H4. Ordinance 1856, 2018 Fire Code AdoptionKALISPELL FIRE DEPARTMENT
Dave Dedman — Fire Chief PO Box 1997
Jon Campbell — Assistant Fire Chief , , , 312 First Avenue East
Cec Lee — Executive Secretary TALI SPELL Kalispell, Montana 59901
Phone: (406) 758-7760
FAX: (406) 758-7777
REPORT TO: Doug Russell, City Manager
FROM: Dave Dedman, Fire Chief
SUBJECT: Adoption of the 2018 International Fire Code
MEETING DATE: March 15, 2021
BACKGROUND: The State of Montana adopted the 2018 edition of the International Code
Councils code sets including building, residential, mechanical, fuel gas and plumbing and the 2017
electrical code, subsequently the City of Kalispell adopted the codes on March 2, 2020 via
Ordinance 1839. The State of Montana's Fire Marshal's Office was expected to adopt the
correlating 2018 International Fire Code last spring but has not done so. Although the State has not
adopted the 2018 International Fire Code, City staff is recommending the City move forward with
adoption of the code.
Adoption of the 2018 International Fire Code by the City of Kalispell will provide guidance to
developers, engineers, construction trade employees and City of Kalispell Building Department staff
in establishing safe and updated construction requirements and general safety provisions for the
community. The update in the fire code is generally related to updates in the building codes and
construction features that have changed.
The Kalispell City Council held a work session on the proposed code updates at their work session
on February 24, 2020. At that time staff highlighted the changes to the codes and answered Council
questions. Staff is recommending that the City delete the provisions within the fire code that allows
barbecues on the decks of sprinkled buildings and the provisions that allows for the regulation of
suppression systems in food trucks. Following a brief discussion, staff was directed to schedule the
matter for the Council's consideration. As mentioned above, the Council did proceed with the
building, residential, mechanical, fuel gas and plumbing and the 2017 electrical code, however, due
to the lack of action at the state level has not previously brought forth the 2018 International Fire
Code. It does not appear the state will be adopting the 2018 International Fire Code in the near
future; therefore, staff is recommending the City move forward with adoption of the 2018
International Fire Code establishing updated construction requirements and general safety provisions
for the community.
A notice of intention to adopt the International Fire Code was published in the legal ads of the Daily
Inter Lake newspaper on February 28, and March 7, 2021, pursuant to Section 7-5-108 and 7-5-4202
Montana Code Annotated.
RECOMMENDATION: It is recommended the Kalispell City Council approve the first reading of
Ordinance 1856, an ordinance to amend Ordinance 1522, Ordinance 1682, and Ordinance 1753,
adopting, by reference, the International Fire Code and the appendices, 2018 Edition, with the
additions, amendments, and deletions to Kalispell Municipal Code Chapter 10 as enumerated and set
forth on Exhibit A, as the fire codes of the city of Kalispell, and applicable within the corporate
"Protecting our conununity with the highest level of professionalism. "
boundaries of the City, to provide a penalty for the violation of any lawful order issued pursuant
thereto and establishing an effective date.
FISCAL EFFECTS: No direct or major cost increases or other general increases noted. Some cost
increases will be attributed to size and type of facilities depending on case specific issues.
ALTERNATIVES: Failure to adopt agreed upon International Fire Code would place the City of
Kalispell current fire code out of concert with the adopted 2018 International Code Councils
building code sets.
ATTACHMENTS: Ordinance 1856
Notice of Intention
Fire code hllps://codes.iccsafe.org/content/IFC2018P5
"Protecting our conununity with the highest level of professionalism. "
ORDINANCE NO. 1856
AN ORDINANCE TO AMEND ORDINANCE NO. 1522, ORDINANCE NO. 1682, AND
ORDINANCE NO. 1753, ADOPTING, BY REFERENCE, THE "INTERNATIONAL FIRE
CODE" AND THE APPENDICES, 2018 EDITION (IFC), WITH THE ADDITIONS,
AMENDMENTS, AND DELETIONS TO KALISPELL MUNICIPAL CODE CHAPTER 10
AS ENUMERATED AND SET FORTH ON EXHIBIT "A", AS THE FIRE CODES OF THE
CITY OF KALISPELL, AND APPLICABLE WITHIN THE CORPORATE BOUNDARIES
OF THE CITY, TO PROVIDE A PENALTY FOR THE VIOLATION OF ANY LAWFUL
ORDER ISSUED PURSUANT THERETO AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell, pursuant to the authority provided to local government by the
State of Montana under 7-5-108, M.C.A., and 7-5-4202, M.C.A. may adopt uniform
technical codes by reference; and
WHEREAS, the Montana State Department of Justice permits local governments, such as the City
of Kalispell, to administer the state approved fire codes within the territorial
jurisdiction of the local government.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION 1. There is hereby adopted, by reference, the "International Fire Code" 2018 edition
(IFC) and the appendices, excepting therefrom the second exception of Section 308.1.4 Open -
flame cooking devices and all of Section 319.
