Chapter 15.04
UNIFORM CODES ADOPTED
Sections:
15.04.010 Adoption of model building and technical codes by administrative action.
15.04.040 Building plan review.
15.04.050 Inspections.
15.04.060 Inspector qualifications and duties.
15.04.070 Factory-built buildings.
15.04.090 Permit fees.
15.04.100 Jurisdictional area of building department.
15.04.110 Board of appeals.
15.04.120 Violations--Penalties.
15.04.130 Fire code.
15.04.140 International Fire Code--Modifications to code.
15.04.150 International Fire Code--Appeals.
15.04.160 International Fire Code--Investigation of complaints of violations--Notice to comply--Failure to comply with notice.
15.04.170 International Fire Code--Penalties.
15.04.010 Adoption of model building and technical codes by administrative action.
A. The current editions of the building, mechanical and related codes and all accompanying appendices, amendments and modifications adopted by the Bureau of Building and Measurement Standards, Montana Department of Labor and Industry (or its successor), as set out in the Administrative Rules of Montana, as amended from time to time by the Department of Labor and Industry, shall be adopted by reference through administrative action of the operations manager, as authorized by Section 50-60-301(1)(b), MCA, excluding any exceptions noted in Title 50, Chapter 60 or any regulations not applicable to local government jurisdictions. These codes are applicable to all buildings within the building code enforcement area of the town, 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 used only for the owner’s own use, as provided by Section 50-60-102(1)(a), MCA.
B. Any adopted building code shall regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area
and maintenance of all buildings and/or structures within the town, and shall provide for issuance of permits, collection of fees and penalties.
C. Any adopted mechanical code shall regulate and control the design, construction, installation, quality of materials, erection, alteration, repair, location, relocation, replacement, addition to, and maintenance or use of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances within the town, and shall provide for issuance of permits, collection of fees and penalties.
D. Any adopted plumbing code shall regulate and control the design, construction, installation, quality of materials, erection, alteration, repair, location, relocation, replacement, addition to, operation, and maintenance or use of any plumbing system within the town, and shall provide for issuance of permits, collection of fees and penalties.
E. Any adopted electrical code shall regulate and control the design, construction, installation, quality of materials, erection, alteration, repair, location, relocation, replacement, addition to, operation, and maintenance or use of any electrical system within the town, and shall provide for the issuance of permits, collection of fees and penalties.
F. One copy of each building or technical code adopted by the town shall be on file in the office of the town clerk.
G. Any codes or amendments adopted by the Department of Labor and Industry which apply to local government jurisdictions, including the adoption of the latest editions of the model technical codes or applicable Administrative Rules of Montana, and which are adopted by administrative order of the operations manager, shall become effective on the date set forth in the administrative order, but in no event more than ninety days after the date that the Department of Labor and Industry notifies the town of said amendments. (Ord. 225 §1, 2007: Ord. 210 §1, 2003: Ord. 187 §1, 1996: Ord. 123 §1, 1987; Ord. 101, 1984)
15.04.040 Building plan review.
A. The building official shall be responsible for plan review coordination and for issuance of building permits.
B. Upon application by any person for a building permit, the building official shall review the plans for compliance with the applicable building or technical codes. The building official shall submit the plans to any other affected town department for review and approval by the department before issuance of a permit.
C. Building plan review shall be completed by the building official within thirty working days of submittal by the applicant.
D. The building official may, in proper cases, request the aid of the Building Codes Bureau (or its successor), other state agencies, or professional consultants to aid in coordination of review. In such cases, the building official may lengthen the completion time for review as deemed necessary. (Ord. 210 §4, 2003: Ord. 123 §2, 1987)
15.04.050 Inspections.
Inspections shall be conducted by the building official or other appropriately qualified and authorized personnel. Where other departments require inspection, the building official shall insure that they are conducted within the time allowed in Section 15.04.040 of this chapter. The town council may assign the duty of inspections under the Uniform Fire Code to the building official or to a designated fire inspector. Final inspections and issuance of certificates of occupancy shall be conducted in accordance with the applicable building codes. (Ord. 210 §5, 2003: Ord. 187 §4, 1996: Ord. 123 §3, 1987)
15.04.060 Inspector qualifications and duties.
A. The building official is the building inspector. He or she shall be a person with at least three years of experience in the building trades. The building inspector’s duties shall include those set forth in Title 50, Chapter 60, MCA, as now or hereafter amended.
B. The building department staff shall consist of the building official and such deputies or representatives as he or she may from time to time appoint, with the approval of the town council. (Ord. 210 §6, 2003: Ord. 187 §5, 1996: Ord. 123 §4, 1987)
15.04.070 Factory-built buildings.
Factory-built buildings which are approved by the Montana Building Codes Bureau (or its successor) shall be subject to local government inspection and fees for only zoning, utility connections and foundations. Applications to the building official for erection and utility connection shall be in accordance with Sections 15.04.040 and 15.04.050 and the applicable building codes. The fees for permits for factory-built buildings shall be in accordance with applicable building codes. (Ord. 210 §7, 2003: Ord. 123 §5, 1987)
15.04.090 Permit fees.
Building permit fees shall be adopted by resolution of the town council. (Ord. 210 §8, 2003: Ord. 187 §7, 1996: Ord. 137 §9(b), 1989: Ord. 123 §7, 1987)
