Loading...
3. Ordinance 1682 - Building Codes - 1st ReadingPLANNING FOR THE FUTURE REPORT TO: FW411113TV SUBJECT: MEETING DATE: MONTANA Kalispell Mayor and City Council Jeff Clawson, Building Official Jane Howington, City Manager Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispen.com✓planning Adoption of the 2009 International Building, Fire, Mechanical, Fuel Gas and Existing Building Codes and the 2009 Uniform Plumbing Code September 20, 2010 Council Meeting BACKGROUND: Every three years the International Building Codes Committee updates their codes. The State of Montana then follows suit and adopts them. Once the state adopts the new code revisions, they require the local jurisdictions to follow suit within 90 days. In March of 2009 the State of Montana adopted the 2009 International Energy Conservation Code which the city did adopt this past June. The State of Montana now has officially adopted the 2009 International Building, Fire, Mechanical, Fuel Gas and Existing Building Codes along with the 2009 Uniform Plumbing Code effective July 29, 2010. These codes will replace the previously adopted 2006 family of codes. Because of the State Building Codes Division action, these codes presently are in force for all commercial and multi -family residential construction within the state of Montana. The City of Kalispell, in order to maintain its certification with the State Building Codes Bureau is required to follow suit locally within 90 days and adopt the 2009 codes as well. Once adopted in Kalispell the city building department will utilize these codes for all commercial and residential construction within the city. Adoption of the code by the City of Kalispell will provide contractors a local source for education and answers to questions about the codes and their application. The Kalispell Building Department will continue with an educational approach to achieving code compliance within the construction industry with the adoption of all new codes. Please note that a majority of the changes in the new codes address high-rise construction methods. These are specific off -shoots of the 9-1-1 tragedy in 2001. Specific changes within the new codes that will affect Kalispell more directly include: • Requiring fire sprinklers for hotels with 8 or more guest rooms and 8-plex or larger apartment buildings. This is more stringent than the 2006 codes which required sprinklers for hotels with 10 or more guest rooms and 16-plex or larger apartment units. • Requiring carbon monoxide detectors in dwelling units. The code now addresses live/work units making it easier to have a home occupation without meeting all the commercial requirements. Changes bringing more clarity within the language and application of the Building Code. Mechanical, Fuel Gas and Plumbing code changes that bring them more in line with and reiterating the requirements of the energy code. In conclusion, the new codes should bring about more clarity within the ICC family of codes as each code cycle the committees are identifying language discrepancies and proposing changes for corrections. The building department will continue to be available to answer questions the development community may have. In preparation for adoption of this code, our department did send out approximately 84 letters to builders in the community advising them of the new code adoptions. The Flathead Building Association also notified their members through their weekly E- mail newsletter. RECOMMENDATION: Approve the attached ordinance adopting the 2009 edition of the International Building Code, International Fire Code, International Mechanical Code, International Fuel Gas Code, International Existing Building Code and the Uniform Plumbing Code as adopted and amended by the Building Codes Bureau of the State of Montana. FISCAL EFFECTS: Cost increases will be expected for those constructing new apartment buildings of 8 or more units or motels with 8 or more rooms of about $2.50 sq ft for the required sprinkler systems. Other codes may have minor cost increases depending on the size and type of project being constructed. It is the intent of the State Building Codes Division that these costs will be offset through the construction of safer buildings. ALTERNATIVES: Failure to adopt the ordinance would place the building department out of compliance with the State Building Codes Bureau and force the state to de -certify the Kalispell Building Department Respectfully submitted, e Lawson ane Howington Building Official City Manager Ci7: 1 1►`E"Urars-kiJIMCf �►7 PURSUANT TO THE AUTHORITY OF THE CITY OF KALISPELL UNDER THE PROVISIONS OF SECTION 7-5-108, M.C.A., AND 7-5-4202, M.C.A., BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTIONL There is hereby adopted by reference, Administrative Rules of the State of Montana; ARM 24.301.101 through 24.301.905, and specifically the amendments to the ARM at 24.301.131, 24.301.138, 24.301.139, 24.301.142, 24.301.146, 24.301.171, 24.301.172, and 24.301.173, as they may pertain to those portions of the building codes previously adopted by the City and as same ARM may be currently effective. SECTION II. There is hereby adopted by reference, the "International Building Code (IBC)", 2009 edition, as amended by the Administrative Rules of Montana, set forth specifically above, except for the penalty portions thereof and except for the fee schedule, which shall remain unchanged. 