Title
15
BUILDINGS
AND CONSTRUCTION*
Chapters:
15.04 Fire and Building Technical Codes
15.08 Uniform Fire Code (Repealed)
15.10 Uniform Code for the Abatement of Dangerous Buildings
15.12 Uniform Mechanical Code (Repealed)
15.14 Uniform Plumbing Code (Repealed)
15.18 Cabo One and Two Family Dwelling Code
(Repealed)
15.20 National Electrical Code (Repealed)
15.22 Uniform Code for Building Conservation
15.24 Cabo Model Energy Code and Northwest Energy
Code (Repealed)
15.36 Building Code Board of Appeals
15.44 Oversize Loads and House Moving
15.46
Voluntary Residential Inspection Program
15.56 Construction Over Waterways .
15.64 Grading, Drainage, and Erosion Control Permits
(Repealed)
15.66 Development
Impact Fee Procedures and Requirements
15.68
Hillview Way Special Improvement District No. 549 Impact Fee
15.70 Sxwtpqyen Area Transportation Special Impact Fee
Sections:
15.04.010 Building technical codes adopted.
* For statutory provisions on the authority of
the city to regulate the construction of buildings, see MCA §7‑15‑4122;
for provisions on the authority of the city to provide for the inspection and
measuring of building materials, see MCA §7‑15‑4123; for provisions
on the authority of the city to regulate and restrict the erection,
construction, alteration, repair, etc., of buildings, and structures, see MCA
§§76‑2‑302 and 76‑2‑310‑‑76‑2‑312.
**Prior
ordinance history: Prior Code §5‑3 and Ord. 1814.
A. The current and future editions of the following
model technical building construction codes, including, but not limited to the
International Building Code, International Residential Code, International
Mechanical Code, International Fuel Gas Code, International Existing Building
Code, International Energy Conservation Code, NFPA 99C Gas and Vacuum Systems, International Swimming Pool and Spa Code and all
accompanying appendices, amendments, and modifications adopted or required to
be adopted by the Montana Department of Labor Building Codes Bureau (or its
successor) as set forth in the Administrative Rules of Montana, as amended from
time to time by the Building Codes Bureau, are adopted by reference and
incorporated into this Title as if set forth in full, except for any exceptions
noted in this Chapter or any regulations which are not applicable to local
government jurisdictions.
B. One (1) copy of each code shall be kept on file
in the office of the City Clerk and one (1) copy of each code shall be kept on
file in the office of the Building Inspection Division.
C. Any amendments adopted by the Building Codes
Bureau which apply to local government jurisdictions, including adoption of the
latest editions of the model technical building construction codes listed in
15.04.010 A. above, as well as future editions of those model technical
building codes, or applicable Administrative Rules of Montana, shall become
effective upon execution of an Administrative Rule by the Mayor as authorized
by Section 50-60-301 MCA, unless a different effective date is specified in the
Administrative Rule.
D. A copy of the model technical building
construction codes and administrative rules, as amended, will be kept in the
office of the City Clerk.
E. The model technical building construction codes
and Administrative Rules of Montana as adopted above, and the other provisions
of Title 15 are applicable within the corporate limits of the City of Missoula
and are enforced by the Building Inspection Division.
(Ord. 3561,
2016; Ord. 3427, 2010; Ord. 3294 §1, 2005; Ord. 3208, 2002; Ord. 3134, 2000;
Ord. 2986 §1, 1996: Ord. 2898 §1, 1994:
Ord. 2821 §1(part), 1992: Ord. 2784 §1,
1991: Ord. 2731 §1, 1990: Ord.
2687 §1, 1989: Ord. 2499 §1, 1986: Ord. 2329 §1, 1983: Ord. 2106, 1980; Prior
Code §5-3).
A. There is hereby adopted by the city
for the purpose of prescribing regulations governing conditions hazardous to
life and property from fire, hazardous materials or explosion and providing for
the issuance of permits and collection of fees; that certain Code and Standards
known as the International Fire Code adopted by the Fire Prevention and
Investigation Bureau of the Montana Department of Justice (or its successor),
as set out in the Administrative Rules of Montana, and as amended from time to
time by the Bureau, are adopted by reference and incorporated in this chapter
as if set forth in full, with the additions, amendments, and deletions
enumerated within the Administrative Rules, except as may be noted in this
chapter, by future Administrative Order, or by any regulations not applicable
to local government jurisdictions.
B. Exceptions: Appendix D of the
International Fire Code edition adopted by the Fire Prevention and
Investigation Bureau of the Montana Department of Justice is adopted.
C. One copy of the Code and Standard
have been and, currently are, on file in the City Fire Marshal's Office, and
from the date on which this ordinance shall take effect the provision thereof
shall be controlling within the limits of the city.
D. Any amendments adopted by the Fire
Prevention and Investigation Bureau (or its successor) which apply to local
government jurisdictions, including the adoption of the latest editions of the
International Fire Code or applicable Administrative Rules of Montana, shall
become effective upon execution of an Administrative Order of the Mayor unless
a different effective date is specified in the Administrative Order.
E. A copy of the amendment notification
and the corresponding new edition will be kept on file in the City Fire
Marshal’s Office.
F.
The fire code and Administrative Rules of Montana as adopted above are
applicable within the corporate limits of the City of Missoula and are enforced
by the Missoula Fire Department.
(Ord. 3518,
2013; Ord. 3427, 2010)
Sections:
15.06.010
Adoption by reference.
15.06.010 Adoption by reference. The city adopts and incorporates by
this reference the Uniform Housing Code, 1997
Edition as amended by the Annotated Rules of Montana (ARM) 8.70.102 (1)( c)
along with the following amendments:
1. Amend Section 203 of the code as follows:
(a)
General. In order to hear and
decide appeals of orders, decisions or determinations made by the building
official relative to the application and interpretations of this code, there
shall be and is hereby created a Housing Advisory and Appeals Board, which
shall be the Board of Appeals as created in the Uniform Building Code.
2. Amend
Section 1001.2, Item 9 of the code as follows:
At the sole discretion of the building
official, minimum room heights in habitable space of less than 7 feet 6 inches
may be considered adequate on a case by case basis, provided the space has been
lawfully and continuously used as a residential occupancy and the following
criteria are met:
a)
All sleeping areas are provided egress
windows as required in the appropriate building code.
b)
All habitable areas are provided with
windows which meet the minimum building
code light and ventilation requirements.
c)
Smoke detectors are provided in
accordance with the appropriate building code. The absolute minimum ceiling
height acceptable in such non-standard habitable space shall be 6'-10'. (Ord. 3132, 2000; Ord. 3083, 1998; Ord.
2989, 1996; Ord. 2896 §1, 1994; Ord. 2822 §2, 1992; Ord. 2772 §1, 1991) .
15.06.020
Applicability.
The purpose of this, the Uniform Housing Code, is to provide minimum
requirements for the protection of life, limb, health, property, safety and
welfare of the general public and the owners and occupants of residential
buildings. (Ord. 3132, 2000; Ord. 3083,
1998; Ord. 2989, 1996; Ord. 2896 §2, 1994; Ord. 2822 §3, 1992; Ord. 2772 §2,
1991).
15.06.030 Copy on File.
The Uniform Housing Code, 1997 Edition, is a nationally recognized model
code setting forth the minimum standards and requirements for maintenance of
residential buildings. A copy of the
Uniform Housing Code shall be filed with the city clerk for inspection by the
public. Copies may also be purchased at
the International Conference of Building Officials, 5360 South Workman Mill
Road, Whittier, California 90601-2298; The Department of Commerce, Building
Codes Bureau, P.O. Box 200517, Helena, Montana 59620-0517; or the city of
Missoula building inspection division, as available. (Ord. 3132, 2000; Ord.
3083, 1998; Ord. 2989, 1996; Ord. 2896 §3, 1994; Ord. 2822 §§1, 4, 1992; Ord.
2772 §3, 1991).
Sections:
15.08.010
Repealed (Ord. 3427, 2010; Ord. 3275, 2004 §1; Ord.
3148, 2000; Ord. 3015, 1997; Ord. 2833 §1, 1992; Ord. 2716 §1, 1989; Ord. 2508
(part), 1986; Ord. 2332 §1, 1983; Ord. 2015, 1979: Prior Code §11‑21).
15.08.040 Repealed
(Ord. 3427, 2010; Ord.
2716 §2, 1989: Ord. 2508(part), 1986;
Ord. 2332 §2, 1983).
UNIFORM CODE FOR THE ABATEMENT OF
DANGEROUS BUILDINGS
Sections:
15.10.010 Adoption
by reference.
15.10.010 Adoption by reference. The city adopts and incorporates by
this reference, the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, along with the state of Montana,
with the following amendments: Amend Section 205 of the code as follows:
General. In order to hear and decide appeals of
orders, decisions or determinations made by the building official relative to
the application and interpretations of the code, there shall be and is hereby
created a Board of Appeals, which is the Board of Appeals as created by the
Uniform Building Code Section 105. (3128, 2000; Ord. 3084, 1998; Ord. 2984,
1996; Ord. 2823 §1, 1992; Ord. 2773 §1,
1991).
15.10.020 Applicability.
The purpose of the Uniform Code for the Abatement of Dangerous Buildings
is to provide a just, equitable, and practicable method, to be cumulative with
and in addition to, any other remedy provided by the Uniform Building Code or
Uniform Housing Code, or otherwise available by law, whereby buildings or
structures which, from any cause, endanger the life, limb, health, morals,
property, safety or welfare of the general public or their occupants, may be
required to be repaired, vacated or demolished. (Ord. 3128, 2000; Ord. 3084,
1998; Ord. 2984, 1996; Ord. 2823 2, 1992; Ord. 2773 §2, 1991).
15.10.030 Copy on file. The Uniform Code
for the Abatement of Dangerous Buildings,
1997 Edition, is a nationally
recognized model code setting forth minimum standards and requirements for
dangerous buildings. A copy shall be
filed with the city clerk for inspection by the public. Copies may also be viewed at the
International Conference for Building Officials, 5360 South Workman Mill Road,
Whittier, California 90601-2298; The Department of Commerce, Building Codes
Bureau, P.O. Box 200517, Helena, Montana 59620-0517; or the city of Missoula
building inspection division, as available. (Ord. 3128, 2000; Ord. 3084, 1998;
Ord. 2984, 1996; Ord. 2823 §3, 1992; Ord. 2773 §3, 1991).
(REPEALED, ORD. 3208, 2002)
Sections:
15.12.010 Repealed. (Ord.
3208, 2002; Ord. 3126, 2000; Ord. 3085, 1998; Ord. 3057, 1998; Ord. 3027, 1997;
Ord. 2990, 1996; Ord. 2900 §1, 1994; Ord. 2824 §1, 1992; Ord. 2774 §1, 1991) .
15.12.020 Repealed. (Ord.
3208, 2002; Ord. 3126, 2000: Ord. 3085, 1998; Ord. 3057, 1998; Ord.
3027, 1997; Ord. 2990, 1996; Ord. 2900 §2, 1994; Ord. 2824 §2, 1992; Ord. 2774
§2, 1991).
15.12.030 Repealed. (Ord. 3208, 2002; Ord. 3126, 2000; Ord. 3085, 1998; Ord.
3057, 1998; Ord. 3027, 1997; Ord. 2990, 1996; Ord. 2900 §3, 1994; Ord. 2824 §3,
1992; Ord. 2774 §3, 1991).
(REPEALED, ORD. 3208, 2002)
Sections:
15.14.010 Repealed. Ord.
3208, 2002; Ord. 3166, 2001; Ord. 2897
§1, 1994: Ord. 2825 §1, 1992: Ord. 2775 §1, 1991).)
15.14.020 Repealed. Ord.
3208, 2002; Ord. 3166, 2001; Ord. 3166, 2001; Ord. 3127, 2000; Ord. 3082, 1998;
Ord. 3058, 1998; Ord. 3025, 1997; Ord. 2991, 1996; Ord. 2897 §3, 1994; Ord.
2825 54, 1992; Ord. 2775 §4, 1991).
15.14.030 Repealed. (Ord. 3208,
2002; Ord. 3166, 2001; Ord. 3166, 2001; Ord. 3127, 2000; Ord. 3082, 1998; Ord.
3058, 1998)
15.14.040 Repealed. (Ord. 3208, 2002; Ord. 3166, 2001; Ord. 3127, 2000; Ord.
3082, 1998; Ord. 3058, 1998; Ord. 3025, 1997; Ord. 2991, 1996; Ord. 2897 §4,
1994; Ord. 2897 §3, 1994; Ord. 2825 §5, 1992; Ord. 2775 §5, 1991).
Gas and Vacuum Systems
Chapter:
15.16.010 Adoption
by Reference.
15.16.010 Adoption By Reference.
The city adopts and incorporates by this reference, National Fire
Protection Association Standard NFPA 99C, Gas and Vacuum Systems, 1999 Edition
as adopted by the State of Montana. (Ord. 3125, 2000).
15.16.020 Applicability.
The purpose of this code is to provide minimum standards for the
protection of life, limb, health, property, environment and for the safety and
welfare of the consumer general public and owners of buildings or structures
containing medical gas and vacuum piping systems through inspection by state
certified inspectors. (Ord. 3125, 2000).
15.16.030 Copy On File.
National Fire Protection Association Standard NFPA 99c, Gas And Vacuum
Systems, 1999 Edition, is a nationally recognized model code setting forth minimum
standards and requirements for the construction, fabrication, installation,
repair, alteration, use and maintenance of all medical and dental gas supply
and vacuum systems. a copy shall be
filed with the City Clerk for inspection by the public. copies may be viewed at
the Department Of Commerce, Building Codes Bureau, P.O. Box 200517, Helena,
Montana 59620-0517, Or The City Of Missoula Building Inspection Division, as
available. (Ord. 3125, 2000)
CABO ONE‑ AND TWO‑FAMILY DWELLING CODE
(REPEALED, ORD. 3208, 2002)
Sections:
15.18.010 Repealed. Ord. 3208, 2002; Ord. 3130, 2000; Ord. 3086, 1998; Ord.
3009, 1996; Ord. 2987, 1996; Ord. 2776 91, 1991).
15.18.020 Repealed. Ord. 3208, 2002; Ord. 3130, 2000; Ord. 3086, 1998; Ord.
2987, 1996; Ord. 2776 §2, 1991).
15.18.030 Repealed. Ord. 3208, 2002; Ord. 3130, 2000; Ord. 3086, 1998; Ord.
2987, 1996; Ord. 2776 §3, 1991).
(REPEALED, ORD. 3208, 2002)
Sections:
15.20.010 Repealed. Ord. 3208, 2002; Ord. 3129, 2000; Ord.
3026, 1997; Ord. 3026; 1997; Ord. 2895 §1, 1994; Ord. 2777 §1, 1991).
15.20.020 Repealed. Ord. 3208, 2002; Ord.
3129, 2000; Ord. 3026, 1997; Ord. 2895 §2, 1994; Ord. 2777 §2, 1991).
15.20.030 Repealed. Ord. 3208, 2002; Ord.
3129, 2000; Ord. 3026, 1997; Ord. 2895 §3, 1994; Ord. 2777 §3, 1991).
Sections:
15.22.010 Adoption by reference.
15.22.010 Adoption
by reference. The city adopts and incorporates by
this reference herein the Uniform Code for Building Conservation, 1997
Edition, along with the state of Montana, with the following amendments:
B. Amend Section 207 of the code to read as follows:
In
order to hear and decide appeals of orders, decisions or determinations made by
the building official relative to the application and interpretations of this
code, there shall be and is hereby created a Building Conservation Appeals
Board, which shall be the Board of Appeals as created by the Uniform Building
Code. (Ord. 3133, 2000; Ord. 3087, 1998;
Ord. 2985, 1996; Ord. 2826 §1, 1992; Ord. 2778 §1, 1991).
