission of the City. r"g:~:!:i~if::::ii!Q~I~.i:::!~I:~~:i:r~I:::lmfl--f~'9.g~ri:li~~1
for the construction, prefabrication, alteration, repair, use, occupancy and maintenance of
detached one-family and two-family dwellings that certain code and stanaord known os the
1986 CABO One and Two Fomily Dwelling Code, along with its 1987 1088 amendments
3
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and the some is adopted and incorporated by referenoe os fully set forth in this ohopter, and
thc provisions thereof shall be oontrolling within the jurisdiotionollimits of the City ~~~:]jP9:r~
~~~ffi:::]:~'~'::::~!ri!:::~~wti!i-'--!n::::m~~~fi~::::!19::.:~~~!:r::::~i:~~~iqrY';;!!r9IM:tii:~"
Section 5
That Section 15.06.010 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
"15.06.010
Deel:JmeAt adopted by refeumce Ij'!----"~:;;;il::~mi:::::li:~f@fl:::::Eiliri~.;I~jli,ii.~~'~~M:
~j,i~~!r<<if
Thoro is odoptcd by the City Commission of tho City, to insure that :::Iny new
buildings constructed with publio funds ore acoessible to and functional for physically
h:::lndio~pped persons aooording to thc prinoiples :::Ipplio~blc to aooessibility to public buildings
for h~ndioopped persons that certain code and standards known as Part II, Uniform Federal
Aooessibility Stond:::lrds as promulgated in the Federal Register dotcd August 7, 1981, and
the samc arc adopted and inoorporated by reference as if fully set forth herein, and said
provisions thereof shall bc oontrolling within the limits of the City. 1~:r~:::::!:~:::::~f::::~~!:::::~i9.]~H
:rl
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!fl~t!:1::i:::i:::i~~r~~~~~::i::::i::i~9~rn!flij!t~tjgqi~.
~!:i~~fl~g!q'g~:ii::::~:f::I:~:::::::~!!~g~!~JJmi::::::11:~:!:IH:I':!f~flP:!:tl~::::::f~ri::::~~g:i:i'i!y::'::
iG~~~~!ln!li:i::~~~::::::~~~j:!i:~ny
~.~'~~~:!~i:~R@I:::.~iiri~:~:i:* ..
Section 6
That Section 15.07.010 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
"15.07.010
AdoptioA bOt referem:e of the 1988 EditioA of the Uniform Housing Code.
That oertoin dooumont, three oopies of whioh arc on file in the offioe of the building
offieial of the City of Bozeman, Montana, and at the offices of the CierI< of Commission of
the City, 411 East Main Street, Bozemon, Monton:::l, being marked and designated :::IS the
1988 Edition of the Uniform Housing Code is adopted by reference to be enforoed '.'vithin the
j u risd iotiono Iii mits of the City. mtli----y.~~~~:rl:]JggiiES..wfl@.ii.::~p~fj'~j:i:i~~~:::~~::iJ,m~:::~:i
!i:rQI~:'Qii;M!.!
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Section 7
That Section 15.08.010 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
4
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"15.08.010
Document adopted by reforence. l!trtb!J::::~~~9:~r~~i:~j:::U~!~~
A.
A certain document, three copies of whioh arc on file in the offioe of the
building inspeotor of the City of Bozeman, being marked and designated 03 "National
Electrical Code, 1081 Edition, published by the National Fire Protective Association," is
adopted as the electrical code of thc City.,for thc regulation of ~~~lii~~~ii::]TIi:Q~I:y.:1
electrical
installation, repair and maintenance i;'I:Q~~:r~~::::I:~:I::::~~i.~!:~~.nl~.~ in the City beiAQ
referred
to and mode 0 part hereof os if fully set out in this ohopter.
B.