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 III. There is hereby adopted, by reference, the "International Fire Code (IFC)", 2009 Edition, as amended by the Administrative Rules of Montana, set forth specifically above, except for the penalty portions thereof and except for the fee schedule, which shall remain unchanged. 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 IV. There is hereby adopted, by reference, the "International Existing Building Code", 2009 Edition, as amended by the Administrative Rules of Montana, set forth specifically above, except for the penalty portions thereof and except for the fee schedule, which shall remain unchanged. 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 V. There is hereby adopted, by reference, the "International Mechanical Code", 2009 Edition, as amended by the Administrative Rules of Montana, set forth specifically above. 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 VI. There is hereby adopted, by reference, the "International Fuel Gas Code", 2009 Edition, as amended by the Administrative Rules of Montana, set forth specifically above. 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 VII. There is hereby adopted, by reference, the "Uniform Plumbing Code", 2009 Edition, as amended by the Administrative Rules of Montana, set forth specifically above. 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 VIII. These codes are applicable to all buildings within the building code enforcement area of the City of Kalispell, including but not limited to, residential buildings containing less than five dwelling units or their attached -to structures, any farm or ranch building, and any private garage or private storage structure use only for the owner's own use as provided by § 50-60-102 (1) (a), MCA. SECTION IX. 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 X. Section 112 of the International Building Code, providing for a Board of Appeals, shall be the provision applicable and shall be used for appeals under this Ordinance. SECTION XI. 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, MONTANA THIS 4TH DAY OF OCTOBER, 2010. Tammi Fisher Mayor ATTEST: Theresa White City Clerk BUILDING•!' (1) The Department of Labor and Industry, referred to as the department in this rule and all subsequent rules in ARM Title 24, chapter 301, adopts and incorporates by reference the International Building Code, 2006 2009 Edition, referred to as the International Building Code or IBC, unless another edition is specifically stated, together with Appendix Chapter C (Group U - Agricultural Buildings). (2) remains the same. (3) A copy of the International Building Code may be obtained from the Department of Labor and Industry, BUFea„ of Building and Measure,. eRt c+- FdS Suildina Codes Bureau, P.O. Box 200517, 301 South Park, Helena, MT 59620-0517, at cost plus postage and handling. A copy may also be obtained by contacting the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795 or isitino the International Code Council website at www.ICCsafe.org (History: 50-60-203, MCA; IMP, 50-60-203, MCA; NEW, 2002 MAR p. 2656, Eff. 9/27/02; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2007 MAR p. 112, Eff. 1 /26/07. ) (1) International Building Code (IBC) Section 108.2 1 0.2, Schedule of 861ildiRg Permit Fees, is modified for use by the department with the following additions: (a) Permit fees. The fee for each building permit is established in Table 198.210 .2 (b) Plan review fees. When submittal documents are required, a plan review fee must be paid in addition to the building permit fee. The plan review fee is 35 percent of the building permit fee as established in Table 4OR 2 109.2. If only plan review services are provided, the plan review fee for such services shall be 50 percent of the combined plan review and building permit fee. (c) Add a new paragraph to IBC Section 108.2 109.2 to read: "Requested Inspection Fee - $45, provided that such service is not in excess of one hour in duration, and then $25 for each 30 minutes or fractional part thereof in excess of one hour. Travel and per diem will be charged as per the state of Montana's existing rates for these items." (2) through (4) (b) Remain the same. (c) the cost per square foot method of valuation and the cost per square foot figures, medified by regieR, for the type and quality of construction and occupancv cirouD listed in the "Building Valuation Data" table of the MaFGhAppil 2002 Januar /February 2009 Edition Of "IRteFRatiEeR )RaI GE)RfGFGe of Buildip@ IV Of f 6 r-. 