15.22.020 Applicability. The
purpose of this code, the Uniform Code for Building Conservation, is to
encourage the continued use or reuse of legally existing historic buildings and
structures while providing a minimum degree of life-safety protection to the
users of the buildings or structures. (Ord. 3133, 2000; Ord. 3087, 1998; Ord.
2985, 1996; Ord. 2826 §2, 1992; Ord. 2778 §2, 1991).
15.22.030 Copy on file. The Uniform Code
for Building Conservation, 1997 Edition, is a nationally recognized model
code setting forth minimum standards and requirements for conservation of
legally existing buildings. A copy of
the Uniform Code for Building Conservation shall be filed with the city clerk
for inspection by the public. Copies may
also be viewed at the International Conference of Building Officials, 5360
South Workman Mill Road, Whittier, California 90601-2298; The Department of
Commerce, Building Codes Bureau, P.O. Box 200517, Helena, Montana, 59620-0517;
or the city of Missoula building inspection division, as available. (Ord. 3133,
2000; Ord. 3087, 1998; Ord. 2985, 1996; Ord. 2826 §3, 1992; Ord. 2778 §3,
1991).
CABO
MODEL ENERGY CODE AND NORTHWEST ENERGY CODE
(REPEALED,
ORD. 3208, 2002)
Sections:
15.24.010 Repealed. Ord. 3208, 2002;
Ord. 3124, 2000; Ord. 3088, 1998; Ord. 2988, 1996; Ord. 2899 §1, 1994; Ord.
2827 §1, 1992; Ord. 2779 §1, 1991).
15.24.020 Repealed. Ord. 3208, 2002;
Ord. 3124, 2000; Ord. 3088, 1998; Ord. 2988, 1996; Ord. 2899 §2, 1994; Ord.
2827 §2, 1992; Ord. 2779 § 2, 1991).
15.24.030 Repealed. Ord. 3208, 2002; Ord. 3124, 2000; Ord. 3088,
1998; Ord. 2988, 1996; Ord. 2899 §3, 1994; Ord. 2827 §3, 1992; Ord. 2779 §3,
1991).
(REPEALED, ORD. 3492,
2013)
(Codifier’s
note: In 2012, this chapter was
repealed an recodified in Title 2, Chapter 11)
Sections:
15.28.010 Repealed. (Codifier’s
note: In 2012, this section was
recodified as Section 2.11.060.) (Ord. 3492, 2013; Ord. 2781 §1, 1991; Ord.
2141 §3, 1980).
15.28.020 Repealed. (Codifier’s
note: In 2012, this section was
recodified as Section 2.11.070.) (Ord. 3492, 2013; Ord. 2781 §2, 1991: Prior
Code §2‑18).
15.28.050 Repealed. (Codifier’s note: In 2012, this section was recodified as
Section 2.11.080.) (Ord. 3492,
2013; Ord. 2328 §2, 1983).
Sections:
15.32.010 Building permits‑‑Generally.
15.32.020 Fees charged for building, mechanical, plumbing,
and electrical permits
15.32.010 Building permits—Generally.
A. No person shall erect, repair, alter, wreck or
move any building or part thereof without first securing a building permit
therefore; provided, however, that no such permit shall be necessary for the
construction, reconstruction or alteration of a building not used or not to be
used for commercial or industrial purposes where the cost of the work does not
exceed one hundred dollars.
B. Application for a building permit shall
be made to the building inspector on blank forms to be furnished by the city.
Each application for a permit to construct, alter or move a building shall be
accompanied by plans and a plat or a survey of the land upon which such
movement is contemplated made by a surveyor registered by the state, and a
certificate by the surveyor that stakes have been placed upon the corners of
the land by the surveyor and that in addition thereto, stakes have been placed
by the surveyor marking the outside limits of the structures; provided, that
the building inspector may waive the requirements that stakes be placed by the
surveyor marking the outside limits of the proposed structure in the event that
the building inspector is satisfied, without the placing of such stakes, that
such proposed structure will not extend across the exterior lines of the
property owned by the applicant and will not violate any of the front, side or
rear yard requirements established by Title 19.
C. No change shall be made by way of
relocating any of such surveyor marks or stakes after the application for a
building permit has been filed with the building inspector, without the
written consent of the building inspector.
D. No such stakes shall be removed, changed
or destroyed prior to the completion of such structure, except such stakes as
must necessarily be removed in the process of erecting, altering or moving the
structure.
E. The building inspector shall issue the
building permit only after determining that the building, the asbestos
inspection survey and the application comply with the terms of this chapter,
including the asbestos survey requirements, the provisions of Title 19, and
that a zoning compliance permit has been issued.
F. The building inspector shall not issue a
building permit, as set out in this section, for construction of any building
in newly annexed areas until such areas shall be zoned.
G. The building inspector shall not issue a
building permit, as set out in this section, to erect, repair, alter, wreck or
move any building in any area that is being considered for rezoning if that
building would not be a permitted use pursuant to the zoning classification proposed
for the real property on which the building permit would be applicable. Real
property shall be considered to be under consideration for rezoning whenever
rezoning has actually been initiated either by city council action or by
property owner petition as authorized under Section 19.72.010 of this code,
pertaining to zoning changes. Property owner petitions for rezoning shall be
considered to have initiated a rezoning consideration once the city clerk has
received a valid and proper application requesting rezoning and the applicable
rezoning application review fees have been paid to the city zoning officials.
Any property for which the subdivision review process has already begun and/or
any property for which a site plan has already been determined by the city
zoning officer to be in compliance with applicable zoning code provisions prior
to the time any rezoning has been initiated shall be exempt from the provisions
of this subsection. For the purpose of determining an exemption from this
provision, the commencement of the subdivision review process means the point
in time when subdivision submittal packets are certified by the city planning
staff for agency review.
H. The building inspector shall not issue a
building or demolition permit, as set out in this section, to erect, repair,
alter, renovate, remodel, demolish, lift , burn or move any building unless an
asbestos survey has been conducted on the areas of the building affected by the
proposed repair, alteration, renovation, remodel, demolition, lifting, burning or moving. A person seeking a permit must provide the
following prior to being issued the requested permit:
1. A certified statement signed by the
asbestos surveyor attesting that the asbestos survey is complete must be
provided to the building official;
2. A signed original statement must be
provided to the building official indicating that the owner and the contractor
have seen the completed asbestos survey and are aware of its contents; and
3. A signed original statement advising
that a copy of the asbestos survey has been sent to the Montana Department of
Environmental Quality.
4. In this section, an “asbestos survey”
means an asbestos inspection performed by a trained asbestos inspector
licensed/accredited by the Montana Department of Environmental Quality (DEQ).
5. This section applies to all commercial,
public and industrial buildings, as well as residential buildings with five (5)
or more units.
6. A person who obtains a survey of a
building in its entirety is not required to obtain surveys for subsequent
renovations or demolitions of the building so long as proof of the original
asbestos survey is provided to the building official. The survey must be thoroughly conducted
pursuant to the Montana Department of Environmental Quality’s standards found
in the Asbestos Work Practice and Procedures Manual; specifically, it must be
conducted by a Montana Department of Environmental Quality accredited asbestos
inspector and the asbestos survey must address all building materials impacted
or disturbed by the permitted activity.
I. It is the duty of the city building
inspector to enforce this chapter through the proper channels. (Ord. 3368 §1,
2008; Ord. 2538 §1, 1987; Ord. 2162 §1, 1980; Ord. 1828, 1977; Ord. 1815, 1977:
Prior Code §5‑1)
15.32.020 Fees charged for
building, mechanical, plumbing, and electrical permits
A. BUILDING PERMITS
|
1. |
Building Fee Schedule |
|
Fee |
|
|
a. |
Construction value of $1.00 to $500.00 |
$25.00
|
||
|
Construction value of $501.00 to
$600.00 |
$29.00
|
|||
|
Construction value of $601.00 to
$700.00 |
$31.00
|
|||
|
Construction value of $701.00 to
$800.00 |
$34.00
|
|||
|
Construction value of $801.00 to
$900.00 |
$38.00
|
|||
|
Construction value of $901.00 to
$1,000.00 |
$41.00
|
|||
|
Construction value of $1,001.00 to
$1,100.00 |
$44.00
|
|||
|
Construction value of $1,101.00 to
$1,200.00 |
$48.00
|
|||
|
Construction value of $1,201.00 to
$1,300.00 |
$51.00
|
|||
|
Construction value of $1,301.00 to
$1,400.00 |
$54.00
|
|||
|
Construction value of $1,401.00 to
$1,500.00 |
$59.00
|
|||
|
Construction value of $1,501.00 to
$1,600.00 |
$61.00
|
|||
|
Construction value of $1,601.00 to
$1,700.00 |
$65.00
|
|||
|
Construction value of $1,701.00 to
$1,800.00 |
$69.00
|
|||
|
Construction value of $1,801.00 to
$1,900.00 |
$71.00
|
|||
|
Construction value of $1,901.00 to
$2,000.00 |
$74.00
|
|||
|
Construction value of $2,001.00 to
$3,000.00 |
$89.00
|
|||
|
Construction value of $3,001.00 to
$4,000.00 |
$104.00
|
|||
|
Construction value of $4,001.00 to
$5,000.00 |
$118.00
|
|||
|
Construction value of $5,001.00 to
$6,000.00 |
$134.00
|
|||
|
Construction value of $6,001.00 to
$7,000.00 |
$148.00
|
|||
|
Construction value of $7,001.00 to
$8,000.00 |
$163.00
|
|||
|
Construction value of $8,001.00 to
$9,000.00 |
$178.00
|
|||
|
Construction value of $9,001.00 to
10,000.00 |
$193.00
|
|||
|
Construction value of $10,001.00 to
$11,000.00 |
$208.00
|
|||
|
Construction value of $11,001.00 to
$12,000.00 |
$222.00
|
|||
|
Construction value of $12,001.00 to
$13,000.00 |
$237.00 |
|||
|
Construction value of $13,001.00 to
$14,000.00 |
$251.00
|
|||
|
Construction value of $14,001.00 to
$15,000.00 |
$267.00
|
|||
|
Construction value of $15,001.00 to
$16,000.00 |
$282.00
|
|||
|
Construction value of $16,001.00 to
$17,000.00 |
$297.00
|
|||
|
Construction value of $17,001.00 to
$18,000.00 |
$311.00
|
|||
|
Construction value of $18,001.00 to
$19,000.00 |
$327.00
|
|||
|
Construction value of $19,001.00 to
$20,000.00 |
$341.00
|
|||
|
Construction value of $20,001.00 to
$21,000.00 |
$356.00
|
|||
|
Construction value of $21,001.00 to
$22,000.00 |
$371.00
|
|||
|
Construction value of $22,001.00 to
$23,000.00 |
$384.00
|
|||
|
Construction value of $23,001.00 to
$24,000.00 |
$401.00
|
|||
|
Construction value of $24,001.00 to
$25,000.00 |
$414.00
|
|||
|
Construction value of $25,001.00 to
$26,000.00 |
$426.00
|
|||
|
Construction value of $26,001.00 to
$27,000.00 |
$436.00
|
|||
|
Construction value of $27,001.00 to
$28,000.00 |
$447.00
|
|||
|
Construction value of $28,001.00 to
$29,000.00 |
$458.00
|
|||
|
Construction value of $29,001.00 to
$30,000.00 |
$468.00
|
|||
|
Construction value of $30,001.00 to
$31,000.00 |
$480.00
|
|||
|
Construction value of $31,001.00 to
$32,000.00 |
$490.00
|
|||
|
Construction value of $32,001.00 to $33,000.00 |
$502.00
|
|||
|
Construction value of $33,001.00 to
$34,000.00 |
$512.00
|
|||
|
Construction value of $34,001.00 to
$35,000.00 |
$523.00
|
|||
|
Construction value of $35,001.00 to
$36,000.00 |
$533.00
|
|||
|
Construction value of $36,001.00 to
$37,000.00 |
$544.00
|
|||
|
Construction value of $37,001.00 to
$38,000.00 |
$555.00
|
|||
|
Construction value of $38,001.00 to
$39,000.00 |
$564.00
|
|||
|
Construction value of $39,001.00 to
$40,000.00 |
$577.00
|
|||
|
Construction value of $40,001.00 to
$41,000.00 |
$587.00
|
|||
|
Construction value of $41,001.00 to
$42,000.00 |
$596.00
|
|||
|
Construction value of $42,001.00 to
$43,000.00 |
$609.00
|
|||
|
Construction value of $43,001.00 to
$44,000.00 |
$619.00
|
|||
|
Construction value of $44,001.00 to
$45,000.00 |
$628.00
|
|||
|
Construction value of $45,001.00 to
$46,000.00 |
$640.00
|
|||
|
Construction value of $46,001.00 to
$47,000.00 |
$651.00
|
|||
|
Construction value of $47,001.00 to
$48,000.00 |
$661.00
|
|||
|
Construction value of $48,001.00 to
$49,000.00 |
$672.00
|
|||
|
Construction value of $49,001.00 to
$50,000.00 |
$684.00
|
|||
|
Construction value of $50,001.00 to
$51,000.00 |
$691.00
|
|||
|
Construction value of $51,001.00 to
$52,000.00 |
$698.00
|
|||
|
Construction value of $52,001.00 to
$53,000.00 |
$706.00
|
|||
|
Construction value of $53,001.00 to $54,000.00 |
$713.00
|
|||
|
Construction value of $54,001.00 to
$55,000.00 |
$721.00
|
|||
|
Construction value of $55,001.00 to
$56,000.00 |
$728.00
|
|||
|
Construction value of $56,001.00 to
$57,000.00 |
$734.00
|
|||
|
Construction value of $57,001.00 to
$58,000.00 |
$743.00
|
|||
|
Construction value of $58,001.00 to
$59,000.00 |
$750.00
|
|||
|
Construction value of $59,001.00 to
$60,000.00 |
$758.00
|
|||
|
Construction value of $60,001.00 to
$61,000.00 |
$765.00
|
|||
|
Construction value of $61,001.00 to
$62,000.00 |
$773.00
|
|||
|
Construction value of $62,001.00 to
$63,000.00 |
$780.00
|
|||
|
Construction value of $63,001.00 to
$64,000.00 |
$786.00
|
|||
|
Construction value of $64,001.00 to
$65,000.00 |
$795.00
|
|||
|
Construction value of $65,001.00 to
$66,000.00 |
$802.00
|
|||
|
Construction value of $66,001.00 to
$67,000.00 |
$810.00
|
|||
|
Construction value of $67,001.00 to
$68,000.00 |
$816.00
|
|||
|
Construction value of $68,001.00 to
$69,000.00 |
$824.00
|
|||
|
Construction value of $69,001.00 to
$70,000.00 |
$831.00
|
|||
|
Construction value of $70,001.00 to
$71,000.00 |
$837.00
|
|||
|
Construction value of $71,001.00 to
$72,000.00 |
$846.00
|
|||
|
Construction value of $72,001.00 to
$73,000.00 |
$853.00
|
|||
|
Construction value of $73,001.00 to
$74,000.00 |
$860.00
|
|||
|
Construction value of $74,001.00 to $75,000.00 |
$867.00
|
|||
|
Construction value of $75,001.00 to
$76,000.00 |
$876.00
|
|||
|
Construction value of $76,001.00 to
$77,000.00 |
$883.00
|
|||
|
Construction value of $77,001.00 to
$78,000.00 |
$889.00
|
|||
|
Construction value of $78,001.00 to
$79,000.00 |
$896.00
|
|||
|
Construction value of $79,001.00 to
$80,000.00 |
$905.00
|
|||
|
Construction value of $80,001.00 to
$81,000.00 |
$913.00
|
|||
|
Construction value of $81,001.00 to
$82,000.00 |
$927.00
|
|||
|
Construction value of $82,001.00 to
$83,000.00 |
$934.00
|
|||
|
Construction value of $83,001.00 to
$84,000.00 |
$941.00
|
|||
|
Construction value of $84,001.00 to
$85,000.00 |
$949.00
|
|||
|
Construction value of $85,001.00 to
$86,000.00 |
$957.00
|
|||
|
Construction value of $86,001.00 to
$87,000.00 |
$964.00
|
|||
|
Construction value of $87,001.00 to
$88,000.00 |
$970.00
|
|||
|
Construction value of $88,001.00 to
$89,000.00 |
$980.00
|
|||
|
Construction value of $89,001.00 to
$90,000.00 |
$987.00
|
|||
|
Construction value of $90,001.00 to
$91,000.00 |
$993.00
|
|||
|
Construction value of $91,001.00 to
$92,000.00 |
$1000.00
|
|||
|
Construction value of $92,001.00 to
$93,000.00 |
$1008.00
|
|||
|
Construction value of $93,001.00 to
$94,000.00 |
$1017.00
|
|||
|
Construction value of $94,001.00 to
$95,000.00 |
$1023.00
|
|||
|
Construction value of $95,001.00 to
$96,000.00 |
$1,030.00
|
|||
|
Construction value of $96,001.00 to
$97,000.00 |
$1,038.00
|
|||
|
Construction value of $97,001.00 to
$98,000.00 |
$1,045.00
|
|||
|
Construction value of $98,001.00 to
$99,000.00 |
$1,046.00
|
|||
|
Construction value of $99,001.00 to $100,000.00 |
$1,053.00
|
|||
|
$100,001.00 to $500,000.00 = $1,053.00
for the first $100,000.00 plus $6.62 for each additional $1,000.00 or
fraction thereof. |
$1,053.00
|
|||
|
$6.62 |
||||
|
$500,001.00 to $1,000,000.00 =
$3,701.00 for the first $500,000.00 plus $4.41 for each additional $1,000.00
or fraction thereof, to and including $1,000,000.00. |
$3,701.00
|
|||
|
$4.41 |
||||
|
$1,000,001.00 and up =$5,908 for the
first $1,000,000.00 plus $3.31 for each additional $1,000.00 or fraction
thereof. |
$5,908.00
|
|||
|
$3.31 |
||||
|
b. |
Demolition permit fee |
$17.00
|
||
|
|
|
|
|
|
|
c. |
Solar installations |
|
|
$77.00 |
|
d. |
International Energy Conservation Code
Special Inspection Fee $150 in advance plus $37.50 per 30 minutes after 2
hours. Balance to be paid prior to
final inspection |
|
|
$75.00
per hour |
|
e. |
Residential Re-roof permit flat fee |
|
|
$120.00 |
B.