To supplement the National Eleetrioal Code as modified by the state, the City
adopts and incorporates by reference into the Bozeman Municipal Codc the modifications ~s
set in the Administrative Rules of Montana at Section 8. 70.401 et seq., except for
subparagraphs 3 and 7 of Seotion 8. 70.402. of the Administrative Rules of the Montano
Code."
Section 8
That
Section 15.12.010 of the Bozeman Municipal Code be amended so that sueh
section shall read as follows:
"15.12.010
Document Adopted by Reference Copies OR File iT~!':YQ~19!m:::::I!I:~@n~pi'!
Code]
.................
A oertain dooument, one copy of which is on file in the Office of the building official
of the City of Bozeman, Mont;mo, ~md ;)t the offioes of the Clerl( of Commission of tho City,
411 East Main Street, Bozeman, Montano, being marl<cd and designated os "[the Uniform
Mechanical Code, 1901 Edition, published by the International Conference of Building
Officials, including Appendix B Chapters 22 and 23, be and the same is adopted os the
Meohanioal Cod e of the City ~j1~q~~~~.i~:::~~~:::::~:~~~~~!:~::::I~!~I!I::::i~i:i~:~r~!.~g.i~f~i:~:i:~~~:::n~
~
for regulating and controlfffttt the design, construction, installation, quality of materials,
location, operation and maintenance of heating, ventilating, cooling, refrigeration systems,
incinerators and other miscellaneous heat-producing appliances in the City and its
jurisdictional area; providift~Q for issuance of permits and collection of fees therefor; ~QQ
. . . . . . . . . . . . . .
.... ...........
providffifJ~1 ~~:~:~~!I~i.!::~:lr~:::"~1@!ailg penalties for violation of such eod8f;~ and eaoh
and 011 of
the regulations, provisions, penalties, oonditions ;)nd terms of suoh Uniform Meoh;)nio;)1
Code, 1001 Edition, published by the International Conference of Building Officials, on file
in the office of the building offioi;)l, ;)re referred to, adopted ;)nd m;)de a port hereof a$
if fully
set out in this chapter; save and exeept such portions thereof os hove been deleted,
modified, or ;)mended as hereinafter set forth."
5
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Section 9
That Section 15.14.010 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
"15.14.010
Adoption by reference of the 1986 Edition of the Model Energy Code.
^ oertain dooument, one oopy of which is on file and open for publio inspection in
offioe of the Clerk of Commission of the City of Bozeman loeated in the Munioipal Building,
411 East Main Street, Bozeman, Montana, and being entitled
Wthe Model Energy Code,
1986 Edition, published by the Council of American Building Officials;~: end eaeh and all of
the regulations, provisions, oonditions and terms thereof be and tho some ore adopted bV
reference os the Model Energy Code of the City to regulate the design of building envelopes
for adequate thermal resistance and low air leakage and the design and selection of
meehanioal, eleotrioal servioe, water heating, and illumination systems and equipment whioh
will enable effeotive use of energy in buildings os provided therein; and further providing for
the issuance of permits and the collection of fees therefor to be cstablished by resolution of
the City Commission li~i~:!:!i:~:~U~:::m:!:~~I~:m::::~~i:~:!:~ill:~~~:::~!t::;~~g~iiigQ:::g~:::~il:::i:~H~:!:Q
~I-:im~
i~:r~9t:~~rii~:::;::~i~~..:~.;:i~~;!j.~gil:;~~:;t9j:::1x:!:it'Q.gl:::;I~~~~1rn.g~t:!:!::!~"g:~~ij.~mi;::::~~~i
:j:~~;:;::;iitit~it::::::~mY:IJ~!ii~:::::;irn~
~:~:!~~~!I!::;:::9!;...:.~tt~i~.;;:.tt~~!!mS'~';:;;'M~'njU~~i~m~;;::':~~:m:::9~m~[!~~9:~:!:~:~m::::~~I:!E~-;-I
~~!t::::::m~i!~~S:~:::::::~r:~EI~~~ll
~~~tr!9M!!9m~Q~-:Jr:!gl~g~~!mS~y~~~.~m~-!9H~pl~:i1::::~~~::::~~~19t!M!::;;:4i!..9~.!tj!tg:~:~"
Section 10
That Section 15.16.010 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
"15.16.010 Documcnt Adopted by Reference Copies on File'::Y!J,19rm:::::I~~i:~f:R~:::::gq!!.
