4. Ordinance 1617 - International Fire Code - 1st ReadingKALISPELL FIRE DEPARTMENT
Randy Brodehl — Fire Chief PO Box 1997
Daniel Diehl —Assistant Chief/Operations = 312 First Avenue East
DC Haas Assistant ChieMevention -? - M Kalispell, Montana 59901
Phone: (406) 758-7760
k
FAX: (446) 758-7952
TO Mayor Pamela B. Kennedy
And Kalispell City Council
FROM DC Haas, Assistant Chief, Prevention
James H. Patrick, City Manager
SUBJECT 2006 International Fire Code Adoption
MEETING DATE July 16, 2007
BACKGROUND: The currently adopted fire code for the City of Kalispell is the 2003
International Fire Code.
The International Code Council (ICC) has published a single set of comprehensive and
coordinated model codes for adoption by local jurisdictions. The State of Montana and the
City of Kalispell have adopted the 2006 International Building Code and International
Mechanical Code, both published by ICC.
The Kalispell Fire Department recommends adoption of the 2006 International Fire
Code. This is in conjunction with the 2006 International Building Code and International
Mechanical Code adoption by the City Council this spring.
RECOMMENDATIONS: Adopt the International Fire Code (IFC), 2006 Edition, as
amended.
FISCAL EFFECTS: None.
ALTERNATIVES: As recommended by Council.
Res a Ily submitted,
DC Haas
t�
James H. Patrick
Assistant Chief, Prevention City Manager
ORDINANCE NO. 1617
AN ORDINANCE TO AMEND ORDINANCE 1522 ADOPTING, BY REFERENCE, THE
"INTERNATIONAL FIRE CODE" AND THE APPENDICES, 2006 EDITION (IFC), WITH
THE ADDITIONS, AMENDMENTS, AND DELETIONS ENUMERATED AS 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,
PURSUANT TO THE AUTHORITY OF THE CITY OF KALISPELL UNDER THE PROVISIONS
OF SECTION 7-5-105, 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:
SECTION I. There is hereby adopted, by reference, the "International Fire Code" and the
appendices, 2006 edition (IFC), as set forth on Exhibit "A", attached hereto and made
a part hereof.
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 II. Said Code shall apply to all buildings within the corporate limits of the City of
Kalispell, excluding 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 used only for the owner's own use as provided by § 50-60-
102 (1)(a), MCA.
SECTION III. 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 IV. This Ordinance is effective thirty days following final approval by the Council 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 GTH DAY OF AUGUST, 2007.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT "A"'
CHAPTER 10
FIRE PREVENTION
SECTION
10- 1:
International Fire Code; Adopted
10-
2:
International Fire Code; Modifications To Code
10-
3:
International Fire Code; Appeals
10-
3-1:
International Fire Code; Investigation Of Complaints Of Violations;
Notice To Comply With Code; Failure To Comply With Notice
10-
4:
International Fire Code; Penalties
10-
5:
willfully, Carelessly, Spilling Gasoline
10-
6 :
Fire Prevention Bureau
10-
7:
Burning Garbage, Rubbish Or Combustible Materials
10-
8:
Removal Of Fire Hazards From Private Property Required
10-
9:
Procedure Upon Failure Of Property Owner
10-10:
Fireworks; Sale Prohibited
10-11:
Fireworks; Defined
10-12
:
Fireworks; Permit Required For Display
10-1.. INTERNATIONAL FIRE CODE; ADOPTED:
A. Adopted: There is hereby adopted, by reference, the International Fire Code and
Appendices, 2006 edition (IFC), with the additions, amendments, and deletions
enumerated in this section.
1. Section 102.6 Referenced codes and standards. The referenced standards listed in
Chapter 45 are modified in accordance with Montana Administrative Rules as
follows:
a. Delete ICC Electrical Code and replace with National Electrical Code.
b. Delete ICC International Plumbing Code and replace with Uniform
Plumbing Code.
c. Delete ICC International Property Maintenance Cade.
2. Section 105 Permits, is not adopted.
3. Subsection 109.3 Violation penalties, is not adopted.
4. Subsection 111.4 Failure to comply, is not adopted.
5. Subsection 806.1.1 Restricted occupancies, is amended to read: Natural cut trees
shall be prohibited in Group 1- 1, I-2, I-3, I-4, and R-4 occupancies.
6. Subsection 903.2.7 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 Croup R buildings meeting any of
the following criteria.-
1. 20 or more transient guests or 10 or more transient guestrooms;
2. 20 or more occupants in other than dwelling units;
3. 16 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 an
occupant who is primarily transient in nature, staying at one location for
30 days or less.
7. Subsection 907.2.8.1, Manual fire alarm system, is amended with the addition of
the following exception:
a. Exception 3: A manual fire alarm system is not required in building with
five or fewer guestrooms or 10 or fewer guests where the building does
not exceed 2 stones in height and is equipped with multiple -station
smoke alarms installed in accordance with subsection 907.2.10.1.
8. Subsection 907.3 Existing Buildings, is not adopted.
9. 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 V2-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 Iz 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.
10. 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.
B. Filing; Inspection: At least one copy of said document shall be kept on file in the
office of the city clerk for inspection by the public.
C. Applicability: Said code shall apply to all buildings within the corporate limits of the
City of Kalispell, excluding residential buildings containing less than five dwelling
units or their attached -to structures, any farm or ranch building of any size, and any
private garage or private storage structure of any size used only for the owner's own
use, as provided by Montana Code Annotated section 50-60-102(1) (a).
D. If there is any conflict between the 2006 International Fire Code and Montana Code
Annotated, the provisions of the Montana Code Annotated control. (Ord. ###, Date)
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. (Ord. ###, Date)
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. (Ord. ###,
Date)
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. (Ord. ###,
Date)
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. (Ord. ##-#, Date)
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. (Ord. 661 § 1)
10-6: FIRE PREVENTION BUREAU:
A. Created: A bureau of fire prevention in the fire department 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 shall designate an officer or member
of the fire department as chief of the bureau 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 such other members of the fire
department as inspectors as shall from time to time be necessary. The Chief of the fire
department shall recommend to the City Council the employment of technical inspectors,
who, when such authorization is made, shall be selected through an examination to determine
their fitness for the position. The examination shall be open to members and nonmembers of
the fire department, and appointments made after examination shall be for an indefinite term
with removal only for cause. (R.O. 1947 § 402)
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. (Ord. 716 § § 1, 2)
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. (Ord. 1330, 8-2-1999)
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. (Ord., 8-2-1999)
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. (Ord. 748 § 1)
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. (Ord. 748 § 2)
1 0-1 2 : FIREWORKS; PERMIT REQUIRED FOR DISPLAY: The Fire Marshal
may, upon due application, issue a permit to a properly qualified person for giving a
fireworks display in the City. Such permit shall impose such restrictions as in the
opinion of the Fire Marshal may be necessary to properly safeguard life and property
in each case. (Ord. 748 § 2)