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HomeMy WebLinkAboutProvisional Adoption of Ordinance No. 1791, Adopting the 2009 International Fire Code.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Jack Coburn, Deputy Fire Chief -Inspections Jason Shrauger, Fire Chief Chuck Winn, Assistant City Manager SUBJECT: Ordinance No. 1791 – Adopting by Reference the 2009 International Fire Code as adopted by the State of Montana; amending Chapter 15.36.010 of the Bozeman Municipal Code to recognize said adoption; and allowing continual adoption by reference of subsequent versions of the International Fire Code. MEETING DATE: August 9, 2010 AGENDA ITEM TYPE: Action RECOMMENDATION: Adopt Ordinance No. 1791 – Adopting by Reference the 2009 International Fire Code as adopted by the State of Montana; amending Chapter 15.36.010 of the Bozeman Municipal Code to recognize said adoption; and allowing continual adoption by reference of subsequent versions of the International Fire Code. BACKGROUND: The existing Fire Code enforced by the City of Bozeman is the National Fire Protection Association 1 Uniform Fire Code (NFPA 1/UFC). Over the past year, and after many months of deliberations, the State of Montana chose to adopt the International Fire Code which is a companion code to the International Building Code. On February 12, 2010, the State of Montana, Department of Justice, adopted NOTICE OF AMENDMENT (23.12.601), attached to this memo. This amendment adopted, with modifications the 2009 International Fire Code. This adoption of the new code also repealed prior editions of the previous code (NFPA 1/UFC). Montana Code Annotated, 7-33-4208 states that an incorporated city or town may adopt technical fire codes, in whole or in part, by reference under the procedure provided in 7-5-4203 MCA. 61 In the past, new editions of the Fire Code were adopted by administrative order. Unfortunately the existing version of BMC 15.36.010 is specific as to which code is adopted and only allows us to adopt versions of the NFPA 1/UFC, not versions of any other code such as the International Fire Code. Essentially BMC 15.36.010 is specific to brand name but not specific to version of the “brand” allowing for version updates to be addressed by Administrative Order. The change in Fire Code “brands” requires a change to Bozeman Municipal Code 15.36.010 to allow us to adopt the Fire Code that has been adopted by the State of Montana. Ordinance 1791, as amended, allows adoption of the International Fire Code and future revisions by Administrative Order and cleans up other minor changes the city has seen over the past few years such as the address of City Hall and changes to the Department of Public Safety. Ordinance 1791 also specifically adopts the 2009 International Fire Code. Nationwide there are conversations occurring in communities concerning the issue of residential fire sprinklers. Residential fire sprinklers are part of the International Building Code and the International Residential Code. As a result, adoption of the 2009 International Fire Code does not adopt residential fire sprinklers in our community. Specific changes to fire sprinklers in the 2009 International Fire Code are detailed in the attachment titled “Significant Changes to the International Fire Code, 2009 Edition” attached to this memo. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: Fiscal impacts have been budgeted for in the Preliminary FY11 budget. Impacts include purchase of code books (less than $500) and training and certification on the new code for staff (Less than $3000). ALTERNATIVES: As suggested by the City Commission. Attachments: Notice of Amendment (23.12.601) State of Montana Significant changes to the International Fire Code, 2009 Edition Ordinance No. 1791 Report compiled on: July 21, 2010 62 63 64 Significant Changes to the INTERNATIONAL FIRE CODE© 2009 Edition 1. Group E Occupancies (Schools) a. Section 903.2.3 the fire area limit for the installation of an automatic sprinkler system was reduced from 20,000 square feet to 12,000 square feet. The reduction to 12,000 square feet now treats the fire hazards associated with Group E occupancies equally with other occupancies with similar fuel loads and hazards, such as Group F-1, S-1 and M occupancies. 2. Group M Occupancies (Furniture) a. Section 903.2.7 now requires the installation of an NFPA 13 – compliant automatic sprinkler system in a Group M occupancy that is used for the display and sale of upholstered furniture. This provision is not tied to the fire area of the occupancy, but instead, is based strictly on the use of the occupancy (display and sale of upholstered furniture). 3. Group B (Ambulatory Health Care Facilities) – Fire Sprinklers a. Section 907.2.2 now requires an automatic sprinkler system shall be installed throughout all fire areas containing a Group B ambulatory health care facility when either of the following conditions exists at any given time: i. Four or more care recipients are rendered incapable of self-preservation. ii. One or more care recipients that are incapable of self-preservation are located at other than the level of exit discharge serving such an occupancy. 