A oertain document, one copy of which is en file in the office of the building official of
the City of Bozeman, being marked and designated os ~the Uniform Plumbing Code, 1 ~O1
Edition, as published by the International Association of Plumbing and Mechanical Officials,
with Montana amendments whioh arc set forth in Seetion 8. 70.302 of the Administrative
Rules of Montano which arc attached hereto os Exhibit A and arc inoorporated by referenoe
os though fully set forth in this ohapter, be and the same is hereby adopted as the plumbing
oode of the jurisdictional area of the City of Bozeman for the regulation ~~~:~:f:~Ji! plumbing:~
g~$.pip~99 and drainage systems~;in the jurisdictional orca of the City; providing for penalties
. .......,.. ,n. _,_".., . ..
............................. --
for violation of such code; and eaoh and all regulations, provisions, penalties, conditions and
terms of the Uniform Plumbing Code, 1 ~01 Edition, os published 13'( the International
6
..
-.--.- "'Ii";'
Associotion of Plumbing and Mcchanieal Officials with Montone amendments adopted
prcviously which oro 50t forth in Section 8. 70.302 of thc Administrative Rulcs of Montano
which arc attachcd hereto os Exhibit A and ore incorporated by reference as though fully set
forth in this chapter and on file in the office of the building official, arc referred to, adopted
and mode 0 part hereof os if fully sct out in this chapter; save and except suoh portions
thereof os have been deleted, modificet, or amended as heroinafter set forth and is to be
enforoed within in the jurisdietionallimits of the City. II
Section
11
That Section 15.24.010 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
"'5.24.010 Adoption by reference of the -1-99+ Uniform Code for the Abatement of
Dangerous Buildings.
^ certJin document, one oopy of which is on file in tho office of the building official
of the City of Bozeman, being marked ond designated os mthe Uniform Code for the
Abatement of Dangerous Buildings, 1991 Edition, published by the International Conference
of Building Officials, be and the some is hereby adopted os the abatement of dangerous
b u i Id i n gs ood e of th e City . :~:~:~:p,~iiy]~:~ii::::::~:::::,]!~~~.::::~.:iqM:!~i:~I~:~j~[::~:~:~'~.:~
;:~~lP!~B~:~j:i:~~~::::m!t~gl:~l~~:l!9:::~::::~~
PYI'I"I'yl!!~X~-:::I!~~?mg::::!o.:ll:j~:~:!~'~~:l:!glll!lQM'.:9~tl!:~j:-r~-I'I"I!9.M:::~~i~~~:~I-::IYj::II~:::
:~~~~ll":9l9::-PB;~~:::::fflB!~l":99
~~~~~:~:::::~:~::~:::~~ffl:~:~I!l~!:~:::j~jii.:!~!~~~.::::-:!i::-:':!!lj~:~j~jlffl:~:~~~~:::::::Rg:!~ftim9!~~:
~~::gt::::::~!t~9!Hf~'i~j~jjj~!~~::::::~~~::::::lE!I';qt~j~:~j~~i
j.Yr:!il.!.itig.o~~l::i:r~i::::I~J~~:::!r~:~:~~~~i:::~@g~~ for regulating the olteratians, additions,
and repairs
of 011 struotures in tho City; providing for the proper legal steps in Jboting dilapidJted,
defective buildings which endanger ~D~ life, limb, health, morals, property, safety, or welfare
of the ge ne ra I pub I ie 0 r thei race u pa nts::::::"I~y-'::lj@~:::::::tii~jr~~-!g':::::::lij:::::::t~ji:~.
