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HomeMy WebLinkAboutOrdinance 97- 1444, Adds Ch. 15.37, fire code board of appeals - ""tt., ..- ORDINANCE NO. 1444 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER 15.37 OF SAID CODE PROVIDING FOR THE CREATION OF A FIRE CODE BOARD OF APPEALS AND ESTABLISHING THE DUTIES AND RESPONSIBILITIES THEREOF. . WHEREAS, the Uniform Fire Code has been adopted as the minimum standards for the City of Bozeman; and WHEREAS, Section 103.1.4 of the Uniform Fire Code provides for the creation of a Board of Appeals to determine the suitability of alternate materials and types of construction under the Uniform Fire Code and to provide reasonable interpretation of the Uniform Fire Code; and WHEREAS, the City Commission deems it advisable and prudent to create a Board of Appeals for the general good of the City of Bozeman. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 . That Title 15 of the Bozeman Municipal Code be amended by adding Chapter 15.37 to be numbered and to read as follows: "15.37 Fire Code Board of Appeals 15.37.010 Creation The City Commission of the City of Bozeman 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 construction under the Uniform Fire Code and to provide reasonable interpretation of the Uniform Fire Code, as adopted by the City of Bozeman. 15.37.020 Membershio - 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, -- - - .__ ._u two appointed for two years and two appointed for three years. Succeeding appointments 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 remaining. D. Persons of legal age may be appointed to the board. A majority of the . board shall be residents of the city. Non-resident members of the 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 of Bozeman and the minimum bylaw provisions adopted by the board and approved by the Commission. G. The board shall hear appeals not more than thirty (30) days after filing thereof, and render all decisions 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. " Section 2 Repealer. All resolutions, ordinances and sections of the Bozeman Municipal Code and parts thereof in conflict herewith are hereby repealed. Section 3 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this . ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable. Section 4 Savings Provision. This ordinance does not affect the rights or duties that matured, penalties and - 2 - ------. . .-.--..- .-.-- --.---. ..-.-,,--- .. -. ....---.- assessments that were incurred or proceedings that were begun before the effective date of this ordinance. Section 5 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 21st day of July 1997. ( ~~ c! /3~~ DON E. STUECK, Mayor 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 18th day of Auqust 1997. ( ~ ? /?~/~ DON E. STUECK, Mayor ATTEST: (2~ Yd~~ ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: . - 3 - ----------------- ....--- -- - 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. 1444 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 22nd day of August 1997, 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 . . - 4 - BYLAWS OF THE FIRE CODE BOARD OF APPEALS ARTICLE I - CREATION The Fire Code Board of Appeals, hereinafter referred to as the Board, was created , 1997, by City of Bozeman Ordinance No. . ARTICLE II - POWERS AND DUTIES The Board shall be responsible for determining the suitability of alternate materials and types of construction under the Uniform Fire Code and to provide reasonable interpretation of the Uniform Fire Code, as adopted by the City of Bozeman, whenever requested to do so. ARTICLE III - MEMBERSHIP A. The Board shall consist of five members to be appointed by the City Commission. Members of this board shall be qualified by experience and training to pass upon pertinent matters. Members shall be appointed to staggered three-year terms. Initial appointments shall be made as follows: one appointed for one year, two appointed for two years and two appointed for three years. Each member may be reappointed without any limitation on the number of reappointments. Vacancies shall be filled in the same manner as original appointments, for the balance of the term remaining. B. Qualifications - Persons of legal age may be appointed to the board. A majority of the board shall be residents of the city. Non-resident members of the 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. C. Members shall serve without compensation for their time and services. D. Resignations - Resignations from the Board shall be submitted in writing to the City Commission, with a copy of the letter to be sent to the Chair. E. Removal from office - Any appointee may be removed