0 a. Standards" "Building Safety Journal" magazine, published by the International 'Code Council C;E)Rf8FeRGe of BuildiRg OffiGials. (d) For our poses of modifying the building, valuation values derived from the square foot method calculations of above the calculated buildina valuation shall al calculated building valuation. (4) Lle� When in unusual circumstances the valuation calculated by the use of the "Building Valuation Data" table, the design professional's estimated project cost, firm bids, or contract amounts are determined to be unreasonable for the nature of the project, the department reserves the right to base the building permit fee and plan review fee on the best valuation information it has available to it. (5) through (7) remain the same. (8) A copy of the "Building Valuation Data" table may be obtained free of charge from the Department of Labor and Industry, -5gilding. &odes Bureau of and MeaS61FGR;eRt 2tPPP1;4rris:z, P.O. Box 200517, 301 South Park, Helena, MT 59620-0517. TABLE 499.2- 0 .? BUILDING PERMIT FEES TOTAL VALUATION FEE $1 to $500 $23.50 $501 to $2000 $23.50 for first $500 plus $3.05 for each additional $100, or fraction thereof, to and including $2000 $2001 to $25,000 $69.25 for the first $2000 plus $14 for each additional $1000, or fraction thereof, to and including $25,000 $25,001 to $50,000 $391.75 for the first $25,000 plus $10.10 for each additional $1000, or fraction thereof, to and including $50,000 $50,001 to $100,000 $643.75 for the first $50,000 plus $7 for each additional $1000, or fraction thereof, to and including $100,000 $100,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1000, or fraction thereof to and including $500,000 $500,001 to $1,000,000 $3,233.75 for the first $500,000 plus $4.75 for each additional $1000, or fraction thereof, to and including $1,000,000 $1,000,001 and up $5,608.75 for the first $1,000,000 plus $3.15 for each additional $1000, or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours $45.00 per hour minimum charge - two hours 3-. L2f Inspections for which no fee is specifically indicated $45.00 per hour minimum charge - one-half hour 4- 3, Additional plan review required by changes, additions or revisions to plans $45.00 per hour minimum charge - one-half hour -5-.' For use of outside consultants for plan checking and inspections, or both Actual costs' 1 Actual costs include administrative and overhead costs. (History: 50-60-104, 50-60-203, MCA; IMP, 50-60-103, 50-60-104, 50-60-203, MCA; NEW, 2002 MAR p. 2656, Eff. 9/27/02; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2004 MAR p. 2103, Eff. 9/3/04; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2007 MAR p. 112, Eff. 1 /26/07. ) r (1) fees will be 50 peFGeRt ef the GembiRed PIaR revoel.A. 4 and build.Rg permit fee, with a mire MUm fee (.f Q'250 and a maximum fee. Pat to evnp-ed !$ 1 (1(1(1, In accordance with Subsection 09.4 of the International Suildino Code and Dursuant to the reouirerents of fees beino commensurate v€th costs the dersartrnent mav assess an inv uildina or structure Prior to ohta it ino the necessary duildin oormits. The in estioation fee will he charged on an hour Iv rate of 4 .09 er hour fore er hour. including ortions of an hour, spent on investioatin . the work commenced without tLe_propf-_,rbuikJinq, permits. This investigation fee shall he in addition to the re ular flan review and building permit fee assessed in 24301.138 V i la, and ( �. (History: 50-60-104, 50-60-203, MCA; IMP, 50-60-103, 50-60-104, 50-60-201, MCA; NEW, 2004 MAR p. 2103, Eff. 9/3/04.) (1) remains the same. (2) The department will use 50-60-109 and 50-60-110, MCA, in cases requiring prosecution in lieu of Section 44-3 114 of the International Building Code. When a person fails to submit required plans, obtain a permit, correct plans, or comply with an order of the department, the department, as authorized by 50-60-109, MCA, may bring civil action to enjoin the person from constructing or using the building. (3) and (4) remain the same. (5) Subsection 106.1 107.1 of the International Building Code is amended with the addition of the following: "The department requires submittal of two complete sets of construction documents for all projects. This section shall not be construed to require an architect or engineer license. The requirements for who must be licensed to practice architecture or engineering work is governed by Title 37, chapter 65, MCA and Title 37, chapter 67, MCA. The issuance of a building permit does not in any way address the need for licensure by the permit holder or designer." (6) Subsection 110.1 111,1 of the International Building Code is amended with the addition of the following: "On a case -by -case basis the building official or his agent may grant the owner permission to occupy and use a building or portions thereof prior to completion of the project when the building official or his agent finds the building or structure to be in substantial compliance with the intent of the International Building