At least one copy of said document shall be kept on file in the office of the City Clerk for
inspection by the public.
SECTION 2. Said Code shall apply to all buildings within the corporate limits of the City of
Kalispell.
SECTION 3. Chapter 10 of the Kalispell Municipal Code shall be amended as set forth in Exhibit
"A" attached hereto and incorporated fully herein by this reference.
SECTION 4. It is unlawful for any person to knowingly, purposely, willfully, or negligently
violate any lawful order issued pursuant to said codes; such a violation is an offense against the
City punishable as provided in Section 1-9 of the Kalispell City Code.
SECTION 5. This Ordinance is effective thirty days following final approval by the Council and
Mayor and the filing with the City Clerk of the prescribed copies of the Codes hereby adopted by
reference.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 5TH DAY OF APRIL, 2021.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Exhibit A
Chapter 10 FIRE PREVENTION
10-1 INTERNATIONAL FIRE CODE; ADOPTED
Adopted: There is hereby adopted, by reference, the International Fire Code and
Appendices, 2006 2012 edition (IFC), with the additions, amendments, and deletions
enumerated in this section.
afe modified in a66OFdanee with Montana Admiais4a-five Rules as follows -
a. DeleteWC EleetFieal Code cmd Feple uti-enal Qee4ieal Code.
b. Delete WC Inteffia-fienal Plumbing Cede a -ad Feplftee With U-nifeffn Plu-Mbing Cede-.
e. Delete WC ItAeFaa-fioaal PFOPeFty Mainten-anee-Code.
2. Seetion 105 PeFmits, is not adopted-.
3. Stibseetion 109.3 Viola-fion penalties, is not adopted.
shall b ffohibitedi r,-o r , , , -1-21 ^-Add? 4 oeelai�C-les.
1. Subsection 903.2.7 903.2.8 Group R, is deleted in its entirety and replaced with the
following:
a. An approved automatic sprinkler system installed in accordance with Section 903.3 shall be
provided in all Group R buildings meeting any of the following criteria:
1. 28 9 or more transient guests or 10 or more transient guestrooms;
2. 20 9 or more occupants in other than dwelling units;
3. 46 5 or more dwelling units; or
4. more than 2 stories.
b. In lieu of the above required automatic sprinkler system in buildings not more than 3 stories
above the lowest level of exit discharge, each transient guestroom may be provided with a least
one door leading directly to an exterior exit access that leads directly to approved exits.
c. "Transient guest-- for the purpose of this subsection shall mean and occupant who is
primarily transient in nature, staying at one location for 30 days or less.
d. the reauirements for automatic sprinkler systems for R-4 occupancies are found in ARM
24.301.146.
7. Stibseetio,, 907.2.8. i Mantial fire .,i.,,-.., s ,scow, ,,de . ;�i, t4e addition f
o
Q Stibseetio,, 907.3 Existing Btti ,aiags is of a rte a
9- 2. Subsection 1017.1 Construction, is amended by addition of the following:
a. Upgrading of corridors in existing E occupancies serving an occupant load of 30 or more,
may have walls and ceilings of not less than one- hour fire resistive construction as required by
the International Building code. Existing walls surfaced with wood lathe and plaster in good
condition or 1/2-inch gypsum wallboard or openings with fixed wired glass set in steel frames
are permitted for corridor walls and ceilings and occupancy separations when approved. Doors
opening into such corridors shall be protected by 20-minute fire assemblies or solid wood doors
not less than 1 3/4 inches (45 mm) thick. Where the existing frame will not accommodate the 1
3/4 inch -thick door, a 1 3/8 inch -thick solid bonded wood -core door or equivalent insulated steel
door shall be permitted. Doors shall be self -closing or automatic -closing by smoke detection.