from office by a majority vote of the City Commission. F. Three unauthorized consecutive absences from Board meetings shall be grounds for removal as a member of the Board. Such removal may be by action of the Board, if those absences have not been authorized by the Chair or the Vice-Chair. ARTICLE IV - OFFICE OF AGENCY. STAFF SUPPORT The Board shall maintain its offices in the office of the Fire Marshal. The Fire Chief, or his designee, shall serve as an ex officio, non-voting member of the Board and shall serve as its Secretary. . ARTICLE V - OFFICERS AND THEIR DUTIES A. The Board shall elect from its voting members a Chair and a Vice-Chair at its first regular meeting of each calendar year. The Fire Chief or designee shall be an ex officio member and shall act as secretary of the Board. B. The Chair shall preside at all meetings of the Board and shall exercise the duties normally conferred by parliamentary procedure on such officers. The Chair may call special meetings and generally perform other duties as may --..----".. ------ --.- be prescribed by the Board or the City Commission. The Chair shall initiate items for discussion and recognize all matters brought up for discussion before the Board. C. The Chair and the Vice-Chair shall continue to serve as voting members of the Board following their election. D. The Vice-Chair shall have the authority to act as Chair in the absence or disability of the Chair. . E. In the absence of the Chair and the Vice-Chair, the members of the Board shall select an Acting Chair. F. The Secretary shall be responsible for taking, preparing and distributing the minutes of all meetings. One copy shall be filed in the Office of the Clerk of the Commission, which copy shall be the official approved minutes of the Board. ARTICLE VI - MEETINGS A. The Board shall meet in an initial organizational meeting within sixty (60) days of creation and appointment. Meetings thereafter shall be held as necessary to respond to a request for interpretation of the provisions of the Uniform Fire Code. A regular meeting place for the Board shall be established. 8. Quorum - A majority of appointed members shall constitute a quorum. C. All meetings of the Board shall be open to the public, and its documents shall be open for inspection and review during regular business . hours of the City. Reasonable public notice shall be given prior to meetings. D. Meetings of the Board shall be conducted according to all applicable rules and regulations of the City of Bozeman and according to Robert's Rules of Order, unless otherwise specified in these Bylaws. A voting member of the Board may be designated by the Chair to serve as parliamentarian. E. Conflict of interest - A member of the Board who has a financial interest in an item under consideration by the Board shall declare a conflict of interest and shall not participate in the discussion and vote taken on the item. Board members shall be bound by all applicable provisions of the Code of Ethics adopted by the City of Bozeman. In the event of disqualification from a conflict of interest, such fact shall be entered into the minutes of the meeting. ARTICLE VII - OPERATING POLICY/DISCRIMINATION/ADA No person shall, on the basis of race, creed, sex, sexual preference, color, age, national origin, marital status, handicap, religion, membership or any other constitutionally recognized right, be excluded from membership or participation in, or be denied the benefits of, or be subject to discrimination under any program or activity acted upon the by the . Board. All meetings of the Board shall be held in an accessible location. If a person has a disability that requires assistance, the contact person shall be the City's ADA Coordinator. ARTICLE VIII - AMENDMENTS Bylaw amendments may be introduced in writing by any member of the Board at a regular meeting. Action by a majority of the Board on the amendments may be taken on second reading at any future regular meeting. Bylaws shall not be amended in conflict with - 2 - - ___ ._. ___ .___ - n__________ .__.______.._ .... ._.___.__...._.._n. City of Bozeman policies or ordinances; and the City Commission shall be provided with information copies of bylaw amendments. Bylaw amendments, once adopted by the Board, shall be forwarded to the Clerk of the Commission for inclusion in the official bylaws, and the official bylaws and all bylaw amendments shall then bear the signature of the current Chair. APPROVED AND ADOPTED by the Fire Code Board of Appeals this day of . ' 19 Chair ACCEPTED by the City Commission this day of , 19 - DON E. STUECK, Mayor ATTEST: . ROBIN L. SULLIVAN Clerk of the Commission APPROVED AS TO FORM: PAUL J. LUWE City Attorney . - 3 -