Code." (7) Subsection as 0.2 111.2 of the International Building Code is amended to read: (a) "4 4 0.2 ` . Certificate issued. If the building official or the building official's agent makes all the inspections of a building or structure required by Section 4-0-9 110, and finds it was constructed in accordance with the provisions of the state building code, the building official shall issue a certificate of occupancy, as referenced in 50-60-107, MCA, which shall contain the following: (i) the building permit number; (ii) the address of the building; (iii) the name and address of the owner; (iv) a description of that portion of the building for which the certificate is issued; (v) a statement that the described portion of the building has been inspected and complies with the state building code for the group and division of occupancy and the use for which the proposed occupancy is classified; (vi) the name of the building official; (vii) the section of the code under which the permit was issued; (viii) the use and occupancy, in accordance with the provisions of Chapter 3; (ix) the type of construction as defined in Chapter 6; (x) the design occupant load; (xi) if an automatic sprinkler system is provided, whether the sprinkler system is required; and (xii) any special stipulations and conditions of the building permit." (b), (i), and (ii) All remain the same. (c) "Formal Written Approval: In situations where the department was unable to perform the required inspections referenced in Section 4-99 110 of the International Building Code, but no significant deficiencies from the state building code have been noted, the bureau may issue a letter of formal written approval in lieu of a certificate of occupancy." (8) The department will use the applicable provisions of the Montana Administrative Procedure Act in all cases of appeal in lieu of Section 442 1,13 of the International Building Code. (9) Subsection 1905.2.1 300.E of the International Building Code requires that footings and foundations shall extend below the frost line. In all areas of the state outside of certified local government jurisdictions, the minimum depth from finished grade to the bottom of footings shall be 3.0 ft. for single story wood or metal frame buildings, and 4.0 ft. for multistory or masonry buildings. Buildings located on highly expansive or unstable soils may need engineered footings and foundation walls that extend below the minimum depths indicated above. At the discretion of the building official, the above minimum depths may not be required for properly designed so-called monolithic slabs for single story storage and similar use buildings. The building official may require monolithic slabs to be designed and stamped or certified by a Montana registered engineer who practices structural design. The design and stamp of a Montana licensed architect may be accepted in lieu of an engineer's stamp when the monolithic slab design is an incidental part of an architectural building design, as allowed by 37-67-103, MCA. (10) remains the same. (History: 50-60-203, MCA; IMP, 50-60-107, 50-60-108, 50-60-109, 50-60-203, 50-60-212, MCA; NEW, 2002 MAR p. 2656, Eff. 9/27/02; AMD, 2002 MAR p. 3627, Eff. 12/27/02; AMD, 2007 MAR p. 112, Eff. 1/26/07.) (1) and (2) remain the same. (4) Subsection I Q1 4 4 101. .3 Plumbing, is modified by: (a) Deleting "International Plumbing Code" and replacing with "Uniform Plumbing Code." (b) Deleting the last sentence: "The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems." { Subsection 1-4-5 .Property Maintenance, is deleted in its entirety. {64 Subsection 101.4.6 101.4.5. Fire Prevention, is modified by deleting "International Fire Code" and replacing with "fire code adopted by the Fire Prevention and Investigation Bureau of the Department of Justice." (7) remains the same but is renumbered as 6. (8� (7) Subsection 106.3 -1 07.3, € is amended by the addition of the following sentence: "When the building official issues the permit where plans are required, the building official shall approve the construction documents, with corrections as required, or with adequate written resolution of deficiencies noted in plan review comments." (9), (a) (b), (c), and (d) remain the same but is renumbered as 8. (10) remains the same but is renumbered as 9. {444 ( Subsection 903.3.5, Inadequate Water Supply, is amended by addition of the following: "This subsection shall apply to buildings which are required by the International Building Code to be provided with an automatic fire extinguishing system and do not have access to an existing multiple user water supply system, such as a municipal water supply system or a private community water supply system, capable of providing the water supply requirements of National Fire Protection Association Standard for the Installation of Sprinkler Systems, 2002 2007 Edition (NFPA 13). Under such circumstances, water storage requirements may be modified by the building official. The modified design shall include sufficient