MECHANICAL PERMITS
|
1. |
Mechanical Permit Issuance |
|
Proposed Fee |
||
|
a. |
For issuing each permit |
$32.00
|
|||
|
b. |
For issuing each supplemental permit
for which the original permit is not expired, cancelled or completed |
$10.00 |
|||
|
Except for wood stoves or
solid fuel appliances |
|||||
|
May not extend another
applicant’s permit |
|||||
|
2. |
Furnaces |
|
Proposed Fee |
|
|
a. |
For
the installation or relocation of each forced-air or gravity-type furnace,
burner or heat exchanger, including any ducts or vents attached to such
appliance, up to and including 100,000 BTU/HR |
$21.00 |
||
|
b. |
For the installation or relocation of
each forced-air or gravity-type furnace, burner or heat exchanger, including any
ducts or vents attached to such appliance, over 100,000 BTU/HR |
$25.00 |
|
3. |
Heaters |
|
Proposed Fee |
|
|
a. |
For the installation or relocation of
each suspended heater, recessed wall heater, floor mounted room heater, floor
furnace, wall furnace or gas fireplace insert, including vents attached to
such appliance |
$21.00
|
|
4. |
Appliance Vents / Combustion Air
Ducting |
|
Proposed Fee |
|
|
a. |
For the installation, relocation or
replacement of each appliance vent or combustion air ducting no included in
an appliance permit |
$10.00 |
|
5. |
Repairs or Additions |
|
Proposed Fee |
|
|
a. |
For the repair of, alteration of, or
addition to each existing heating appliance, refrigeration unit, cooling
unit, or for each such system, including installation of controls regulated
by the UMC |
$21.00 |
|
6. |
Boilers, Compressors or Heat
Exchangers |
|
Proposed Fee |
|
|
a. |
For the installation or relocation of
each boiler, or steam or hot water heat exchanger, up to and including
100,000 BTU/HR; or for each compressor (including package or rooftop units)
up to and including 3 horsepower (ton). |
$21.00
|
||
|
b. |
For the installation or relocation of
each boiler, or steam or hot water heat exchanger, over 100,000 BTU/HR up to
and including 500,000 BTU/HR; or for each compressor (including package or
rooftop units) over 3 horsepower (ton) up to and including 15 horsepower
(ton). |
$35.00
|
||
|
c. |
For the installation or relocation of
each boiler, or steam or hot water heat exchanger, over 500,000 BTU/HR up to
and including 1,000,000 BTU/HR; or for each compressor (including package or
rooftop units) over 15 horsepower (ton) up to and including 30 horsepower
(ton). |
$48.00
|
||
|
d. |
For the installation or relocation of
each boiler, or steam or hot water heat exchanger, over 1,000,000 BTU/HR up
to and including 1,750,000 BTU/HR; or for each compressor (including package
or rooftop units) over 30 horsepower (ton) up to and including 50 horsepower
(ton). |
$73.00
|
||
|
e. |
For the installation or relocation of
each boiler, or steam or hot water heat exchanger, over 1,750,000 BTU/HR up
to and including 1,750,000 BTU/HR; or for each compressor (including package
or rooftop units) over 50 horsepower (ton). |
$122.00
|
|
7. |
Air Handlers |
|
Proposed Fee |
||
|
a. |
For each air-to-air heat exchanger, including
any ducts attached thereto |
$14.00
|
|||
|
b. |
For each air-handling unit or fan-coil
unit up to and including 10,000 cubic feet per minute (CFM), including ducts
attached thereto |
$14.00
|
|||
|
c. |
For each air-handling unit over 10,000
CFM |
$25.00
|
|||
|
Note: The above fees do not apply to
air-handling units which are a portion of a factory-assembled appliance,
cooling unit, or evaporative cooler for which a permit is required elsewhere
in the UMC. |
|||||
|
8. |
Evaporative Coolers |
|
Proposed Fee |
||
|
a. |
For each evaporative cooler other than
portable type |
$14.00
|
|||
|
9. |
Ventilation and Exhaust |
|
Proposed Fee |
||
|
a. |
For each ventilation fan connected to
a single duct |
$10.00
|
|||
|
b. |
For each ventilation system, or for
ductwork which is not a portion of any heating or air-conditioning system
authorized by a permit |
$14.00
|
|||
|
c. |
For the installation of each hood
which is served by mechanical exhaust, including the duct for such hood, but
not including any related fans or make-up air |
$14.00
|
|||
|
10. |
Miscellaneous Mechanical |
|
Proposed Fee |
||
|
a. |
For the installation or relocation of
each residential-type wood stove or solid fuel appliance, including chimney,
but no including any other required air-quality permits from other agencies |
$43.00 |
|||
|
b. |
For each appliance or piece of
equipment regulated by the UMC but not classed in other appliance categories
or for which no other fee is listed |
$14.00 |
|||
|
11. |
Fuel / Gas Piping |
` |
|
Proposed Fee |
|
|
a. |
For each gas-piping system of one to
four outlets (per fuel/gas service) |
$12.00 |
|||
|
b. |
For each gas-piping system, additional
outlets over four per outlet (per fuel/gas service) |
$5.00 |
|||
C. PLUMBING PERMITS
|
1. |
Plumbing Permit Issuance |
|
Proposed Fee |
||
|
a. |
For issuing each permit |
$32.00
|
|||
|
b. |
For issuing each supplemental permit
for which the original permit is not expired, cancelled or completed |
$10.00
|
|||
|
May not extend another
applicant’s permit |
|||||
|
2. |
Schedule of Plumbing Fees |
|
Proposed Fee |
||
|
a. |
For the installation, relocation or replacement
of plumbing fixture, trap or stub-out |
$12.00
|
|||
|
b. |
For each water heater or replacement
(storage tank type) |
$12.00
|
|||
|
c. |
For installation, alteration, or
repair of water piping and/or water treatment equipment |
$12.00
|
|||
|
d. |
For repair or alteration of drainage
or vent piping |
$12.00
|
|||
|
e. |
For each lawn sprinkler or fire
protection system, or any one meter, including backflow protection device |
$12.00
|
|||
|
f. |
For 1 to 4 total unprotected plumbing
fixtures, tanks, vats, etc., or vacuum breaker or backflow protection device
(each) |
$12.00
|
|||
|
g. |
For 5 or more unprotected plumbing
fixtures, tanks, vats, etc., or vacuum breaker or backflow protection device
(each) |
$5.00
|
|||
|
h. |
For each industrial water
pre-treatment equipment including the drainage and vent |
$14.00
|
|||
|
i. |
For each medical gas and vacuum piping
system serving one to five inlet(s), outlet(s) or opening(s) for a specific
gas |
$107.00
|
|||
|
j. |
For each additional medical gas and
vacuum inlet(s), outlet(s) or opening(s) over 5 |
$11.00
|
|||
|
k. |
For each gray water system
installation |
|
|
$77.00 |
|
D. ELECTRICAL PERMITS
|
1. |
Single-Family Dwelling |
|
Proposed Fee |
|||
|
a. |
New construction 100 to 300 Amp
service |
$278.00 |
||||
|
b. |
New construction 301 or more Amp
service |
$430.00 |
||||
|
c. |
New addition to, remodel or interior
rewire of existing |
$84.00 |
||||
|
d. |
Change or upgrade service – meter
and/or breaker panel |
$53.00 |
||||
|
e. |
Miscellaneous residential wiring
(labor and materials not to exceed $50.00) |
$32.00 |
||||
|
f. |
Miscellaneous residential wiring
(labor and materials over $50.00 but no addition, remodel or interior rewire) |
$64.00 |
||||
|
g. |
For mobile home, manufactured home,
modular home, or travel trailer use #5 |
See
#5 below |
||||
|
2. |
Duplex |
|
Proposed Fee |
|||
|
a. |
New construction – any capacity
service |
$384.00 |
||||
|
b. |
Any other installations – use #7 |
See
#7 below |
||||
|
3. |
Multi-Family Dwelling (3 to 12 units) |
|
Proposed Fee |
||
|
a. |
New construction – any capacity
service |
$214.00
|
|||
|
b. |
New construction of multi-family
dwellings over 12 units or any other installations use #7 |
See
#7 below |
|||
|
4. |
Detached Residential Accessory
Building (Garages, Sheds, Barns, Etc.) |
|
Proposed Fee |
||
|
a. |
New construction / existing unwired –
up to 200 Amp service |
$84.00 |
|||
|
b. |
New construction / existing unwired –
2001 to 300 Amp service |
$214.00 |
|||
|
c. |
New construction / existing unwired –
301 Amp service or more |
$278.00 |
|||
|
d. |
New construction – any capacity branch
service from primary structure (if wired at the same time as primary
structure) |
$32.00 |
|||
|
e. |
New addition to, remodel, or interior
rewire of existing |
$84.00 |
|||
|
f. |
Change or upgrade service – meter
and/or breaker panel |
$53.00 |
|||
|
g. |
Miscellaneous residential wiring
(labor and materials not to exceed $50.00) |
$32.00 |
|||
|
h. |
Miscellaneous residential wiring
(labor and materials over $50.00 but no addition, remodel, or interior
rewire) |
$64.00 |
|||
|
5. |
Mobile Home, Manufactured Home,
Modular Home, or Travel Trailer |
|
Proposed Fee |
||
|
a. |
Located inside a Court with an
existing service (feeder only – service upgrade not included) |
$53.00 |
|||
|
b. |
Located outside a Court with an
existing service (feeder only – service upgrade not included) |
$53.00 |
|||
|
c. |
Located inside or outside a Court with
a new service or service upgrade (includes feeder if done at same time) |
$84.00 |
|||
|
d. |
For new service or service upgrade
only at meter – use #7 |
See
#7 below |
|||
|
e. |
New mobile home courts and/or
recreational vehicle parks per space for the first 3 spaces. Additional
spaces installed at the same time - $8.32 per additional space |
$32.00 |
|||
|
calculation
(additional space) |
$8.57 |
||||
|
f. |
Change or upgrade service – breaker
panel only |
$53.00 |
|||
|
g. |
Display homes and mobile offices – use
#7 |
See
#7 below |
|||
|
6. |
Special Installations |
|
Proposed Fee |
||
|
a. |
Irrigation wells, livestock wells,
etc. (includes new service and feeder for equipment if done at same time) |
$84.00 |
|||
|
b. |
Irrigation pump, machines or other
outdoor equipment per unit (one pump and/or one pivot) |
$75.00 |
|||
|
c. |
Temporary construction service |
$53.00 |
|||
|
d. |
STEP sewer system |
$75.00 |
|||
|
Note: The electrical permit fee for all
other installations (commercial, industrial, institutional, public use, or
for which a fee is not listed above) shall be based on the project cost
according to the schedule below. The project cost shall be the cost to the
owner of all labor and material used in the installation. Please round
project cost to the nearest hundred prior to using fee schedule. |
|||||
7. |
Commercial, Non-Residential and Other |
|
Proposed Fee |
||
|
a. |
Project cost of $0 to $500 |
$64.00
|
|||
|
b. |
Project cost of $501 to $1,000 |
$64
for 1st $500 plus 8% of project balance |
|||
|
c. |
Project cost of $1,001 to $10,000 |
$128.00
|
|||
|
for
1st $1,000 plus 3% of project balance |
|||||
|
d. |
Project cost of $10,001 to $50,000 |
$514.00
|
|||
|
for
1st $10,000 plus 0.7% of project balance |
|||||
|
e. |
Project cost of $50,001 or more |
$943.00
|
|||
|
for
1st $50,000 plus 0.4% of project balance |
|||||
E. LOW VOLTAGE PERMITS
1. |
Commercial, Industrial, Multi-Family
(3-plex or more) and Other |
|
Proposed Fee |
||
|
a. |
Project cost of $0 to $500, All
projects permitted prior to December 1, 2011 |
$64.00
|
|||
|
b. |
Project cost of $501 to $1,000 |
$64
for 1st $500 plus 8% of project balance |
|||
|
c. |
Project cost of $1,001 to $10,000 |
$128.00
|
|||
|
for
1st $1,000 plus 3% of project balance |
|||||
|
d. |
Project cost of $10,001 to $50,000 |
$514.00
|
|||
|
for
1st $10,000 plus 0.7% of project balance |
|||||
|
e. |
Project cost of $50,001 or more |
$943.00
|
|||
|
for
1st $50,000 plus 0.4% of project balance |
|||||
F. REQUESTED INSPECTIONS, SPECIFIC TIME
INSPECTION REQUESTS AND REINSPECTION FEES
REQUESTED
INSPECTION FEE: Requested inspections for projects for
which there are no permits will be charged $36.00 for the first hour or
fraction thereof, and $18.00 for each thirty minutes, or fractional part
thereof, in excess of one hour. For the purpose
of determining the cost of a requested inspection, the time shall include all
travel, inspection, research and clerical time.