15.04.100 Jurisdictional area of building department.
The jurisdictional area of the building department of the town shall be the corporate limits of the town. (Ord. 123 §8, 1987)
15.04.110 Board of appeals.
In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this code, there shall be and is created a board of appeals, consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction. The building official shall be an ex officio member and shall act as secretary of the board. The board of appeals shall be appointed by the town council and shall hold office at its pleasure. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant and may recommend to the town council such new legislation as is consistent with this chapter. (Ord. 123 §9, 1987)
15.04.120 Violations--Penalties.
It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the town, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter or this code. Violation of this chapter is a municipal infraction subject to the provisions of Sections 7-1-4150 through 7-1-4152, MCA. (Ord. 207 §37, 2000: Ord. 123 §10, 1987)
15.04.130 Fire code.
The town of West Yellowstone adopts the following fire code as if set forth verbatim: International Fire Code and the appendices, 2006 Edition (IFC), with additions, amendments, and deletions enumerated in this section.
A. Additions, Amendments, and Deletions.
1. Section 102.6, Referenced codes and standards. The reference 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 Code.
2. Section 103 is amended as follows:
a. The Department of Fire Prevention shall be the Building Department.
b. The Fire Code Official shall be the Building Official.
3. Section 105, Permits, is not adopted.
4. Subsection 109.3, Violation penalties, is not adopted.
5. Subsection 111.4, Failure to comply, is not adopted.
6. Subsection 806.1.1, Restricted occupancies, is amended to read:
Natural cut trees shall be prohibited in Group I-1, I-2, I-3, I‑4, and R-4 occupancies.
7. 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 Group R buildings meeting any of the following criteria:
1. Twenty (20) or more transient guests or ten (10) or more transient guestrooms;
2. Twenty (20) or more occupants in other than dwelling units;
3. Sixteen (16) or more dwelling units; or
4. More than two (2) stories.
b. In lieu of the above required automatic sprinkler system in buildings not more than three (3) stories above the lowest level of exit discharge, each transient guestroom may be provided with at least one door leading directly to an 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 thirty (30) days or less.
8. Subsection 907.2.8.1, Manual fire alarm systems, is amended with the addition of the following exception:
a. Exception 3: A manual fire alarm system is not required in buildings with five or fewer guestrooms or ten (10) or fewer guests where the building does not exceed two (2) stories in height and is equipped with multi-station smoke alarms installed in accordance with subsection 907.2.10.1.
9. Subsection 907.3, Existing Buildings, is not adopted.
10. Subsection 1017.1, Construction, is amended by addition of the following:
a. Upgrading of corridors in existing E occupancies serving an occupant load of thirty (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 one-half (1/2) inch gypsum wallboard or openings with fixed wire glass set in steel frames are permitted for corridor walls and ceilings and occupancy separations when approved. Door openings into such corridors shall be protected by twenty (20) minute fire assemblies or solid wood doors not less than 1 3/4 inches (45mm) 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 2/4 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.
11. Section 3807, Safety Precautions and Devices, is amended by addition of the following:
a. 3807.5, Labeling of Propane Tanks.
1. All propane tanks within the town limits shall be permanently labeled with the owner’s names and emergency contact telephone number.
2. All propane tanks on town property shall be in compliance with Town of West Yellowstone Policy 10.
3. Propane tanks shall be labeled on the valve of the tank with the name and emergency contact number of the supplier who last filled the tank.
4. Underground propane lines on town property shall be mapped and the locations of such lines shall be provided to the West Yellowstone Public Services Department. Underground utility notification (call before you dig) shall remain the responsibility of the tank owner.
12. The following appendices 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 the 2006 International Fire Code shall be kept in the office of the town clerk for inspection by the public.
C. Applicability. The 2006 International Fire Code shall apply to all buildings within the town limits of the town of West Yellowstone, 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 the Montana Code Annotated, the provisions of the Montana Code Annotated control. (Ord. 243 §1, 2009: Ord. 228 §1, 2007)
15.04.140 International Fire Code--Modifications to code.
The building official shall have the power to modify any provision of the fire prevention code adopted by Section 15.04.130, 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 building official thereon shall be entered upon the records of the public services department and a signed copy shall be furnished to the applicant. (Ord. 243 §2, 2009)
15.04.150 International Fire Code--Appeals.
Whenever the building 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 building official to the board of appeals established in Section 15.04.110 within thirty days from the date of the decision being appealed. (Ord. 243 §3, 2009)
15.04.160 International Fire Code--Investigation of complaints of violations--Notice to comply--Failure to comply with notice.
A. Investigation--Notice to Comply. It shall be the duty of the building official to investigate complaints of violation 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 days of such notice.
B. Penalty. Willful refusal, neglect or failure to comply with the terms, conditions and requirements of such code after receipt of written notice as hereinabove provided and expiration of sixty days shall be an offense as provided for in Sections 1.12.010 and 1.12.020 of the West Yellowstone Municipal Code. Each day of such noncompliance shall be a separate offense. (Ord. 243 §4, 2009)
15.04.170 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 town punishable as a municipal infraction as provided in Sections 1.12.010 and 1.12.020 of the West Yellowstone Municipal Code. (Ord. 243 §5, 2009)