storage onsite to operate 50 „eFGeRt of the hydraulically remote area for the response time of the local fire department. T#I$ Response time is the time from alarm to the time the fire department can apply water to the fire. Response time shall be established by the use of the formula T 9.65 + 7-D 6.6 minutes (mobilization time ±1.7 minutes/mile D (travel tire), where T is response time, in minutes, and D is distance, in miles, from the fire station to the building. The modified water supply shall be sufficient to operate the system for the response time calculated above but not be less than 20 minutes. Water supply requirements shall be established by using the area/density method as defined in NFPA 13. A 59 PeFGeat reduction in water storage of uo to 56 ercent but not less than that re aired fora 20 minute suo l is allowed. DeRSity Shall Ret be me dified. All automatic fire sprinkler system designs and components shall be in stepagefnr 50 PeFGeRt Gf the cnriRI Glicnharrvo rani 1-ReRtS iR compliance with NFPA 13. When a modified water storage is allowed, the automatic fire sprinkler system must be equipped with a flow alarm, digital alarm communicator transmitter, and a fire department connection. The automatic fire sprinkler system shall be monitored by an approved central station in accordance with NFPA 72, National Fire Alarm Code, 2092 2007 edition." (12) remains the same but is renumbered as (11). (a) Fire -extinguishing system. (i) Installation of Sprinkler Systems: NFPA 13 Standard for the Installation of Sprinkler Systems, 2-002 2007 Edition. (ii) Installation of Sprinkler Systems in Group R Occupancies Four Stories or Less: NFPA 13R Standard for the Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height, 2002 2007 Edition. (b) Standpipe Systems: NFPA 14 Standard for the Installation of Standpipe and Hose Systems, 2003 2007 Edition. (c) Remains the same. 0-34 Delete Subsection 5903�7 903.2.8 and replace with the following: "1. 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: "a. 20 16 or more transient guests or 4-9 3 or more transient guestrooms; "b. 2-0 10 or more occupants in other than dwelling units; "c. 4-6 8 or more dwelling units; or "d. more than 2 stories. 112", "3", and "4" remain the same. 044 _031 Subsection 907.2.8.1, Manual Fire Alarm System, is amended with the addition of the following: "Exception 3: A manual fire alarm system is not required in buildings with five or fewer guestrooms or 10 or fewer guests where the building does not exceed two stories in height and is equipped with multiple - station smoke alarms installed in accordance with Subsection 907 I Q 1 907.2.11 (15) Subsection 1017.1 1013.1 is amended by addition of the following: "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 this 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 this 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, ceilings, 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." (15) For "R" Occupancies that are exempt from the requirements of a fire sprinkler system pursuant to ARM 24.301.146 (12) Table 1018.1 referenced in Subsection 1018.1 shall be amended by the deletion of the language, "Not Permitted" under the heading, "Required Fire -Resistive Rating (hours) — Without Sprinkler system" for "R" occupancies with an occupant load served by corridor of greater then 10. Under that same location where "Not Permitted" is to be deleted the language, "1" shall be inserted instead which will require those corridors to have 1 hr fire -resistive ratings. (16) through 18 remain the same. (19) Subsection 2992.4 2902.3, Required Public Toilet Facilities, is deleted in its entirety. (20) through 37 remain the same. (History: 50-60-203, MCA; IMP, 50-60-101, 50-60-102, 50-60-104, 50-60-201, 50-60-203, 50-60-205, MCA; NEW, 2002 MAR p. 2656, Eff. 9/27/02; AMD, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2007 MAR p. 112, Eff. 1/26/07.) 24.301.171 INCORPORATION BY REFERENCE OF INTERNATIONAL EXISTING BUILDING CODE (1) The Department of Labor and Industry adopts and incorporates by reference the International Existing Building Code (IEBC), 2Q86-2009 Edition, which may be used as an alternate prescriptive method(s) for the remodel, repair, alteration, change of occupancy, addition, and relocation of existing building. 1 (a), (2), and (3) remain the same. (4) A copy of the International Existing Building Code may be obtained from the Department of Labor and Industry, BuFea < of Budding and MeaS UFeMeRt a#andards Buildine, Codes Bureau, P.O. Box 200517, 301 South Park, Helena, MT 59620-0517, at cost plus postage and handling. A copy may also be obtained by contacting the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795 or on their website at wiA sw.ICCCafe.or History: 50-60-203, MCA; IMP, 50-60-103, 50-60-109, 50-60-201, MCA; NEW, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2007 MAR p. 112, Eff. 1/26/07. 