SPECIFIC
TIME INSPECTION REQUESTS: This section allows a contractor or
owner to request a specific time (within 10 minutes) for an inspection. A specific time may be requested between the
hours of 9:30 a.m. and 3:30 p.m. Monday through Friday with the exception of
holidays. The fee for each Specific Time
Inspection Request is $52.00.
RE-INSPECTION
FEE: A re-inspection fee of $36.00 may be
assessed for each inspection or re-inspection when such portion of work for
which inspection is called is not complete or when corrections are not made.
This section is not to be interpreted as
requiring re-inspection fees the first time a job is rejected for failure to
comply with the requirements of the applicable building, plumbing, electrical
or mechanical code(s), but as controlling the practice of calling for
inspections before the job is ready for such inspection or re-inspection.
Re-inspection fees may be assessed when
the inspection record card is not available on the work site; the approved
plans are not readily available to the inspector, for failing to provide access
on the date for which inspection is requested, or for deviating from the
approved plans.
In instances where a re-inspection fee
has been assessed, no additional inspections of the work, or project, will be
performed until the re-inspection fee has been paid.
(Ord.
3453, 2011; Ord. 3444, 2010; Ord. 3432, 2010; Ord. 3417, 2010; Ord. 3382, 2008;
Ord. 3349, 2007; Ord. 3326, 2006; Ord. 3297, 2005; Ord. 3260, 2004)
G. PLAN REVIEW FEE
When submittal documents are required, a
plan review fee must be paid in addition to the building permit fee. The plan
review fee shall be 20% of the building permit fee as established in Section
15.32.020(A).
The plan review fee must be paid before
a building permit application is reviewed beyond the initial screening.
Additional plan review required by
changes, additions or revisions to plans shall be charged at $48.00 per hour,
with a minimum charge of one-half hour ($24.00). (Ord. 3453, 2011; Ord. 3444,
2010; Ord. 3432, 2010; Ord. 3417, 2010; Ord. 3417, 2010; Ord. 3382, 2008; Ord.
3349 §6, 2007)
H.
REACTIVATION FEE
There is hereby established a
reactivation fee $211.00 or the cost of the permit, whichever is less, for the
following expired permits:
(Ord.
3453, 2011; Ord. 3444, 2010; Ord. 3432, 2010; Ord. 3417, 2010; Ord. 3382, 2008;
Ord. 3349 §7, 2007)
BUILDING
CODE BOARD OF APPEALS
Sections:
15.36.020 Establishment and membership.
15.36.060 Operation of the board.
15.36.010 Purpose.
It is declared to be the intent of the city to protect and promote the general
welfare of the inhabitants of the city by establishing a building code board of
appeals. (Ord. 2283 §1, 1982).
15.36.020 Establishment and membership. There is established a building code board of appeals,
composed of seven members, one of which is an architect, one shall be a
licensed engineer, one shall be a state licensed master electrician or an
electrical engineer, one shall be a state licensed master plumber or a
mechanical engineer, and three at large members. All appointees shall be
persons who are qualified by experience and training to
pass upon matters pertaining to building construction and who are not
employees of the city jurisdiction. The mayor shall appoint members to the
board to be confirmed by the city council. Terms of appointment shall be for
three years. The two newly created positions shall be appointed for terms of
two and three years respectively in
order to stagger terms to
assure continuity on the board. (Ord. 2758 §1, 1990; Ord. 2500 §1, 1986; Ord.
2479 §1, 1986; Ord. 2456 §1, 1985; Ord. 2437 §1, 1985).
A. The duties and powers of the city building
code board of appeals shall be to serve as a board of appeals when the need
arises pursuant to the various adopted state building codes. This board shall
serve as the appeal board as required in the state adopted Building Code and
including all its' ancillary codes, e.g.; Abatement of Dangerous Buildings,
Electrical, Fire, Housing, Mechanical and Plumbing Codes. The duties and
powers of the board shall be as authorized in the current edition of the
Uniform Building Code to hear and decide appeals of orders, decisions or
determinations made by the building official pertaining to the
application and interpretation of the codes.
B. The building code board of appeals shall have
the power expressly granted it by each specific uniform code after public
notice and hearing, to determine the suitability of alternate materials and
methods of construction, and to provide for reasonable interpretation of the
provisions of the state adopted building codes as also adopted by the city. All
decisions and findings by the board shall be rendered in writing
to the appellant with a duplicate copy to the city building official.
C. The board of appeals shall have no authority or
power to waive any provisions or requirements of the current editions of the
state adopted uniform building codes. (Ord. 2758 52, 1990; Ord. 2701 §1, 1989;
Ord. 2283 §3, 1982).
15.36.040 Staff support. The building code board of appeals shall be served
primarily by the building official, who shall be an ex officio member of the
board and shall act as executive secretary. The building official shall have no
authority to vote with board members upon any matter before the board. (Ord.
2701 S2, 1989; Ord. 2283 §4, 1982).
15.36.050 Meetings.
The executive secretary of the board shall schedule all meetings of the board
as required by law and applicable city ordinances. The executive secretary
shall keep a record of all board actions in the form of minutes of the meeting.
(Ord. 2283 55, 1982).
15.36.060 Operation of the board.
A. A quorum for the board shall be four members.
B. The board shall adopt its own bylaws, consistent with its powers and duties under the provisions of this chapter
and other pertinent regulations. The executive secretary shall forward a copy
of the board's bylaws to the city council as such laws are adopted.
C. No member of the board may vote on any project in
which he/she or any partner has worked or has any financial, personal or other direct interest. (Ord. 2758 §3, 1990;
Ord. 2283 56, 1982).
ACCESSIBILITY
STANDARDS
Sections:
15.38.010
Adoption by reference.
15.38.050 Permit—Application—Fee.
15.38.060 Permit Fee
Exceptions.
15.38.070 Investigation Fees; Work without a Permit.
15.38.010 Adoption
by reference.
A The city adopts and incorporates by this reference, the Annotated
rules of Montana ARM 8.70.1501
through 8.70.1505 as Missoula Municipal Code Chapter 15.38- Accessibility
Standards. (Ord. 3131, 2000; Ord. 2562 §1, 1987).
15.38.020 Applicability.
The purpose of this code is to regulate the design and construction of
buildings, portions of buildings, site accessibility, exterior accessible
routes and parking requirements to provide access for persons with
disabilities. (Ord. 3131, 2000).
15.38.030 Copy On File.
The Annotated Rules of Montana ARM 8.70.1501 through 8.70.1505 are part
of the currently adopted state building code and are utilized as the basis for
establishing requirements and guidelines for the design and construction of
buildings, routes thereto and parking requirements to accommodate persons with
disabilities. A copy of ARM 8.70.1501
through 8.70.1505 shall be filed with the City Clerk of the City of Missoula
for inspection by the public or, a copy may be viewed at the City of Missoula
building Inspection Division as available. (Ord. 3131, 2000).
All new or
altered off-street parking areas for public buildings must meet accessibility
standards as set forth in Section
15.38.010 MMC. New off-street parking
areas for public buildings must be constructed to these standards. Existing off-street parking areas for public
buildings that are being altered or reconfigured must be upgraded to these
standards. The construction of a public
building, or alteration to a primary function area of a public building, which
must meet the requirements of Title 20 MMC, regarding parking, shall require a
Parking Lot Permit. The term ”public building” as used in this section means a
building or facility owned or operated by a government entity, or a private
sector building or facility that is open to members of the public, as
established in 50-60-101 MCA.
Any new
building or facility which requires a building permit and is subject to site
accessibility requirements per Section 15.38.010 MMC, which must meet the off
street parking requirements of Title 20 MMC, shall require a Parking Lot
Permit. Routine maintenance of an
existing parking area, such as asphalt maintenance, or repainting of existing
parking stripes, shall not require a Parking Lot Permit. It shall be unlawful
for any person, firm or corporation to perform the following work on sites
subject to accessibility requirements per Section 15.38.010 without first
obtaining a Parking Lot Permit from the Development Services :
(1) Construct a new off-street parking area;
(2) Alteration
of an existing off-street parking area;
(3) Pave
an existing unpaved off-street parking area;
(4) Paint traffic or parking lanes in an existing
off-street parking area in which the configuration of the parking area will be altered.
The applicant for the permit shall provide plans of the proposed
parking area and receive approval for such plans prior to commencing any
construction. Permits shall expire by limitation and become null and void if
work authorized is not commenced within one hundred eighty (180) calendar days
after date of issuance. Also, permits
shall expire by limitation and become null and void if work authorized by the
permit is suspended for more than thirty (30) calendar days except for weather
related delays. Before work is
commenced, a new permit shall be issued and a full permit fee paid. The Development Services Director or a designated agent may grant extension of
time on permits. Applicants shall give
the Development Services two hours’ notice prior to beginning placement of
asphalt, concrete or traffic paint, and provide notice of completion of work
under the permit. (Ord.
3492, 2013; Ord. 3158, 2000)
15.38.050
Permit—Application—Fee. Permit fees are based on the average
direct and indirect costs to provide plan checks, permit administration, field
inspection, and record management. The
fee for obtaining a permit shall be established and/or amended by City Council
after conducting a public hearing.
Revenue from
these fees shall be credited to the general fund.
(Ord. 3527,
2014; Ord. 3501 §8, 2013; Ord. 3476 §9, 2012; Ord. 3462 §10, 2011; Ord. 3433
§8, 2010; Ord. 3384 §8, 2008; Ord. 3350 §8, 2007; Ord. 3323 §8, 2006; Ord. 3259
§7, 2004; Ord. 3158, 2000)
15.38.060 Permit fee exceptions.
1.
Any contractor doing work for the City may be
exempted from permit fees referred to in Section 15.38, by the Development
Services Director.
(Ord. 3492, 2013; Ord.
3158, 2000)
15.38.070 Investigation Fees; Work without a Permit. Whenever any work for which a permit is
required by this ordinance has been commenced without first obtaining said
permit, a special investigation shall be made before a permit may be issued for
such work. An investigation fee, in
addition to the permit fee, shall be collected whether or not a permit is then
or subsequently issued. The
investigation fee shall be equal to the amount of the permit fee required by
this ordinance. The payment of such
investigation fee shall not exempt any person from compliance with all
provisions of this ordinance. (Ord. 3158, 2000)
15.38.080 Permit Fee
Refunds. Refunds or credits of permit fees shall only
be given when permit application errors or mistakes are caused by the city.
(Ord. 3158, 2000)
15.38.090 Plan requirements. Three copies of
the plans of the proposed parking area shall be submitted to Development
Services for review prior to issuance of the Parking Lot Permit if not
previously submitted with a building permit or zoning compliance permit
application. The plans shall be drawn to
scale of not less than one inch equal to fifty feet, showing locations of all
features and the following:
(1)
All structures proposed and existing;
(2)
All property lines, adjacent right-of-ways,
and all easements;
(3)
Location of existing and proposed curbs,
sidewalks, trails, driveways, and adjacent roads;
(4)
Parking arrangements, markings and dimensions,
circulation patterns, traffic signs and symbols;
(5)
The thickness of the proposed pavement and
base materials;
(6)
Landscaping and lighting proposed and
existing;
(7)
All underground and overhead utilities
proposed and existing;
(8)
Drainage structures, and flowlines proposed
and existing;
(9)
Erosion control structures, and drainage
structure protections as needed;
(10)
Construction notes and City standard drawing
references;
(11)
A complete legal description of the parcel;
(12)
North arrow and scale.
(Ord.
3492, 2013; Ord. 3158, 2000)
15.38.100 Design
standards. In addition to
the requirements of Title 20 MMC parking regarding parking and Section
15.38.010 MMC, the following standards shall be the minimum requirements for
off-street parking:
A. Curbs,
sidewalks, and street drainage structures shall be installed in the public
right of way if none exist in accordance with Chapter 12.12 MMC, Sidewalk
Construction. Deteriorated curbs and
sidewalks located in the public right-of-way adjacent to the site shall be
replaced as designated by the City Engineer.
Public sidewalks located in the public right-of-way adjacent to the site
shall be modified to meet accessibility standards.
B. All pedestrian pathways used for accessible
routes within the development shall be a minimum 5 feet in width. Where pathways cross vehicle driving lanes
the path shall continue at the same elevation of the pathway, or have permanent
access ramps installed.
C. All pedestrian pathways used for accessible
routes within the development shall be constructed across vehicle driving lanes
with the same surface type as the path.
D. Unpaved areas of the property, or adjacent
unpaved properties, shall not be used as access routes or parking areas, and
shall be protected from parking or access by a physical barrier such as raised
or pin-down curbs
(Ord. 3492,
2013; Ord. 3158, 2000)
OVERSIZE
LOADS AND HOUSE MOVING *
Sections:
15.44.040 Permit‑‑Completion requirement.
15.44.060 Grounds for refusal of permit.
15.44.070 Permit duties for the mover.
15.44.080 Identification mark.
15.44.090 Storage of building.
15.44.100 Supervision of house moving.
*Prior history:
Prior Code §§5‑9‑‑5‑15 and Ord. 2162.
15.44.010 Purpose. The
purpose of this chapter is to provide safeguards to life, limb, health,
property and public welfare by regulating and controlling the moving of any
oversize load, house, building or part thereof into, out of, within or through
the City. (Ord. 3448, 2010; Ord. 2357 §4,
1983)
15.44.020 Scope. .
The provisions of this chapter shall include, when appropriate: the restoration
of the original structure site, the intended site, the movement between sites,
and any temporary storage sites. "Oversize load", "House"
or "building" includes all oversize loads, houses and buildings or
any part thereof that comes within the scope of this chapter, and as defined in
the provisions of Title 61 of the Montana Code Annotated (MCA).
The provisions
of this chapter shall apply to any oversize load, house, building, or part
thereof which is:
(1) outside the City intended to be relocated
within the City;
(2) within the City being relocated outside
the City limits;
(3) within the City and being relocated within
the City; and being moved through the City on City streets.
(Ord. 3448,
2010; Ord. 2485 §1, 1986; Ord. 2357 §5, 1983).
A. Permit
Required. Except as provided in subsection B of this section, no person, partnership,
corporation, firm or association shall move an oversize load, house or building
or part thereof into, out of, within, or through the City without first
obtaining an oversize load/housemover's license pursuant to Chapter 5.70 of
this code and a moving permit as provided for in this chapter. A moving permit
is required for each separate oversize load, house or building or any part
thereof that is moved separately and whose size comes within the provisions of
this chapter. The building official
shall assure that the oversize load, house or building that originates within
the City limits is inspected prior to the move in order to ensure that it can
be safely moved through the city streets pursuant to the provisions of this
chapter.
B. Exceptions
to Required Permit or Oversize Load/Housemover's License.
1. Neither a moving permit nor an oversize
load/housemover's license is required pursuant to this chapter for the moving
of a mobile home and similarly sized factory-built buildings.
2. The operation or movement of a vehicle, combination
of vehicles, load, object or other things of a size or weight not exceeding the
maximum specified in Sections 61‑10‑101 through 61‑10‑110,
MCA, and which move can be legally accomplished without an oversize permit from
the State (pertaining to the size, weight and load regulations for motor
vehicles upon any highway within the state) shall not require an oversize
load/housemover's license or permit when operated or moved upon a street or
highway. Standard maximum dimensions pursuant to Montana state law are:
a. Total outside width loaded or unloaded of one
hundred two inches (eight and one‑half feet);
b. Overall length inclusive of front and rear
bumpers, whether unladen or with load, forty feet;
c. A vehicle unladen or with load may not exceed
a height of thirteen feet six inches. See Sections 61‑10-102 through 61‑10‑104,
MCA.
