Ordinance 1021 - Protective Openings Between Buildings��`?`41
n.z.D1NANCE NO _ 1021
AN ORDINANCE TO AMEND SECTION 5-4.2, KALISPELL CITY CODE, (ORDINANCE
NO. 939), TO PROVIDE FOR„PROTECTED OPENINGS BETWEEN BUILDINGS IN THE
DOWNTOWN REDEVELOPMENT AREA; AND TO PROVIDE FOR AN IMMEDIATE EF-
FECTIVE DATE UPON PASSAGE AND APPROVAL; AND TO DECLARE AN EMERGENCY.
- WHEREAS, on the 7th day of January, 1980, the City Council of
the City of Kalispell, Montana, did adopt Ordinance No. 939, entitled,
"AN ORDINANCE, TO ADOPT, BY REFERENCE, THE "UNIFORM BUILDING CODE.,
1979 EDITION" AND THE "UNIFORM MECHANICAL CODE, 1979 EDITION" AS THE
BUILDING CODES OF THE CITY OF KALISPELL AND APPLICABLE TO THE JURIS-
DICTIONAL AREA THEREOF; TO PROVIDE A PENALTY FOR THE VIOLATION OF
ANY LAWFUL ORDER ISSUED PURSUANT THERETO; AND REPEALING SECTION 5-1,
KALISPELL CITY CODE"; and
WHEREAS, said Uniform Building Code, Section 504(b) prohibits
openingsin exterior walls of adjacent wholesale and retail stores,
office buildings, drinking and dining facilities, and
WHEREAS, the City of Kalispell through its Community Development
Department has embarked on a program of repairing, remodeling, and
maintaining various structures in the area designated as the Down-
town Redevelopment Area of the City of Kalispell, and
WHEREAS, as part of the long range plans for the Downtown Re-
development Area which has been deemed advisable and necessary that
openings be -allowed in exterior adjacent walls of consenting adja-
cent owners; provided that said openings are protected by properly
certified, installed and maintained fire resistant doors, and
WHEREAS, delaying the implementation of this Ordinance would
work an undue harship on persons who wish to make arrangements for
the creation .of these openings and unduly delay the implementation
of the City of Kalispell's policy of assisting in the revitalization
of the Downtown Redevelopment Area.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL, AS FOLLOWS:
SECTION I. Section 5--4.2 of the Kalispell City Code is hereby
amended to read as follows:
a. There is hereby adopted, by reference, the
"Uniform Building Code,.1979 Edition", Library
of Congress Catalog Card Number 79-83650, by
the International Conference of Building Officials;
such code is adopted in its entirety and chapters
23, 48, 49, 51, 53 and 55 of the Appendix thereof,
except for the penalty portions thereof.
At least three copies of such document shall be
kept on file in the office of the City Clerk for
inspection by the public.
b. There is hereby adopted, by reference, the "Uniform
Mechanical Code, 1979 Edition", Library of Congress
Catalog Card Number 79-83651, by the International
Conference of Building Officials; such code is adopted
in its entirety except For the penalty portions
thereof_
At least three copies of such document shall be
kept on file in the - office of the City Clerk for
inspection by the public.
C. Such codes shall be the building and mechanical codes
of the city regulating the erection, construction,.
enlargement, alteration, repair,. moving, removal,
demolition, conversion, occupancy, equipment, use,
height, area and maintenance of all buildings or
structures in the jurisdictional area of the city.
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d. Protection of openings between buildings.
1. Required building separation shall be in
accordance with Uniform Building Code,
Section 504. Openings for the purpose
of interconnectin bMding_of separate
ownership in the Downtown Redevelopment
Area may occur, however, provided that
they shall be protected as required in the
Uniform Building Code, Section 505(d)
for area separation walls. The protection
may be provided by any labeled fire door
assembly of proper rating.
2. The door shall be self-closi. ,. activated
by smoke and heat.
3. No opening shall be made in existing walls
before the fire doors are on site and in-
stallation of door shall be performed im-
mediately after the opening is made.
4. Integrity of exiting.
Each building shall have exits as required
by the Uniforin Building Code and openings
between buildings shall not serve as a
required exit.
e. It is unlawful for any person to knowingly, wilfully
or negligently violate any lawful order issued pur-
suant to such codes; such a violation is an offense
against the city punishable as provided by section
1-9 of this Code (Ord. No. 939, SS 1 to 4.)
SECTION II.. The balance of Section 5-4.2, Kalispell City
Code, not.amended hereby shall remain in full .force and affect.
SECTIOL� III. An emergency is hereby declared to exist and a
second reading of this ordinance is waived. The facts of the
emergency are: That the City policy of revitalizing the Down-
town Redevelopment Area requires that protected openings be
allowed between adjacent buildings in the Downtown Redevelopment
Area and that to delay the implementation and installation of
protected openings would unreasonably hamper individuals who
wish to construct protected openings and unduly hinder the City's
Policy of aiding in Downtown revitalization.
SECTION IV. This Ordinance shall be effective on the date it
is passed by proper vote of the City Council and approval by
the Mayor; this Ordinance shall remain effective for a period
of no more than ninety (90) days following its passage and
approval. A permanent ordinance for providing for protected
openings between adjacent buildings may be enacted while this
emergency ordinance is in effect.
PASSED and APPROVED AN AFFIRMATIVE VOTE OF
Ttq0-THIRDS OF THE CITY COUNCIL AND APPROVED BY THE MAYOR THIS
l st DAY OF November , 1982.
S�
LeRay McDowell,- Mayor.___.
ATTEST:
Marjo i/e Giermann, City Clerk -Treasurer
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I, Far-orie Qe annn,, Cityylerk of the �of Kalispell, do certify that on the day
of , 19 , T posted a copy of the foregoing ordinance in any office
and the same remained posted until the second reading on the day of l9
and that the foregoing is a true and correct copy of the ordinance as passed by the City �
Council.
City Clerk of the City.of Kalispell, Montana .