!tiq"'*~~i~il:jj~:~jPt
d:ambl,jfiid:;;; providing penalties for the violation of sueh code; and each and 011 of the
:.;.;.:.:.;.:.;.;.;.;.;.:.;.;.;.;.:.:.:.;.:.:.:.;.:.:.:.:.:.:.;.;.:.:.
regulations, provisions, oonditions and terms of suoh Uniform Code for the AbJtement of
Dangerous Buildings, 1 !)01 Edition, published by the International Conference of Building
OffieiJls, on file in the office of the building official, Jre referred to Jdopted and mJde 0
port
hereof os if fully set out in this ehopter; save and except such portions thereof os have been
deleted, modified, or amended JS hereinJfter sct forth."
Section
12
That Section 15.30.010 of the Bozeman Municipal Code be amended so that such
section shall read as follows:
7
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15.30.010
Adoption by reference of the Uniform Code for Building Conservation, 1991
Edition.
That a oortain dooument, one eopy of whioh is on filo and is opon for inspootion by
the J)ublie in the offioe of the Clerk af Commission of the Cit., of Bozeman, 411 East Main
Stroot, Bozeman, Montana, and ono copy of which is on file at tho office of the building
offioial, being merited end designated as;;!ttfiti Uniform Code for Building Conservation, 1001
~:~
:~:~:~:~:~:~:~:~:~: ~;;;~
Edition, published by the International Conference of Building Officials, exoluding Chapter 4,
5 and 7 e)(eept as referenoed by ChaJ3ter 6, Historic Structures, be Elnd the same are adopted
as the oode of the jurisdiotion of the City for regulating !:miji~r~Qii::::~I:~:~:~~gi~~gM~~~:~:~~~!~~:~~~:~!~
r~ii~::~~:~~~I~!~I::~~~I!,:g9.:ib~i~gflp...~MUgimli:'i~1:::i~~~:ijtM'~i:~::I~ji):~i~~I~:~:~'
the mi n i mu m standard s
for change of occupancy, alteration or repair of existing buildings and structures~: in the
jurisdiction of the City providing for issuance of permits and collection of fees therefor; and
eaoh and all of the regulations, provisions, oonditions and terms of suoh Uniform Code for
Building Conservation, 1001 Edition, published by the International Conferenoe of Building
Offioials, all of whioh arc on file in the offioe of the CierI< of the City Commission and are
referred to, adopted and made a part hereof as if fully set out in this ehoptcr."
Section
13
That the currently existing Sections 15.05.020, 15.07.020, 15.08.200, 15.14.020,
15.20.150, and 15.28.140 of the Bozeman Municipal Code are hereby repealed and declared
null and void of no effect. All resolutions, ordinances and sections of the Bozeman Municipal
Code and parts thereof in conflict herewith are hereby repealed.
Section
14
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
15
Severabilitv
If any portion of this ordinance or the application thereof to any person or
circumstances 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.
8
.-. -.-.--------. ---.-
Section
16
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 7th day of November 1994.
ATTEST:
~~~~
ROBIN L. SULLIVAN
Clerk of the Commission
PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading at a regular session thereof held on the
28th day
of November 1994.
ATTEST:
/~
" y/"- .
R BIN L. SULLIVAN
Clerk of the Commission
APPROVED AS TO FORM:
9
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u......._ _
State of Montana
)
County of Gallatin
)
City of Bozeman )
I, Robin L. Sullivan, Clerk of the Commission of the City of Bozeman, Montana, do
hereby certify that the foregoing Ordinance No. 1389 was published by title and number in
the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said
City, in the issue dated the 1 st day of December 1994, and due proof of such publication
is on file in my office.
IN WITNESS WHEREOF I hereunto set my hand and affix the corporate seal of my
office.
ROBIN L. SULLIVAN
Clerk of the Commission
10