3. No city oversize load/housemover's license or
permit shall be required where the movement of any oversize load, house,
building, or part thereof that is being moved through the City from a location
outside the City to a different location outside the City only when the moving
route used within the City is solely Highway 93 if the move does not involve
physical contact with or require the movement, adjustment or stoppage of a traffic‑control
signal, traffic flow is not adversely affected for more than ten (10) minutes,
the oversize load does not exceed the overweight limit as defined by the
Montana Department of Transportation, and as long as the move is made in compliance
with Montana state law and administrative regulations applicable to motor
vehicle traffic and house movers.
4. The movement of any of the excepted loads
identified in this chapter must comply with all other City ordinances
pertaining to motor vehicle traffic, including but not limited to, compliance
with City truck route regulations to the extent feasible. Further, if the house
or building being moved within the City is to be relocated within the City, the
relocation of the house or building must be in compliance with all city
ordinance provisions, including but not limited to, compliance with all City
zoning, building and fire regulations.
C. Application.
The application for a moving permit shall be filled out with the information
required in this section:
1.
All permit requests shall include:
a. Information
with Respect to Mover. Name; address; state housemover's license number;
b. A
description of the oversize load or building proposed to be moved, giving
construction materials, dimensions, and conditions of exterior;
c. Proposed
moving date(s) and time(s) and anticipated time length of move;
d. List
complete moving route including a traffic control plan for approval by the
following City departments:
i.
Public works
ii.
Park Department
iii.
Police Department
iv.
Fire Department
v.
Development Services
e. Further, the mover shall comply with all
provisions of state laws and Administrative Rules of Montana pertaining to
notifying and working with all utilities in order to accomplish the movement
of any oversize load, house or building or part thereof in a safe manner. The
mover shall consult with all utilities as to the most appropriate traffic route
for a movement of any house or building or part thereof.
2.
Permit requests for house or building moves
must also include:
a. If
original site is within the city the applicant shall provide the name of
building owner; address of site; legal description; bond owner and bond number
for restoration.
b. If
destination site is within the city the applicant shall provide:
i.
Name of owner; address of site; legal
description; current zoning.
ii.
Zoning Review. The City Zoning Officer must
review the site plan and other materials submitted in this section and
determine that the building, as relocated, will meet all requirements of Title
20 of this code pertaining to zoning.
iii.
Building Permit Review and Permit. An approved City Building Permit will be
required for any buildings relocated within the City limits
(Ord. 3492, 2013; Ord. 3448, 2010; Ord. 2485‑§2, 1986; Ord. 2357 §6, 1983).
15.44.040 Permit‑‑Completion
requirement. Any
oversize load, house or building or part thereof moved into, out of, within or
through the City shall be accomplished in accordance with the building codes
and following procedures:
A. If the permit is for a house or building and
the original site is within the city; prior to the issuance of the moving
permit, the real property owner, or representative thereof shall present a bond
for twenty thousand dollars ($20,000) to guarantee that the existing site shall
be satisfactorily restored to protect public health and safety and the
aesthetic quality of the site within forty‑five days of the date of the
issuance of the moving permit.
B. The time limits in subsections A may be
extended by the Building official. The decision to extend or not extend a
deadline may be appealed to the City Council.
C. If the City determines that any site
restoration was not done to City standards, the City may draw upon either the
bond of the moving contractor or the property owner of the existing site.
D. The
physical move shall be completed on the date and time indicated on the permit
or as extended by the Development Services Director taking into consideration
the Administrative Rules of Montana and all state law pertaining to authorized
time(s) allowed for moving oversize loads, houses or buildings
(Ord. 3492,
2013; Ord. 3448, 2010; Ord. 2629 §1, 1988; Ord. 2357 §7, 1983).
15.44.050 Permit‑‑Fees. Fees for the issuance of a permit to move any oversize
load, house or building shall be established and/or amended by City Council
after conducting a public hearing.. If any one measurement of the building
exceeds the maximum given in any one fee schedule, the fee shall be determined
by the next larger schedule. Permit fees shall be deposited in the City General
Fund.
(Ord. 3527,
2014; Ord. 3501 §9, 2013; Ord. 3492, 2013; Ord. 3448, 2010; Ord. 2485 §3, 1986;
Ord. 2357 §8, 1983) .
15.44.060 Grounds
for issuance of permit. he Building official may issue a moving permit
only once he or she verifies:
A. That any
application requirement of any fee, deposit or bonding requirement has been
complied with;
B. That the
process for granting any State or Federal oversize loads permits or permissions
to proceed fully addresses and mitigates impacts identified by the City as
determined by Development Services, Public Works Department and/or the Police
Department.
C. That
the oversize load or building is not too large or heavy to move without endangering
persons or private or public property, including trees, buried utilities and
other public improvements as determined by the Building official in
consultation with the Public Works Director;
D. That
the oversize load or building is not in such a state of deterioration,
disrepair or otherwise so structurally unsafe that it can be moved without
endangering persons and property in the city as determined by the Building
official;
E. That the
oversize load or building is structurally safe and fit for the purpose of its
intended future use if the relocation site is in the City as determined by the
Building official;
F. That
the applicant's equipment to be used for moving the oversize load, house or
building or part thereof is safe and that persons and property will not be
endangered by its use as determined by the Building official;
G. That
City Zoning, Building, Fire or other codes or ordinances would not be violated
by the building in its new location, if the relocation site is in the City;
H. That
for any other reason persons or property in the city would not be endangered by
the moving of the oversize load, house or building as determined by the
Building official, Public works Department, Development Services and/or the
Police Department;
I. That
the proposed route would not cause excessive traffic congestion as determined
by the Public Works Department, Development Services Department and/or the
Police Department;
J. That
the time period in which the move would be taking place would not cause
excessive traffic congestion as determined by the Public Works Department,
Development Services Department and/or the Police Department.
(Ord. 3492,
2013; Ord. 3448, 2010; Ord. 2357 §9, 1983).
15.44.070 Permit
duties of the mover. The duties of the permittee shall be as
follows:
A. To
move the oversize load, house or building or any part thereof that comes within
the scope of this chapter only over streets designated for such use in the
written permit. If an emergency arises during the move, the mover may make
slight changes in the route as long as the changes can be achieved without
unduly endangering persons or property.
B. To
request in writing any change in the moving date or hours approved in the
application. Such changes must be approved in writing by the Building Official.
C. To
notify the Building Official in writing of any and all damage done to property
within a public right‑of‑way within twenty‑four hours after
the damage or injury occurred, and further comply with all state law accident
reporting procedures.
D. To
cause flashing yellow lights to be displayed on every side of the oversize
load, house or building or part thereof if it is temporarily parked on a street
or anywhere else within the public right‑of‑way. The flashing
yellow lights shall be placed in such a manner as to warn the public of the
obstruction.
E. At all
times erect and maintain barricades across the street in such manner as to
protect the public from damage or injury.
F. To
remove the oversize load, house or building or part thereof from the public
right-of-way after two days of such occupancy unless an extension is granted by
the Building Official.
(Ord. 3492,
2013; Ord. 3448, 2010; Ord. 2357 §10, 1983).
15.44.080
Identification mark. All oversize loads, houses or
buildings or parts thereof to be moved shall during the process of being moved
have prominently displayed on the oversize load, house or building or part
thereof both the name of the moving contractor and the moving permit number by
which the oversize load, house or building or part thereof can be readily
identified. Such identifying mark shall be placed on the house or building or
part thereof prior to moving. (Ord.
3448, 2010; Ord. 2357 §11, 1983).
15.44.090 Storage of
building. If a permanent relocation site for a
house or building or part thereof that is to be moved pursuant to this chapter
is unavailable at the time an initial move via or across any street or roadway
is necessitated for whatever reason, and the relocation is for a period in
excess of seventy‑two hours, the building may be stored at a temporary
storage location off public right-of-way. This will be handled as the
receiving site on the permit application. The temporary storage shall be for a
period of no more than forty‑five days. Buildings may be stored
indefinitely on an area zoned M2-4 so long as they comply to the extent possible
with the zoning provisions applicable to an M2-4 zone. At any time during the
storage period the building official may order the stored building moved to
another location if he or she determines that the storage constitutes a danger
to the public health, safety and welfare. (Ord. 3448, 2010; Ord. 2357 §12,
1983).
15.44.100
Supervision of move. The actual oversize load, house, or
building movement shall be under the supervision of the Building Official, who
shall determine any precautions deemed advisable for the protection of the
streets, abutting structures, trees, foliage or any other property of the city.
No oversize load, house or building or part thereof shall be moved without
pilot vehicles or flag persons front and rear on any oversize load, house or
building or part thereof twelve feet or more in width; or over thirty‑six
feet in length or more; or over twelve feet six inches in height. Such pilot
cars or flat persons are to be provided by the mover at the mover's expense. No
oversize load, house or building or part thereof shall be moved which shall
cause an extensive deprivation of any public utility service to the citizens of
the city. Whenever in the judgment of a city department the moving of an
oversize load, a house or building or part thereof requires tree
trimming, and/or removal and replacement of facilities by city forces, the
costs of such work shall be borne by the permittee. Payments for those costs
shall be made within five city business days of the date the costs are incurred
and prior to the city's release of the mover's bond.
(Ord. 3492, 2013; Ord. 3448, 2010; Ord. 2357
§13, 1983).
15.44.110 Repealed. (Ord. 3448, 2010; Ord. 2357 §14,
1983).
VOLUNTARY
RESIDENTIAL INSPECTION PROGRAM
Sections:
15.46.010 Voluntary Residential Inspection Program
15.46.040 Housing Inspection Checklist
15.46.050 Residential Inspection Certificate
15.46.070 Landlord Retaliation
15.46.080 Code Enforcement and Education Officer
15.46.010 Voluntary Residential Inspection Program.
There is hereby created a Voluntary Residential Inspection Program to
promote the health and safety of residents.
Any individual can request an inspection of their residential dwelling
unit. Request for such an inspection
should be submitted in writing to the Code Enforcement and Education Officer at
the City Building Department, along with payment of
the inspection fee as set forth in this Chapter. A request for inspection may be made
by the subject property's owner, landlord, agent, property manager, or
tenant. Upon receipt of the written
request form and the inspection fee, the City of Missoula Code Enforcement and
Education Officer shall conduct an inspection of the property designated for
inspection by the individual making the request. The inspection fee and the
checklist of items intended to be inspected shall be adopted by the City
Council through a resolution. (Ord. 3373 §1, 2008)
15.46.020 Purpose. The purpose of the Voluntary Residential
Inspection Program is to improve the quality of residential structures in the
City of Missoula to protect the health and safety of its residents. (Ord. 3373
§2, 2008)
A.
“Housing
Inspection Checklist” shall be a checklist which shall establish primary health
and safety concerns to be inspected during a Residential Inspection.
B.
“Residence” means a structure or the part of a structure
that is used as a residence, or sleeping place by a person who maintains a
household, or by two or more persons who maintain a common household. (Ord.
3373 §3, 2008)
15.46.040 Housing Inspection Checklist. The residential inspection is not intended to
investigate and discover any and all possible code violations in a residential
dwelling unit. The purpose of the
Voluntary Residential Inspection program is to inspect for those major safety
concerns which constitute a substantial health and safety risk to the occupants
or owners. To further this intent, the
City of Missoula has adopted a Housing Inspection Checklist, which lists the
major areas of violation which the Code Enforcement and Education Officer will
focus on when conducting a residential inspection. When conducting a residential inspection, the
Code Enforcement and Education Officer shall inspect for the items listed on
the checklist, and will either approve the residence as passing the items on
the Housing Inspection Checklist, or fail the residence for violating safety
concerns on the Housing Inspection Checklist.
If the residence fails, the Code Enforcement and Education Officer may,
depending on the severity of the violation, require appropriate action be taken
by the residential landowner to comply with the applicable building codes. (Ord.
3373 §4, 2008)
15.46.050 Residential Inspection Certificate. If the residence is approved as having passed
the Housing Inspection Checklist, the Code Enforcement and Education Officer
shall issue a Certificate of Inspection certifying that the property passed the
Housing Inspection checklist as of the date of inspection. A copy of the Housing Inspection checklist
will be provided to the individual making the inspection request. In the event the request was made by a
tenant, a copy of the Housing Inspection Checklist will be provided to both the
tenant and the landlord. The Residential
Inspection Certificate will certify the condition of the residence according to
the items covered on the Housing Inspection Checklist as of the date of the
inspection. Publicity or advertising
references to a certificate of inspection shall be accompanied by the date on
which the certificate was granted. (Ord. 3373 §5, 2008)
15.46.060 Inspection Fee. An inspection fee shall be
paid to Development Services prior to any residential inspection being
conducted under this ordinance. A fee
schedule shall be adopted, and modified from time to time, by the Missoula City
Council. (Ord. 3492, 2013; Ord.
3373 §6, 2008)
15.46.070 Landlord Retaliation. Section 70-24-431, Montana
Code Annotated provides for civil redress of retaliatory action against tenants
complaining to a government agency of health and safety issues. Retaliatory conduct includes, but may not be
limited to, increasing rent, reducing services, or beginning eviction and/or
termination of lease proceedings.
Redress for potential violations under §70-24-431, MCA, must be sought
in civil court. Elected officials,
employees, or agents of the City of Missoula are not empowered to enforce this
specific provision of the Montana Code Annotated. (Ord. 3373 §7, 2008)
15.46.080 Code Enforcement and Education Officer. The city establishes the new position, which
shall be called the Code Enforcement and Education Officer, for the city and
its jurisdictional area. The Code
Enforcement and Education Officer shall be the City Building Official or their
designee. The primary duties shall be
implementing the Voluntary Residential Inspection Program and creating and
implementing an education program to support and further the purposes of the
Voluntary Residential Inspection Program.
(Ord. 3373 §8, 2008)
15.46.090 Education Program.
The Code Enforcement and Education Officer shall create an education
program targeting homeowners, landlords and tenants. This focus of this program shall be educating
homeowners, landlords and tenants about safety and health issues and how to
ensure safety and health situations are remedied and applicable building codes
are maintained. The Code Enforcement and
Education Officer shall work with the ASUM Off-Campus Renter Center, real
estate agents, property management associations and/or companies, and all other
interested agencies or parties to further the purpose of the education program.
(Ord. 3373 §9, 2008)
ALARM
SYSTEMS
Sections:
15.48.030 Alarm user permits required‑Fee‑‑Renewal.
15.48.040 Application for alarm permit‑‑Emergency
notification
and reporting service information.
15.48.050 Issuance of permit decals.
15.48.060 Necessary items for alarm systems to qualify
for an alarm user permit.
15.48.070 Response to alarm‑‑Determination
of validity.
15.48.090 Fee assessment for alarm user permits.
15.48.100 Automatic telephone dialing alarm systems prohibited.
15.48.120 Equipment standards.
15.48.130 Police or fire department notification prior to
installation.
15.48.010 Title and
purpose.
This chapter shall be known as the "Alarm Systems Ordinance."
False alarms are a matter of public concern that represent a danger to the
citizens and police or fire officers of the city. Alarms necessitate immediate
police or fire department response, frequently requiring police or fire
officers to proceed through traffic at high rates of speed. Such situations
create stress since the officer must immediately prepare mentally and
physically for any necessary action at the premises where the alarm is
activated. The purpose of this chapter is to deter or eliminate false alarms
and the resulting dangers. (Ord. 3325, 2006; Ord. 3150, 2000; Ord. 2496 §2(1),
1986).
