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.
15.04.060 Inspector qualifications and duties.
15.04.070 Factory-built buildings.
15.04.100 Jurisdictional area of building department.
15.04.120 Violations--Penalties.
15.04.140 International Fire Code--Modifications to code.
15.04.150 International Fire Code--Appeals.
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: 2021 International Fire Code, along with Appendix B--Fire Flows, Appendix C--Hydrants, Appendix D--Access Roads, Sections D101 through D105.3, and Appendix I--Fire Protection Systems Non-Compliant Conditions. Hebgen Basin Fire District is the authority having jurisdiction (the "AHJ"). (Ord. 275, 2023; Ord. 261 Exh. A (part), 2016: Ord. 252 §1, 2010: Ord. 243 §1, 2009: Ord. 228 §1, 2007)
15.04.140 International Fire Code--Modifications to code.
The authority having jurisdiction 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 AHJ thereon shall be entered upon the records of the public services department and a signed copy shall be furnished to the applicant. (Ord. 261 Exh. A (part), 2016: 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. 261 Exh. A (part), 2016: 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 AHJ 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 fourteen days of such notice. If a cure cannot be satisfied within the fourteen days, a written plan and timeline shall be submitted to the Hebgen Basin Fire District for approval.
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 fourteen days or failure to submit a written plan to the Hebgen Basin Fire District shall be an offense as provided for in Sections 1.12.010 and 1.12.020. Each day of such noncompliance shall be a separate offense. The town building official or police department may issue citations for municipal infractions based on the investigations of the fire chief or fire code official. Multiple violations of the fire code within a calendar year could lead to the suspension of business license. (Ord. 261 Exh. A (part), 2016: 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. (Ord. 261 Exh. A (part), 2016: Ord. 243 §5, 2009)