4. Group B (Ambulatory Health Care Facilities) – Fire Alarm a. Section 907.2.2 now requires a manual fire alarm be installed in Group B occupancies where one of the following conditions exists: i. The combined Group B occupant load of all floors is 500 or more. ii. The Group B occupant load is more than 100 persons above or below the lowest level of exit discharge. iii. The Group B fire area contains a Group B occupancy ambulatory health care facility. Exception: Automatic Fire Sprinkler System with occupant notification from a water flow. b. Section 907.2.2.1 requires electronically supervised automatic smoke detection system installed within the ambulatory health care facility and in public use areas outside of tenant spaces, including public corridors and elevator lobbies. Exception: Automatic Fire Sprinkler System with occupant notification from a water flow. 65 ORDINANCE NO. 1791: Amending BMC 15.36.010, Adoption by Reference of International Fire Code Page 1 of 5 ORDINANCE NO. 1791 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE 2009 INTERNATIONAL FIRE CODE AS ADOPTED BY THE STATE OF MONTANA; AMENDING CHAPTER 15.36.010 OF THE BOZEMAN MUNICIPAL CODE TO RECOGNIZE SAID ADOPTION; AND ALLOW CONTINUAL ADOPTION BY REFERENCE OF SUBSEQUENT VERSIONS OF THE INTERNATIONAL FIRE CODE. WHEREAS, pursuant to Sect. 7-33-4208, MCA, the governing body of an incorporated city or town may adopt technical fire codes, in whole or in part, by reference under the procedure provided in 7-5-4202, MCA; and WHEREAS, pursuant to Sect. 7-5-4202(1), MCA, the governing body of an incorporated city or town may adopt technical building, zoning, health, electrical, fire, and plumbing codes in whole or in part by reference; and WHEREAS, on February 12, 2010, the State of Montana, Department of Justice, adopted at Sect. 23.12.601, Admin. R. Mont. a Notice of Amendment to its technical codes, adopting the 2009 International Fire Code with specific enumerated modifications; and WHEREAS, also on February 12, 2010, the State of Montana, Department of Justice repealed the National Fire Protection Association 1 Uniform Fire Code (NFPA 1/UFC) which the city had previously adopted by reference; and WHEREAS, Sect. 7-5-4202(2), MCA, requires a notice of intent to adopt a technical code in whole or in part by reference be published as provided in Sect. 7-1-4127, MCA; and 66 ORDINANCE NO. 1791: Amending BMC 15.36.010, Adoption by Reference of International Fire Code Page 2 of 5 WHEREAS, the city of Bozeman published in the Bozeman Daily Chronicle a notice of intent to adopt the 2009 International Fire Code by reference into the Bozeman Municipal Code on August 1st and 8th, 2010; and WHEREAS, upon the effective date of this Ordinance a copy of the 2009 International Fire Code will be filed with the Bozeman City Clerk; and. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Adoption of 2009 International Fire Code. That the city of Bozeman hereby adopts those portions of the 2009 International Fire Code which were adopted by the State of Montana, Department of Justice on February 12, 2010 for the city of Bozeman jurisdictional area. Section 2 That the Chapter 15.36.010, Bozeman Municipal Code, shall be amended as follows and any section within Chapter 15.36 not amended herein shall remain in effect: 15.36.010 Adoption by reference of the Uniform Fire Code, and Administrative Rules International Fire Code. A. The current edition of the NFPA 1 Uniform Fire Code (NFPA 1/UFC) International Fire Code together with any supplements, 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. B. 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 of Bozeman, 411 East Main Street 121 North Rouse Avenue, Bozeman, Montana, and one copy shall be kept on file in the office of the Director of Public 67 ORDINANCE NO. 1791: Amending BMC 15.36.010, Adoption by Reference of International Fire Code Page 3 of 5 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 Fire Department, 34 North Rouse, Bozeman, Montana. C. 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 International Fire Code or applicable Administrative Rules of Montana shall become effective 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 and the corresponding new edition will be kept in the office of the Clerk of the Commission, the Director of Public Safety, and the Bozeman Fire Department. E. The NFPA 1/UFC International Fire Code, Administrative Rules of Montana, as adopted above, are applicable within the city limits of Bozeman. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. 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 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect 68 ORDINANCE NO. 1791: Amending BMC 15.36.010, Adoption by Reference of International Fire Code Page 4 of 5 the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification Instruction. The provisions of Sections 2 shall be codified as appropriate in Title 15 of the Bozeman Municipal Code. Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 9th of August, 2010. ______________________________ JEFFREY K. KRAUSS Mayor ATTEST: _____________________________________ STACY ULMEN, CMC City Clerk 69 ORDINANCE NO. 1791: Amending BMC 15.36.010, Adoption by Reference of International Fire Code Page 5 of 5 FINALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 23rd of August, 2010. ______________________________ JEFFREY K. KRAUSS Mayor ATTEST: _____________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ______________________________ GREG SULLIVAN City Attorney 70