15.48.020 Definitions. Unless
the context clearly indicates otherwise, the following definitions apply:
A. "Alarm business" means the
business of any individual, partnership, corporation or other entity engaged in
selling, leasing, maintaining, servicing, repairing, altering, replacing,
moving or installing any alarm system or in causing any alarm system to be sold,
leased, maintained, serviced, repaired, altered, replaced, moved or installed
in or on any building, structure or facility.
B. "Alarm permit" means a permit issued
by the city allowing the operation of an alarm system within the city.
C. "Alarm system" means any assembly of
equipment, mechanical or electrical, arranged to signal an occurrence of an
illegal entry or other activity requiring urgent attention and to which the
police or fire department is expected to respond.
D. "Alarm user" means the person, firm,
partnership, association, corporation, company or organization of any kind in
control of a building, structure or facility or portion thereof wherein an
alarm system is maintained.
E. "Automatic telephone dialing alarm
system" means the automatic dialing device or an automatic telephone
dialing alarm system. This shall include any system which, upon being
activated, automatically transmits by telephone or telephone line to the city
police or fire department, a recorded message or code signal indicating a need
for emergency response; or a system which, upon activation, connects to an
answering service whose function is to transmit to the city police or fire
department a need for emergency response.
F. "False alarm" means an alarm
signal eliciting a response by police or fire department when a situation
requiring a response by the police or fire department does not in fact exist.
This definition does not include an alarm signal caused by unusually violent
conditions of nature nor does it include other extraordinary circumstances not
reasonably subject to control by the alarm user.
G. "Hearing officer" means an employee
of the city designated by the chief of police to act as an impartial arbitrator
at hearings related to the enforcement of this chapter.
H. “Alarm Service Provider” means the business that receives the alarm
signal and transmits the alarm message to the Missoula 911 Center for dispatch
of police or fire. (Ord. 3325, 2006; Ord. 3150, 2000; Ord. 2496 §2(2), 1986).
15.48.030 Alarm user permits required‑‑Fee‑‑Renewal.
A.
It
is unlawful for any person to use or operate an alarm system without a valid
alarm user permit. Violation of this section shall be a misdemeanor, punishable
by up to a $500.00 fine.
B.
Initial
(first) year: Alarm user permits shall
be submitted to the city upon application and payment of a twenty-six dollar
(26.00) registration fee, or, the alarm company or individual that installs the
alarm will be responsible for the paperwork and filing of the initial (first)
year’s alarm permit application.
C. Such applications must be made to the city
police department. The department may issue permits to alarm users after
completion of final inspection by police or fire officials as needed, if any,
and payment of the twenty-six dollar (26.00) registration fee.
D. No alarm user registration fee shall be
required from any unit or agency of the federal government or from any unit,
agency or political subdivision of the state.
E. All alarm user permits shall expire the
thirtieth day of June of each year and must be renewed within thirty days of
the expiration date on the permit.
Renewal permits will be issued after completion of an application form
and the payment of a twenty-six dollar (26.00) renewal fee. Exception: permits
for a premises that has had no false alarms during the preceding alarm permit
year will be renewed after completion of an application, but without the
necessity of paying any renewal fee.
F. If a business has one or more alarm systems
protecting two or more separate structures having different addresses, a
separate permit will be required for each structure.
G. Subsections
B through E of this section shall not apply in those situations where alarm
user permits have been revoked pursuant to the provisions of this chapter. (Ord.
3325, 2006; Ord. 3150, 2000; Ord. 2496 §2 (3) , 1986) .
15.48.040
Application for alarm permit‑‑Emergency notification and
reporting service information. Applications for alarm permits shall
be made on forms provided by the police department. Each application shall be
accompanied by a fee of twenty-six dollars (26.00). The application shall state
name, address, and telephone number of the applicant's property to be serviced
by the alarm, and the name, address and telephone number of the applicant's
residence, if different. If the applicant's alarm is serviced by an alarm
company, then the applicant shall also include the name, address and telephone
number of the company. Each permit shall be valid until the thirtieth day of
June each year.
A. Each application shall list an emergency
telephone number of the user or his representative to permit prompt
notification of alarm calls and of facilities assisting the police in the
inspection of the property. Changes in emergency telephone numbers shall be
kept current, and failure to provide updated information may constitute grounds
for revocation of the permit.
B. Reporting Service Information. Each holder
of an alarm user permit shall immediately notify the police department in
writing of any and all changes in the information on file with the city
regarding such permit. Failure to do so
shall constitute grounds for revocation of the permit. (Ord. 3325, 2006; Ord. 2496 §2 (4), 1986).
C. The owner of the alarm will provide to their
“alarm service provider” the City of Missoula alarm permit number and the
days/hours of normal operation. (Ord.
3325, 2006; Ord. 3150, 2000; Ord. 2496 52(5), 1986).
15.48.050
Issuance of permit decals. A
decal with the alarm user's permit number, name of business, or residence
owner's name, and permit address will be issued with the alarm user permit.
This decal must be prominently posted on or near the front entrance to the
premises so that the information provided on the decal is visible from the
outside of the structure. (Ord. 3325, 2006; Ord.
3150, 2000)
15.48.060 Necessary items for alarm systems to qualify
for an alarm user permit.
A. All alarm systems shall have a backup
power supply that will become effective in the event of a power failure or
outage in the source of electricity from the utility company.
B. All alarm systems will have an automatic
reset which silences the enunciator within ten minutes after activation and
which will not sound again as a result of the same event that produced the
original activation, excluding fire alarms. (Ord. 3325, 2006; Ord. 3150, 2000;
Ord. 2496 §2 (6) , 1986) .
15.48.070 Response
to alarm‑‑Determination of validity
A. An alarm user will provide the alarm service provider with the
days/hours of normal business operation. If an intrusion alarm (except
robbery/distress alarms) occurs during normal days/hours of business operation,
prior to requesting the Missoula 911 dispatch police or fire, the alarm service
provider will verify the alarm and need for response. Exception:
Fire, Robbery, and Distress alarms will be dispatched as agreed between the
alarm service provider and the alarm user, regardless of time of day.
Verification is still recommended, but not required.
B. Whenever an alarm is activated in the city, thereby requiring an
emergency response to the location by police or fire department, a police or
fire officer on the scene of the activated alarm system shall inspect the area
protected by the system and shall determine whether: (a) the emergency response
was in fact required as indicated by the alarm system; (b) whether the alarm
system malfunctioned in some way and thereby activated a false alarm; or (c)
went off even though no bona fide emergency situation existed, thereby
resulting in a false alarm situation.
C. If the police or fire officer at the scene of the activated alarm
system determines the alarm to be false, said officer shall make a report of
the false alarm. Notification shall be mailed or delivered to the alarm user at
the address of the said alarm system installation location, advising the alarm
user of the false alarm.
D. The chief of police or fire, or his designee, shall have the right
to inspect any alarm system on the premises to which a response has been made
and he may cause an inspection of such system to be made at any reasonable time
thereafter to determine whether it is being used in conformity with the terms
of this chapter.
E. Under certain conditions a false alarm is the fault of neither the
alarm system nor the alarm user (e.g., inclement weather). In such
circumstances, the alarm user will not be found in violation of a false alarm. (Ord. 3325, 2006; Ord. 3150, 2000; Ord.
2496 §2(7), 1986) .
A. A hearing officer shall be appointed by the
chief of police to hear appeals from alarm users on the issue of whether the
alarm system in question activated a false alarm, as determined by a police or
fire officer at the scene of such activated alarm.
B. Upon the mailing of any false alarm report to
the alarm user from the city, the alarm user shall have ten (10) days, orally
or in writing, to request a hearing before the said hearing officer.
C. At the hearing, which must be scheduled and
concluded within fifteen (15) days from the date the request for same is
received, the alarm user shall have the right to present evidence and
testimony.
D. The hearing officer shall make written findings
available to the alarm user and the chief of police within ten (10) days from
the date the hearing is concluded.
E. A decision by the chief of police, or his
designee, to uphold or to cancel the false alarm report which is the subject of
this section must be made within ten (10) days from the receipt of the above
findings by the chief of police.
F. Until all the steps set forth in this section
have been completed, the alarm event in question will be considered to be a
false alarm and will be considered the basis for the prima facie presumption
that the involved alarm system is either malfunctioning or activating itself
when no genuine emergency exists (Ord.
3325, 2006; Ord. 3150, 2000; Ord. 2496 §2(8), 1986).
15.48.090 Fee
assessment for alarm user permits.
A. It is found and determined that more than two
(2) false alarms within any permit year is excessive and constitutes a public
nuisance.
B. The activation of three or more false alarms
within a permit year will be handled according to the following schedule:
15.48.110.
C. For the purpose of this section, a permit year
will extend from date of issuance to June 30 of each year. False alarms
occurring during each permit year shall be handled in the manner set forth in
subsection D and E of this section.
D. Each service charge shall be considered a bill
owed by the user to the city and collectible through city municipal civil court
action if necessary to obtain collection.
E. If an alarm user does not have a valid city
alarm permit that is current and in full force and effect, the alarm user
should not expect to receive police department response whenever an alarm is
activated at any premises where an alarm is in use. (Ord. 3325, 2006; Ord. 3150, 2000; Ord.
2496 §2(9), 1986).
15.48.100 Automatic telephone dialing alarm systems
prohibited.
A. It is unlawful for any person, firm, or corporation to sell, offer
for sale, install, maintain, lease, operate or assist in the operation of an
automatic telephone dialing alarm system over any telephone lines used
exclusively by the public to directly request emergency service from the
Missoula Police Department.
B. The chief of police, or his designee, when he has knowledge of the
unlawful maintenance of an automatic telephone dialing alarm system, installed
or operated in violation of subsection A of this section shall, in writing,
order the owner, operator or lessee to disconnect and cease operation of the
system within seventy-two (72) hours of receipt of the order.
C. Any automatic telephone dialing system installed unlawfully, as set
forth in subsection A of this section, prior to the effective date of the ordinance
codified in this chapter shall be removed within thirty (30) days of the order
as contained in subsection B of this section.
(Ord. 3325, 2006; Ord. 3150, 2000; Ord. 2496 §2(10), 1986).
15.48.110
Summary table of police response guidelines and service charges for false alarm
responses.
The
summary table of police response guidelines for false alarm responses shall be
as follows:
A. 1st
false alarm requiring police or fire department response: free.
B. 2nd
false alarm requiring police or fire department response: $52.00 service
charge. Service charge is waived if the
alarm user provides to the Police Department within ten (10) working days a
letter of finding, describing the cause of the false alarm and the corrective
action taken to eliminate future false alarms.
C. 3rd
false alarm requiring police or fire department response: $52.00 service
charge. Service charge is waived if the alarm user provides to the Police
Department within ten (10) working days a letter of finding, describing the
cause of the false alarm and the corrective action taken to eliminate future
false alarms.
D. 4th
false alarm requiring police or fire department response: $104.00 service
charge and a letter of finding from the alarm company describing the cause of
the false alarm and the corrective action taken to eliminate future false
alarms.
E. 5th
false alarm requiring police or fire department response $208.00 service
charge. Requires an onsite inspection with the Missoula Police Department, the
owner of the alarm, and the alarm company.
F. 6th false alarm requiring police or
fire department response: $416.00 service charge, with an automatic suspension
of police response for the remainder of the year. When an alarm has been suspended or revoked,
the police will notify the alarm service provider that the Police Department
will not respond to alarms for the remainder of the permit year and
subsequently will do so only after a new permit has been issued. (Ord.
3325, 2006; Ord. 3150, 2000; Ord. 2496 92(11), 1986).
15.48.120 Equipment standards. It shall be the responsibility of the
owner of the building to have an annual maintenance performed on all alarm
systems as required by N.F.P.A. 72. If deficiencies are found during the annual
maintenance, it shall be the owner’s responsibility to correct them. The owner
or occupant shall provide proof of annual maintenance on site. All work on the alarm systems is required to
be performed by someone licensed by the State of Montana. All equipment used in
installations for which a permit is required shall meet the applicable
standards of the Underwriters Laboratories and/or the National Fire Protection
Association or other recognized industry standard. Applicant may be required to submit evidence
of the reliability and suitability of the equipment to be installed. (Ord.
3325, 2006;Ord. 3150, 2000; Ord. 2496 §2(12), 1986).
15.48.130 Police or
fire department notification prior to installation. No
audible-type burglary and/or robbery and/or fire alarm system shall be
installed or maintained on any premises within the city until such time as the
police or fire department has been so advised in writing and provided with a
list of the telephone numbers and addresses at which the person or persons
authorized to enter such premises may be reached. (Ord. 3325, 2006; Ord. 3150, 2000; Ord. 2496
§2(13), 1986).
15.48.140
User response. Upon the notification of an alarm, and the
request of the police or fire department, an alarm user or his agent shall
immediately go to the scene of such alarm and assist the police or fire
department in determining the possible cause of such alarm.
When a
reasonable suspicion exists for the police or fire to require the presence of
the alarm user or their representative for inspection of the premise and the
response is declined or a responder cannot be located, police response to
future alarms will be suspended. It will be resumed only after a meeting
between the alarm user and the police hearing officer to ensure that a non
response does not recur. The alarm permit may be suspended for the remainder of
the permit year. (Ord.
3325, 2006; Ord. 3150, 2000; Ord. 2496 §2(14), 1986).
15.48.150 Violation‑‑Penalty. Operating an
alarm system without a valid city alarm user’s permit or pursuant to a revoked
alarm user’s permit shall be a misdemeanor, punishable by a fine of up to five
hundred dollars ($500.00). (Ord.
3325, 2006; Ord. 3150, 2000; Ord. 2496 §2 (15) , 1986) .
BUILDING SECURITY CODE
Sections:
15.52.010
Applicability of chapter.
15.52.030 Alternate
materials and methods of construction.
15.52.060 Owner
responsible for compliance.
15.52.080 Private dwellings‑‑Exterior doors.
15.52.090 Private dwellings‑‑Sliding patio type
doors.
15.52.100 Private dwellings‑‑Garage doors.
15.52.110 Private dwellings‑‑Windows.
15.52.120 Multiple
dwellings‑‑Exterior doors.
15.52.130 Multiple
dwellings‑‑Sliding patio type doors.
15.52.140 Multiple
dwellings‑‑Garage doors.
15.52.150 Multiple
dwellings‑‑Swinging doors.
15.52.160 Multiple
dwellings‑‑Windows.
15.52.170 Commercial
dwellings‑‑Exterior doors.
15.52.180 Commercial
buildings‑‑Glass windows.
15.52.190 Commercial
buildings‑‑Accessible transoms.
15.52.200 Commercial
buildings‑‑Roof openings.
15.52.210 Commercial
buildings‑‑Special security measures.
15.52.220 Commercial
buildings‑‑Intrusion detection devices.
15.52.230 Violations‑‑Penalties.
15.52.010
Applicability of chapter. The provisions of this chapter shall
apply to new construction and to buildings
or structures
to which additions, alterations or repairs are made except as specifically
provided in this chapter. When
additions,
alterations or repairs within any twelve‑month period exceed fifty
percent of the ‑replacement value of the
existing
building or structure, the building or structure shall be made to conform to
the requirements for new buildings
or
structures. (Prior Code §5‑16).
15.52.020
Definitions. Certain terms are defined as follows:
A. "Burglar‑resistant
material" means framed glazing material that will withstand the impact of
a five‑pound steel ball dropped from a height of forty feet and five
impacts from a height of ten feet concentrated within a five‑inch
diameter area of the surface without release from the frame.
B. "Cylinder guard" means an exposed
free‑turning collar, cast or machined from a solid bar, surrounding the exposed portion of the lock cylinder
and is so fastened to completely encase the cylinder. The cylinder guard shall
have a minimum taper of fifteen degrees. The cylinder guard shall form the
exterior trim of the lock to protect the lock cylinder against wrenching,
prying, cutting, or pulling attack tools.