Transoms and openings other than doors from corridors to rooms shall comply with the
International Building Code or shall be covered with a minimum of 3/4 inch plywood or 1/2 inch
gypsum wallboard or equivalent material on the room side. Exception: Existing corridor walls,
ceiling and opening protection not in compliance with the above may be continued when such
buildings are protected with an approved automatic sprinkler system throughout. Such sprinkler
system may be supplied from the domestic water system if it is of adequate volume and pressure.
44, 3. The following appendixes are adopted as part of this code:
a. Appendix B Fire -Flow Requirements for Buildings.
b. Appendix C Fire Hydrant Locations and Distribution.
c. Appendix D Fire Apparatus Access Roads.
d. Appendix I Fire Protection Systems- Noncompliant Conditions
10-2: INTERNATIONAL FIRE CODE; MODIFICATIONS TO CODE
The fire code official shall have the power to modify any of the provisions of the fire prevention
code adopted by section 10-1 of this chapter, upon application in writing by the owner or lessee,
or his/her duly authorized agent, when there are practical difficulties in the way of carrying out
the strict letter of the code; provided, that the spirit of the code shall be observed, public safety
secured, and substantial justice done. The particulars of such modification when granted or
allowed and the decision of the fire code official thereon shall be entered upon the records of the
department and a signed copy shall be furnished to the applicant.
10-3: INTERNATIONAL FIRE CODE; APPEALS
Whenever the fire code official shall disapprove an application or refuse to grant a permit
applied for, or when it is claimed that the provisions of the code do not apply or that the true
intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant
may appeal the decision of the fire code official to the city council with thirty (30) days from the
date of the decision appealed.
10-3-1: INTERNATIONAL FIRE CODE; INVESTIGATION OF COMPLAINTS
OF VIOLATIONS; NOTICE TO COMPLY WITH CODE; FAILURE TO COMPLY
WITH NOTICE
A. Investigation; Notice to Comply: It shall be the duty of the fire code official to investigate
complaints of violations of the fire prevention code received by him/her from any source. Upon
his/her determination that such code is not being complied with by any person, he/she shall
furnish such person with written notice thereof and require compliance therewith within sixty
(60) days of such notice.
B. Penalty: Willful refusal, neglect or failure to comply with the terms, conditions and
requirement of such code after receipt of written notice as hereinabove provided and the
expiration of sixty (60) days shall be an offense as provided for in section 1-9 of this code. Each
day of such noncompliance shall be a separate offense.
10-4: INTERNATIONAL FIRE CODE; PENALTIES
It is unlawful for any person to knowingly, purposely, willfully or negligently violate any lawful
order issued pursuant to said codes; such a violation is an offense against the city punishable as
provided in section 1-9 of this code.
10-5: WILLFULLY, CARELESSLY, SPILLING GASOLINE
It shall be unlawful for any person to willfully, negligently or carelessly cause or permit any
gasoline or other flammable or combustible liquid or substance to become spilled or wasted upon
the ground or other surface in such a manner or under such circumstances as to create a fire or
explosion hazard or endanger any persons or property.
10-6: FIRE PREVENTION DIVISION
A. Created: A butt division of fire prevention in the fiFe ,aepaFt ffl ci is hereby established
which shall be operated under the supervision of the chief of the fire department.
B. Chief Designated: The chief of the fire department sh-a4 may designate an officer or member
of the fire department or other qualified individual as chief of theme division of fire
prevention, who shall hold this office at the pleasure of the chief of the fire department.
C. Inspectors: The chief of the fire department may detail designate such other members of the
fire department or qualified individuals as inspectors as shall from time to time be necessary. The
Chief of the fire department shall recommend to the City Couneik Manager the employment of
certified technical inspectors, who, are certified through a national testing organization such as
NFPA or ICC. , shall be seleeted thfottgh an examina-fion to
aoamembeffi f the fiFe ,aepaftmeat „' � Appointments made afte - examina-fien shall be for an
indefinite term with removal only for cause.
