HomeMy WebLinkAboutOrdinance 10- 1791 2009 International Fire CodeORDINANCE 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. P. 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repealed the National Fire Protection Association 1 Uniform Fire Code (NFPA I /UFC) which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
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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 1" and Sth, 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 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, n 11 East Mai+i S4fee 121 North Rouse Avenue
Bozeman, Montana,
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Saf�4y of 4he City of Bozeman 411 East Main Stfeet, 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 NF-PA
!�WFG 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 Dir-eeter- of Publie Safety,- and the Bozeman Fire
Department.
E. The NFPA 1, 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
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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 hill force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 9M of August, 2010.
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FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on second reading
at a regular session held on the 23rd of August, 20
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