C. "Dead bolt" means a bolt with a free‑turning,
casehardened steel insert having a minimum projection of one inch which has no
automatic spring action and is operated by a key from outside and by a key
cylinder, thumbturn, or lever from the inside and is
positively held fast in the projected position.
D. "Deadlocking latch" means a latch
with a minimum projection latch bolt of one‑half inch and is positively
held in the projected position by a guard bolt, plunger or auxiliary mechanism.
E. "Latch" means a device for
automatically retaining the door in a closed position upon its closing.
F. "Louvers" means a series of fixed‑slanted
or movable slats. (Glass‑louvered is descriptive of jalousies. Glass,
wood or metal jalousies are considered to be louvers. Awning windows having
sections more than twelve inches in depth are not considered to be louvers.)
G. "Wrought box strike" means a steel
box installed under the strike recessed to receive the deadbolt when projected.
(Prior Code §5‑17).
15.52.030 Alternate
materials and methods of construction.
A.
The provisions of this chapter are not intended to prevent the use of any
material or method of construction not specifically prescribed by this chapter,
provided any such alternate has been approved, nor is it the intention of this
article to exclude any sound method of structural design or analysis not
specifically provided for in this chapter. Structural design limitations given
in this chapter are to be used as a guide only, and exceptions thereto may be
made if substantiated by calculations or other suitable evidence prepared by a
qualified person.
B. The enforcing authority may approve any such
alternate, provided, he finds the proposed design is satisfactory and the
material, method or work offered is, for the purpose intended, at least
equivalent of that prescribed in this chapter in quality, strength,
effectiveness, burglary resistance, durability and safety. (Prior Code §5‑18).
15.52.040 Tests.
Whenever there is insufficient evidence of compliance with the provisions of
this chapter or evidence that any material or any construction does not conform
to the requirements of this chapter, or in order to substantiate claims
for alternate materials or methods
of construction, the
enforcing authority may require tests as proof of compliance to be made at the
expense of the owner or his agent by an approved agency. (Prior Code §5‑19).
A.
The provisions of this chapter shall be included in the building code and
enforced by the building superintendent.
B. Enforcement of this division should be
developed with the cooperation of the local fire authority to avoid possible
conflict with fire laws. (Prior Code §5‑20, 5‑29 (part), 5‑34(part),
5‑40 (part)).
15.52.060 Owner
responsible for compliance. The owner or his designated agent
shall be responsible for compliance with the specifications set forth in this
chapter. (Prior Code §5‑21).
15.52.070 Exceptions. No portion of this chapter shall supersede any local,
state or federal laws, regulations, or codes dealing with the life‑safety
factor. (Prior Code §§5‑29 (part), 5‑34 (part) , 5‑40 (part))
.
15.52.080 Private
dwellings‑‑Exterior doors.
A. Exterior doors and doors leading from garage
areas into private family dwellings shall be of solid core no less than one and
three‑fourths inch thickness.
B. Exterior doors and doors leading from garage
areas into private family dwellings shall have dead bolt locking devices with a
minimum throw of one inch.
C. Vision panels in exterior doors or within reach
of the inside activating device must be of burglary resistant material with a
dead bolt with a one inch throw and keyed from both exterior and interior
sides.
D. Exterior doors swinging out shall have non-removable
hinge pins.
E In‑swinging exterior doors shall have
rabbeted jambs.
F.
Jambs for all doors shall be so constructed or protected as to prevent
violation of the function of the strike. (Prior Code §5‑30).
15.52.090 Private
dwellings‑‑Sliding patio type doors. Sliding patio type doors opening onto patios or balconies
which are less than one story above grade or are otherwise accessible from the
outside:
A. All single sliding patio doors shall have the
movable section of the door sliding on the inside of the fixed portion of the
door.
B. Dead locks shall be provided on all single
sliding patio doors. The lock shall be operable from the outside by a key
utilizing a bored lock cylinder of pin tumbler construction. Mounting screws
for the lock case shall be inaccessible from the outside. Lock bolts shall be
of hardened steel or have hardened steel inserts and shall be capable of
withstanding a force of eight hundred pounds applied in any direction. The lock
bolt shall engage the strike sufficiently to prevent its being disengaged by
any possible movement of the door with the space or clearances reinforced to
maintain effectiveness of bolt strength.
C.
Double sliding patio doors must be locked at the meeting rail and meet the
locking requirements of B above. (Prior Code §5‑31).
15.52.100 Private dwellings‑‑Garage doors. It is unlawful to furnish overhead garage doors with
bottom vents. (Prior Code §5‑33).
15.52.110 Private
dwellings‑‑Windows.
A.
Windows shall be so constructed that when the window is locked it cannot be
lifted from the frame.
B. Window locking devices shall be capable of
withstanding a force of three hundred pounds applied in any direction.
C. Louvered windows shall not be used within eight
feet of ground level. (Prior Code §5.32).
15.52.120 Multiple
dwellings‑‑Exterior doors.
A.
Exterior doors and doors leading from garage areas into multiple‑dwelling
buildings and doors leading into stairwells below the sixth floor level shall
have self‑locking (dead latch) devices, allowing egress to the exterior
of the building or into the garage area, or stairwell, but requiring a key be
used to gain access to the interior of the building from the outside or garage
area or into the hallways from the stairwell.
B. Exterior doors and doors leading from the
garage areas into multiple‑dwelling buildings and doors leading into
stairwells shall be equipped with self‑closing devices, if not already
required by other regulations, ordinance, or code. (Prior Code §5.35).
15.52.130 Multiple
dwellings‑‑Sliding patio type doors. Sliding patio type doors opening onto patios or balconies
which are less than one story above grade or are otherwise accessible from the
outside:
A. All single sliding patio doors shall have the
movable section of the door slide on the inside of the fixed portion
of the door.
B. Dead locks shall be provided on all single
sliding patio doors. The lock shall be operable from the outside by a key
utilizing a bored cylinder of pin tumbler construction. Mounting screws for the
lock case shall be inaccessible from the outside. Lock bolts shall be of
hardened material or have hardened steel inserts and shall be capable of
withstanding a force of eight hundred pounds applied in any direction. The lock
bolt shall engage the strike sufficiently to prevent its being disengaged by
any possible movement of the door with the space or clearances provided for
installation and operation. The strike area shall be reinforced to maintain
effectiveness of bolt strength.
C. Double sliding patio doors must be locked at
the meeting rail and meet the locking requirements of B above. (Prior Code §5‑38).
15.52.140 Multiple dwellings‑‑Garage doors. Whenever parking facilities are provided, either under or
within the confines of the perimeter walls of any multiple dwelling, such
facility shall be fully enclosed and provided with a locking device. (Prior
Code §5‑36).
15.52.150 Multiple
dwellings‑‑Swinging doors.
All swinging doors to individual motel, hotel, and multi‑family
dwellings:
A. All wood doors shall be of solid core
construction with a minimum thickness of one and three‑fourths inches.
B. Swinging entrance doors to individual units
shall have deadbolts with one inch minimum throw and hardened steel inserts in
addition to deadlatches with half‑inch minimum
throw. The locks shall be so constructed that both deadbolt
and deadlatch can be retracted by a single action of the inside
knob. Alternate devices to equally resist illegal entry may be substituted
subject to prior approval of the building superintendent.
C. An interviewer or peephole shall be provided in
each individual unit entrance door.
D. Door closers will be provided on each
individual entrance door.
E. Doors swinging out shall have nonremovable
hinge pins.
F. In‑swinging exterior doors shall have
rabbeted jambs.
G. Jambs for all doors shall be so constructed or
protected as to prevent violation of the function of the strike. (Prior Code §5‑37).
15.52.160 Multiple dwellings‑‑Windows.
A. Windows shall be so constructed that when the
window is locked it cannot be lifted from the frame.
B. Window locking devices shall be capable of
withstanding a force of three hundred pounds applied in any direction.
C.
Louvered windows shall not be used within eight feet of ground level, adjacent
structures or fire escapes. (Prior Code §5‑29).
15.52.170 Commercial
dwellings‑‑Exterior doors.
All exterior doors shall be secured as follows:
A. A single door shall be secured with either a
double cylinder deadbolt or a single cylinder deadbolt without a turnpiece with a minimum throw of one inch. A hook or
expanding bolt may have a throw of three‑fourths inch. Any deadbolt must
contain hardened material to repel attempts at cutting through the bolt.
B. On pairs of doors, the active leaf shall be
secured with the type lock required for single doors in subsection A above. The
inactive leaf shall be equipped with flush bolts protected by hardened material
with a minimum throw of five-eighths inch at head and foot. Multiple point
locks, cylinder activated from the active leaf and satisfying subsections A and
B above may be used in lieu of flush bolts.
C. Any single or pair of doors requiring locking
at the bottom or top rail shall have locks with a minimum five-eighths inch
throw bolt at both the top and bottom rails.
D. Cylinders shall be so designed or protected so
they cannot be gripped by pliers or other wrenching devices.
E. Exterior sliding commercial entrances shall be
secured as in subsections A, B and D above with special attention given to
safety regulations.
F. Rolling overhead doors, solid overhead
swinging, sliding or accordion garage‑type doors shall be secured with a
cylinder lock or padlock on the inside, when not otherwise controlled or locked
by electric power operation. If a padlock is used, it shall be of hardened
steel shackle, with minimum five pin tumbler operation with non-removable key
when in an unlocked position.
G. Metal accordion grate or grill‑type doors
shall be equipped with metal guide track at top and bottom and a cylinder lock
and/or padlock with hardened steel shackle and minimum five pin tumbler
operation with non-removable key when in an unlocked position. The bottom track
shall be so designed that the door cannot be lifted from the track when the
door is in a locked position.
H. Outside hinges on all exterior doors shall be
provided with non-removable pins when using pin‑type hinges.
I. Doors with glass panels and doors that have
glass panels adjacent to the door frame shall be secured as follows:
1. Rated burglary resistant glass or glass‑like
material; or
2. The
glass shall be covered with iron bars of at least one‑half inch round or
one inch by one‑fourth inch flat steel material, spaced not more than
five inches apart, secured on the inside of the glazing; or
3. Iron or steel grills of at least one‑eighth
inch materials of two inch mesh secured on the inside of the glazing.
J. In‑swinging doors shall have rabbeted
jambs.
K. Wood doors, not of solid core construction, or
with panels therein less than one and three‑eighths inches thick, shall
be covered on the inside with at least sixteen gauge sheet steel or its
equivalent attached with screws on minimum six‑inch centers.
L. Jambs for all doors shall be so constructed or
protected so as to prevent violation of the function of the strike.
M. All exterior doors, excluding front doors,
shall have a minimum of sixty watt bulb over the outside of the door. Such bulb
shall be protected with a vapor cover or cover of equally break‑resistant
material. (Prior Code §5‑23).
15.52.180 Commercial
buildings‑‑Glass windows.
A. Accessible rear and side windows not viewable
from the street shall consist of rated burglary resistant glass or glass‑like
material. Fire department approval shall be obtained on type of glazing used.
B. If the accessible side or rear window is of
the openable type it shall be secured on the inside with a locking device
capable of withstanding a force of three hundred pounds applied in any
direction.
C. Louvered windows shall not be used within eight
feet of ground level, adjacent structures or fire escapes.
D. Outside hinges on all accessible side and rear
glass windows shall be provided with non-removable pins. If the hinge screws
are accessible, the screws shall be of the nonremovable type. (Prior Code §5‑24).
15.52.190 Commercial
buildings‑‑Accessible transoms. All exterior transoms exceeding eight inches by twelve
inches on the side and rear of any building or premises used for business
purposes shall be protected by one of the following:
A. Rated burglary resistant glass or glass‑like
material; or
B. Outside iron bars of at least one‑half
inch round or one inch by one‑fourth inch flat steel material, spaced no
more than five inches apart; or
C. Outside iron or steel grills of at least one‑eighth
inch material but not more than two inch mesh;
D. The window barrier shall be secured with
rounded head flush bolts on the outside. (Prior Code §5‑25).
15.52.200 Commercial
buildings‑‑Roof openings.
A. All glass skylights on the roof of any
building or premises used for business purposes shall be provided with:
1. Rated
burglary resistant glass or glass‑like material meeting code
requirements; or
2. Iron
bars of at least one‑half inch round or one inch by one‑fourth inch
flat steel material under the skylight and securely fastened; or
3. A
steel grill of at least one‑eighth inch material of two inch mesh under
the skylight and securely fastened.
B. All hatchway openings on the roof of any
building or premises used for business purposes shall be secured as follows:
1. If
the‑hatchway is of wooden material; it shall be covered on the inside
with at least sixteen gauge sheet steel or its equivalent attached with screws;
2. The
hatchway shall be secured from the inside with a slide bar or slide bolts. The
use of crossbar or padlock must be approved by the fire marshal;
3. Outside
hinges on all hatchway openings shall be provided with non-removable hinge pins
when using pin‑type hinges.
C. All air duct or air vent openings exceeding
eight inches by twelve inches on the roof or exterior walls of any building or
premises used for business purposes shall be secured by covering the same with
either of the following:
1. Iron
bars of at least one‑half inch round or one inch by one‑half inch
flat steel material, spaced no more than five inches apart and securely
fastened; or
2. A
steel grill of at least one‑eighth inch material of two inch mesh and
securely fastened;
3. If
the barrier is on the outside, it shall be secured with rounded head flush
bolts on the outside. (Prior Code §5‑26).
15.52.210 Commercial buildings‑‑Special
security measures.
A. Safes. Commercial establishments having one
thousand dollars or more in cash on the premises after closing‑hours
shall lock such money in a Class "E" safe after closing hours.
B. Office Buildings (multiple occupancy). All
entrance doors to individual office suites shall have a deadbolt lock with a
minimum one‑inch throw bolt which can be opened from the inside. (Prior
Code §5‑27).
15.52.220 Commercial buildings‑‑Intrusion
detection devices.
A. If it is determined by the enforcing authority
of this chapter that the security measures and locking devices described in this
division do not adequately secure the building, he may require the
installation and maintenance of an intrusion detection device (burglar alarm
system).
B. Establishments having specific type
inventories shall be protected by the following type alarm service:
1. Silent alarm‑‑Central
station‑‑Supervised service a. Jewelry store‑‑Manufacturing,
wholesale, and retail, b. Guns and ammunition shops, c. Wholesale liquor and
liquor stores, d. Wholesale tobacco, e. Wholesale drugs, f. Fur stores, g. Pawn
shops, h. Electronic equipment, i. Wig stores, j . Clothing (new) , k. Coins
and stamps, 1. Industrial tool supply house, m. Camera stores, n. Precious
metal storage facility.
2. Local alarm (bell outside premises)
a. Antique dealers, b. Art galleries, c. Service stations. (Prior Code §5‑28).
15.52.230 Violations‑‑Penalties.
A.
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 city, or cause the same to
be done, contrary to or in violation of any of the provisions of this chapter.
B. Any person, firm, or corporation violating any
of the provisions of this article shall be deemed guilty of a misdemeanor and
shall be punishable by a fine of not more than five hundred dollars, or by
imprisonment for not more than six months, or by both such fine and
imprisonment. (Prior Code §5‑22) .
CONSTRUCTION
OVER WATERWAYS
Sections:
15.56.010 Prohibited‑‑Exceptions.
15.56.010 Prohibited‑‑Exceptions.
A.
No building or structure shall be built or constructed over, across or extending
in any way over any river, creek, lake or public waters within the limits of
the city, except the following:
1. Bridges
or causeways;
2. Viaducts;
3. Conduits for any public utility;
4. Electrical supply lines;
5. Docks and piers.
B.