24.301.172 INCORPORATION BY REFERENCE OF INTERNATIONAL MECHANICAL CODE (1) The Department of Labor and Industry adopts and incorporates by reference the International Mechanical Code, 2006 2009 Edition, published by the International Code Council, unless another edition is specifically stated, together with the following amendments: (a) and (b) remain the same. (c) The fees established in Subsection 106.5.2 are as follows: "(1)" remains the same. "(2) The mechanical permit fees are calculated as follows: Cost of Mechanical System Mechanical Permit Fee $0 - $10,000 $40 43 for first $1000 plus $4-2 14, for each additional $1000 or fraction thereof, to and including $10,000 $10,001 - $50,000 $449 166 for first $10,000 plus $7- 9 for each additional $1000 or fraction thereof, to and including $50,000 $50,001 $42-9 514 for first $50,000 plus $4 6 for each additional $1000 or fraction thereof. (d) remains the same. (e) Section 109 of the International Mechanical Code will be left as is for use by certified cities, counties, or towns, which by 50-60-303, MCA, must provide an appeal procedure. Cities, counties, and towns may use a board of appeals created in accordance with Section 442 13 of the International Building Code to serve as their boards of appeal. The department and state of Montana, however, will use the applicable provisions of the Montana Administrative Procedure Act in all cases of appeal, in lieu of Section 109. - -- VT _- I M-IT 2- &-IlMr-UMMM 2. .. .. 0 2 ...... - 0.1 ..... - - ----- P. NOW _. 19=72 (g) remains the same but is re -lettered (f). (2) The BuFeaw of BuildiRg and MeasuFeFnent Stand Building Codes Bureau shall not enforce the International Mechanical Code in buildings exempted from state building codes by 50-60-102, MCA. Cities, counties, and towns that have made the state building regulations applicable to buildings exempt from state enforcement, except for mines and buildings on mine property regulated under Title 82, chapter 4, MCA, may enforce within their jurisdictional areas the International Mechanical Code as adopted by those units of government. (3) through (5) remain the same. (6) The International Mechanical Code adopted by reference in (1) is a nationally recognized model code setting forth minimum standards and requirements for certain mechanical installations. A copy of the International Mechanical Code may be obtained from the Department of Labor and Industry, BureauRd MGaSUFeFneRt Sta,R uildino Codes Bureau, P.O. Box 200517, Helena, MT 59620-0517, at cost plus postage and handling. A copy may also be obtained by writing to the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795 or on tIHeir website at w .ICCSafe.or . History: 50-60-203, MCA; IMP, 50-60-102, 50-60-103, 50-60-109, 50-60-201, 50-60-303, MCA; NEW, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2006 MAR p. 567, Eff. 2/24/06; AMD, 2007 MAR p. 112, Eff. 1/26/07. 24.301.173 INCORPORATION BY REFERENCE OF INTERNATIONAL FUEL GAS CODE (1) The Department of Labor and Industry adopts and incorporates by reference the International Fuel Gas Code, 2006 2009 edition, published by the International Code Council, referred to as the International Fuel Gas Code, unless another edition is specifically stated, together with the following amendments: (a) through (c) remain the same. (d) Section 109 of the International Fuel Gas Code will be left as is for use by certified cities, counties, or towns, who by 50-60-303, MCA, must provide an appeal procedure. Cities, counties, and towns may use the board of appeals created in accordance with Section 442 1 13 of the International Building Code to serve as the board of appeals. The department and state of Montana, however, will use the applicable provisions of the Montana Administrative Procedure Act in all cases of appeal, in lieu of Section 109. (2) The Building Codes Bureau shall not enforce the International Fuel Gas Code on those buildings exempted from state building codes by 50-60-102, MCA. Cities, counties, and towns that have made the state building regulations applicable to buildings exempt from state enforcement, except for mines and buildings on mine property regulated under Title 82, chapter 4, MCA, may enforce within their jurisdictional areas the International Fuel Gas Code as adopted by those units of government. (3) through (5) remain the same. (6) The International Fuel Gas Code adopted by reference in (1) is a nationally recognized model code setting forth minimum standards and requirements for certain mechanical installations. A copy of the International Fuel Gas Code may be obtained from the Department of LaborandIndustry, eau Rft of i1ildiRg and easuperrneRt S chars Building Codes Bureau, P.O. Box 200517, Helena, MT 59620-0517, at cost plus postage and handling. A copy may also be obtained by writing to the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795 or on their, website at www, ICCSafe.org History: 50-60-203, MCA; IMP, 50-60-102, 50-60-103, 50-60-109, 50-60-201, 50-60-303, MCA; NEW, 2004 MAR p. 571, Eff. 3/12/04; AMD, 2007 MAR p. 112, Eff. 1 /26/07.