10-7: BURNING GARBAGE, RUBBISH OR COMBUSTIBLE MATERIALS
A. Paper Products; Incinerator Required: It shall be unlawful to burn papers, paper goods,
cardboard or other combustible matter anywhere in the city except in an incinerator which shall
be so constructed and used as to prevent the spread of fire by an arresting screen or similar
device which prevents the escape of igniting particles or burning matter there from.
B. Rubbish, Garbage Prohibited: It shall be unlawful to burn rubbish or garbage of any kind
other than paper, paper goods, cardboard or other combustible matter anywhere in the city.
10-8: REMOVAL OF FIRE HAZARDS FROM PRIVATE PROPERTY REQUIRED
It shall be the duty of the owner, his representative or contract purchaser, or the occupant of real
property within the city to remove all dry grass, readily combustible rubbish or debris from said
property so that such material shall not constitute a fire hazard. After July 1 of each year all
weeds and grasses over eight inches (8") in height constitute a fire hazard for the purposes of this
section.
10-9: PROCEDURE UPON FAILURE OF PROPERTY OWNER
If the owner, his representative or contract purchaser, or the occupant of any real property in the
city shall, within ten (10) days after having been given written notice to do so by the city fire
chief, fail or refuse to remove there from all dry grasses, or readily combustible rubbish or
debris, or after July 1, remove any grasses or weeds over eight inches (8") in height, the city
manager is hereby authorized to remove such material, weeds or grasses and charge such person
with the cost of such removal and a reasonable administrative charge.
10-10: FIREWORKS; SALE PROHIBITED
It shall be unlawful for any person to possess for sale, sell or offer for sale, at retail, or use within
the city, any fireworks.
10-11: FIREWORKS; DEFINED
The term fireworks shall mean and include any combustible or explosive composition or any
substance or combination of substances or articles prepared for the purpose of producing a
visible or audible effect by combustion, explosion, deflagration or detonation and shall include
sky rockets, Roman candles, daygo bombs, blank cartridges, toy cannons, toy canes, toy guns in
which explosives other than toy caps are used, the type of balloons which require fire underneath
to propel the same, fire crackers, torpedoes, or other fireworks of like construction and any
fireworks containing any explosive or flammable compound or any tablets or other device
containing any explosive substance. Nothing in this Section shall be construed as applying to toy
paper caps containing no more than twenty five hundredths of a grain of explosive composition
per cap, sparklers and to the manufacture, storage, sale or use of signals necessary for the safe
operation of railroads or other classes of public or private transportation, nor applying to the
military forces of the United States or this State, or to peace officers, nor as prohibiting the sale
and use of blank cartridges for ceremonial or theatrical or athletic events.
1 • M MDFAIMMi• ?j MU
IMMUF -MIT
MI
♦ ♦ Y.
.
h
•
1. . ► ► •
1 - V\N9Y1►�1•Ta III M• -
•MR
1 • OLTA ill M irAl M 11`21011IF21 WMI I U WIM MOM• _rALVA IrM1• ►
► • • • I • \ - • • 1AA1 N M 0 MOF•
NOW
I
imp
•
•
III �Lvwxl
CITY OF KALISPELL
MONTANA
NOTICE OF INTENTION TO ADOPT BY REFERENCE THE "INTERNATIONAL FIRE
CODE" AND THE APPENDICES, 2018 EDITION (IFC), WITH THE DELETIONS AS
ENUMERATED BY THE PROPOSED ORDINANCE, AS THE FIRE CODES OF THE
CITY OF KALISPELL, AND APPLICABLE WITHIN THE CORPORATE
BOUNDARIES OF THE CITY.
NOTICE IS HEREBY GIVEN, pursuant to Section 7-5-108, M.C.A. and 7-5-4202,
M.C.A. that the City Council of the City of Kalispell, Montana, will on the 15th day of March,
2021, at the regular meeting of the City Council at 7:00 p.m. in the Council Chambers, City Hall,
Kalispell, Montana consider the First Reading of Ordinance No. 1856, an ordinance adopting the
"International Fire Code and the Appendices" (2018 Edition).
One copy of the above referenced codes to be adopted, shall be filed with the City Clerk
of the City of Kalispell for public inspection, use and examination during regular business hours.
Ai ee Brunckhorst, CMC
City Clerk
Publish: February 28, 2021
March 7, 2021