This section does not apply to any artificial body of water that is exclusively
the property of a single ownership. (Prior Code §5‑5.1).
SWIMMING
POOLS
Sections:
15.60.020 Enclosure‑‑Required‑‑Specifications.
15.60.030 Enclosure‑‑Building permit
required.
15.60.040 Enclosure‑‑Inspection by building
inspector.
15.60.050 Abandoned and unused pools.
15.60.060 Protection of pool construction sites.
15.60.010 Defined. Swimming pools are defined as all artificially
constructed pools capable of containing water eighteen inches or more in depth
and designed for swimming and recreational bathing in connection with and
appurtenant to single‑family residences, available only to the family of
the householder or his private guests, and those used in connection with
multiple‑family or cooperative groups (such as apartments, motels or
subdivisions), available to such groups and their private guests, but not available
to the general public. (Ord.3561, 2016; Prior Code §30‑1).
15.60.020 Enclosure‑‑Required‑‑Specifications. All swimming pools shall be enclosed by a substantial
protective barrier not less than five feet high, which shall be adequate and
sufficient to prevent persons, children or animals from danger of harm and
shall be equipped with self‑closing, self-latching lock gates. (Ord.
3561, 2016; Prior Code §30‑2).
15.60.030 Enclosure‑‑Building
permit required. No fence or barrier shall be
constructed until a building permit for same has been issued by the building
official. (Ord. 3561, 2016; Ord. 3492,
2013; Prior Code §30‑3) .
15.60.040 Enclosure‑‑Inspection
by building inspector. The building official is empowered to
inspect swimming pools within the city to determine whether or not they are
surrounded by a sufficient barrier as defined herein. (Ord. 3561, 2016; Ord.
3492, 2013; Prior code§ 30‑4) .
15.60.050 Abandoned and unused pools. Abandoned pools and unused pools, situated on premises
not occupied for periods of thirty days or more, shall be drained or equipped
with swimming pool covers approved by the building official as adequate to prevent
accidental drowning. (Ord. 3561, 2016; Ord. 3492, 2013; Prior Code §30‑5)
.
15.60.06 Protection
of pool construction sites. Any person, corporation or association
constructing a swimming pool shall protect excavation sites in course of
construction so that no undue hazard is created by periods of rainfall or work
stoppage. (Ord. 3561, 2016; Prior Code §30‑6).
VACANT
BUILDINGS
Sections:
15.62.010 Securing vacant buildings against trespassers.
15.62.010 Securing vacant buildings against trespassers.
A. All property owners are required to maintain
vacant buildings in a secure manner so that the building does not attract
trespassers or become an attractive nuisance or public safety or health
danger.
B. For a building or structure to be
"secured" in those cases in which securing is specifically required,
a covering shall be placed over all doors, windows or other openings consisting
of not less than one‑half inch plywood attached to the framing of such
doors, windows and openings by wood screws of minimum length of one‑and‑one‑half
inches, placed not more than twelve inches on center. Such plywood shall be
painted with a minimum of two coats of exterior grade paint of a brick red
color, or other color, which is approved by the building official. (Ord. 2727
§1, 1990).
GRADING,
DRAINAGE, AND EROSION CONTROL PERMITS
(REPEALED,
ORD 3414, 2009)
Sections:
15.64.010 Repealed (Ord. 3414, 2009; Ord.
3157, 2000)
15.64.020 Repealed (Ord.
3414, 2009; Ord. 3384 §9, 2008; Ord. 3350 §9, 2007; Ord. 3323 §9, 2006; Ord.
3298, 2005; Ord. 3259 §8, 2004; Ord. 3157, 2000)
15.64.030 Repealed (Ord. 3414, 2009; Ord.
3157, 2000)
15.64.040 Repealed
(Ord.
3414, 2009; Ord. 3157, 2000)
15.64.050 Repealed
(Ord.
3414, 2009; Ord. 3157, 2000)
15.64.060 Repealed (Ord. 3414, 2009; Ord. 3157, 2000)
GRADING,
DRAINAGE, EROSION CONTROL
AND STORM
WATER POLLUTION PREVENTION PLAN (SWPPP)
(REPEALED,
ORD 3580, 2016)
Sections:
15.65.010 Repealed (Ord. 3580, 2016; Ord.
3414, 2009)
15.65.020 Repealed (Ord. 3580, 2016; Ord.
3414, 2009)
15.65.030 Repealed (Ord. 3580, 2016; Ord. 3414, 2009)
15.65.040 Repealed (Ord. 3580, 2016; Ord. 3492, 2013; Ord. 3414, 2009)
15.65.050 Repealed (Ord. 3580, 2016; Ord.
3527, 2014; Ord. 3501 §10, 2013; Ord. 3476 §10, 2012; Ord. 3462 §11, 2011; Ord.
3433, 2010 §9; Ord. 3414, 2009)
15.65.060 Repealed (Ord. 3580, 2016; Ord. 3492, 2013; Ord. 3414, 2009)
15.65.070 Repealed
(Ord.
3580, 2016; Ord. 3414, 2009)
15.65.080 Repealed (Ord.
3580, 2016; Ord. 3414, 2009)
15.65.090 Repealed (Ord. 3580; Ord.
3492, 2013; Ord. 3414, 2009)
15.65.100 Repealed (Ord. 3580, 2016; Ord. 3492, 2013; Ord. 3414, 2009)
15.65.110 Repealed
(Ord.
3580, 2016; Ord. 3492, 2013; Ord. 3414, 2009)
15.65.120 Repealed (Ord. 3580, 2016; Ord. 3492, 2013; Ord. 3414, 2009)
15.65.130 Repealed (Ord. 3580, 2016; Ord.
3414, 2009)
DEVELOPMENT IMPACT FEE PROCEDURES AND
REQUIREMENTS
15.66.040 Procedures for imposition, calculation and
collection of development impact fees
15.66.070 Annual review and adjustment
15.66.075 Impact fee schedules
15.66.130 Impact Fee Advisory Committee
Sections:
15.66.010 PURPOSE AND INTENT.
The
purpose and intent of these development impact fee procedures are:
1. To establish uniform procedures for the
imposition, calculation, collection, expenditure, and administration of
development impact fees imposed on new development;
2. To assure that new development
contributes its fair and proportionate share towards the costs of public
facilities reasonably necessitated by such new development;
3. To ensure that new development benefits
from the provision of the public facilities provided with the proceeds of
development impact fees;
4. To ensure that impact fees collected
pursuant to this Chapter are expended only on public facilities the demand for
which is generated by the new development against which the fees are assessed;
5. To ensure that impact fees assessed
pursuant to this Chapter are proportionate in amount to the degree of impact
new development has on public facilities; and To ensue
that all applicable legal standards and criteria are properly incorporated in
these procedures
(Ord. 3658, 2020; Ord. 3250, 2004)
15.66.020
DEFINITIONS.
In this
Chapter, unless otherwise indicated below, words and terms shall have the
meaning prescribed in Title 20, MMC:
(Ord. 3658, 2020; Ord. 3492, 2013; Ord. 3364,
2007; Ord. 3250, 2004)
(Ord. 3658, 2020; Ord. 3364, 2007; Ord. 3250,
2004)
A. In General.
An applicant shall be notified by the City of the applicable
development impact fee requirements, including applicable service charges, at
the time of application for a building permit on a form provided by the City
for such purposes. Preliminary development
impact fees shall be calculated by the Building Official at the time of
application for a Building permit. The
final development impact fees shall be paid by the applicant prior to the
issuance of a building permit. In lieu
of payment prior to building permit issuance, an applicant may provide a
Certificate of Deposit payable to the City, Letter of Credit issued by a
financial institution in favor of the City, or other reasonable security in an
amount equal to the development impact fee calculated to be due, in a form
satisfactory to the City Attorney and the Chief Financial Officer, and redeemed
or paid in full upon completion of the final inspection by the Building
official.
B. Calculation.
1. Upon
receipt of an application for a building permit, the Development Services staff
shall determine (a) whether it is a residential or non-residential use; (b) the
specific category of residential or non-residential development, if applicable;
and (c) additional square feet of gross floor area of the proposed use.
2. Upon
receipt of an application for a building permit, the Development Services staff
shall determine whether the development proposed involves a change in use. In such cases, the development impact fee due
shall be based only on the incremental increase in the fee for the increase in
the public facility capacity created by the proposed change in square footage.
3. After
making these determinations, the Building Official shall calculate the demand
for the public facility created by the new development for each public facility
category for which a development impact fee is being imposed, and shall
calculate the applicable development impact fee by multiplying the demand added
by the new development by the amount of the applicable development impact fee
per unit of development, incorporating any applicable offset as discussed in
subsection (5) below.
4. If the
type of land use proposed for new development is not expressly listed in the
particular development impact fee ordinance and schedule, the Building
Official, in consultation with the Zoning Officer, as necessary, shall:
i.
identify the most similar land use type listed
and calculate the development impact fee based on the development impact fee
for the land use identified;
ii.
identify the broader land use category within
which the specified land use would apply and calculate the development impact
fee based on the development impact fee for that land use category; or
iii.
as appropriate, determine the basis used to
calculate the fee pursuant to an independent impact analysis pursuant to
subsection (3) below.
5. The
calculation of development impact fees due from a multiple-use new development
shall be based upon the aggregated demand for each public facility generated by
each land use type in the new development.
6. The
calculation of development impact fees due from a phased new development shall
be based upon the demand generated by each specific land use within the phase
of development for which a separate building permit is requested.
7. Development
impact fees shall be calculated based on the development impact fee amount in
effect at the time of submittal of a complete application for a building
permit.
C. Independent Impact Analysis.
The
following provisions shall apply to any independent impact analysis:
1. The
applicant shall be responsible, at its sole expense, for preparing the
independent impact analysis, which shall be reviewed for approval by the
Director Development Services, and, as appropriate, other City staff or
officials, prior to payment of the fee.
2. The
independent impact analysis shall measure the impact that the proposed new
development will have on the particular public facility at issue, shall be
based on the same methodologies used in the methodology report, and shall be
supported by professionally acceptable data and assumptions.
3. Within
thirty (30) days of submittal of the independent impact fee analysis, the Development Services Director shall
provide written notice to the applicant as to whether the independent impact
analysis is accepted or rejected based on the provisions of this section. If the independent impact analysis is
rejected, the written notice shall provide an explanation of the
insufficiencies of the analysis.
4. The
final decision of the Development Services Director
may be appealed pursuant to Section 15.66.060 of this Chapter.
D. Development Impact Fee
Estimates.
1. Non-binding
Estimate. An applicant may request a
non-binding estimate of development impact fees due for a particular new
development at any time by filing a request on a form provided for such purpose
by the City; provided, however, that such estimate may be subject to change
when a final application for a building permit for new development is
made. Such non-binding estimate is
solely for the benefit of the prospective applicant and shall in no way bind
the City nor preclude it from making amendments or revisions to any provisions
of this Chapter or the specific development impact fee implementing ordinances.
2. Binding
Pre-Determination. An applicant may
request a pre-determination of development impact fees due for a particular new
development at any time by filing a request on a form provided for such purpose
by the City. The pre-determination shall
be binding for a period not to exceed ninety (90) days provided, however, that
no change has occurred: a) in the square footage and use of the proposed
development as presented in a final application for a building permit for the
new development; or b) in the schedule of fees as presented in adopted
ordinance and modified by annual adjustments.
Such binding pre-determination shall not preclude the City from making
amendments or revisions to any provisions of this Chapter or the specific
development impact fee implementing ordinances.
E. Offsets.
1. Offsets
against the amount of a development impact fee due from a new development shall
be provided for contributions made or to be made in the future by the affected
property owner in cash, or by dedication of land, or by actual construction of
all or part of a public facility or public facilities identified in an adopted
CIP, or land-use or facilities master plan, or impact fee methodology report
and meeting or exceeding the demand generated by the new development. The contribution must be a reasonable substitute
for the cost and level of service of public facilities included in the City
adopted or City CIP, or land-use or facilities master plan, or impact fee
methodology report, as determined by the Development Services Director, the Chief Financial Officer, and
representatives of potentially affected departments.
2. The
amount of any excess contribution shall be determined by the Development
Services Director and the Chief Financial Officer upon receipt of an
application form requesting an offset; provided, however, that (a) the City
will make no reimbursement for excess contributions unless and until the
particular development impact fee account has sufficient revenue to make the
reimbursement without overdrawing the account or jeopardizing the continuity of
the City's Capital Improvements Program; and (b) the excess contribution may
not be transferred or credited to any other types of development impact fees
calculated to be due from that development for other types of public
facilities. The determination of the
eligibility for and the amount of the
offset shall be made by the Development Services Director and the Chief Financial Officer, based on the fair
market value of the proposed dedication, construction, or contribution, as
established by appraisals and construction receipts or construction bids, as
applicable. If the applicant contends
that any aspect of the City's decision constitutes an abuse of discretion, the
applicant shall be entitled to appeal pursuant to Section 15.66.060 of this
Chapter.
3. No
offset shall be allowed unless the City has clearly documented the need for the
dedication or construction, pursuant to Montana Code Annotated Section
7-6-1602, has approved the contribution or expenditure before it is made, in
accordance with the provisions of this subsection, and has determined that any
proposed land dedication is appropriate for the proposed use by the City.
4. Offsets
for dedication of land or provision of public facilities shall be applicable
only as to development impact fees imposed for the same types of public
facilities that are proposed to be dedicated or provided. Even if the value of the dedication of land
or provision of a public facility exceeds the development impact fee due for
the type of public facility, the excess value may not be transferred to
development impact fees calculated to be due from the applicant for other types
of public facilities for which development impact fees may be imposed. Offsets for excess capacity may, however, be
transferred to the same applicant or to other applicants for new development
that creates a demand for the same type of public facility and which
development impact fees are due pursuant to this Chapter.
5. Any
offset or reimbursement shall be pursuant to a duly executed development
agreement.
6. No
offsets shall be given for the construction of local on-site facilities,
structures, improvements, or other project improvements required by zoning,
subdivision, or other city regulations unless the improvement is identified in
the Capital Improvement Program, or impact fee methodology report, or there is
a finding that the proposed improvements meet the same need as improvements
identified in the Capital Improvements Program or impact fee methodology
report.
F. Collection.
a. the
applicant is entitled to a full offset;
b.
the applicant is not otherwise subject to the
payment of a development impact fee; or the applicant has filed an appeal as
required by Section 15.66.060 and has filed a bond or other surety in the
amount of the development impact fee as calculated by the City and approved by
file City Attorney and Finance Director/Treasurer.
(Ord. 3858, 2020; Ord.
3492, 2013; Ord. 3364, 2007; Ord. 3250, 2004)
15.66.050 ESTABLISHMENT OF
DEVELOPMENT IMPACT FEE ACCOUNTS; APPROPRIATION OF DEVELOPMENT IMPACT FEE FUNDS;
AND REFUNDS
A. Development Impact Fee
Accounts.
The City shall establish a development impact
fee account for each area indicated in the Service Area Report and Impact Fee
Study for which development impact fees are imposed. Such account shall clearly identify the
service area, account, or fund for which the development impact fee has been
imposed. Sub-accounts may be established
for individual development impact fee districts. All development impact fees collected by the
City shall be deposited into the appropriate development impact fee
account. Unless otherwise prohibited by
law, all interest earned on monies deposited to such account shall be credited
to and shall be considered funds of the account. The funds of each service area shall be
capable of being accounted for separately from all other City funds. The City shall establish and implement
necessary accounting controls to ensure that the development impact fee funds
are properly deposited, accounted for, and appropriated in accordance with this
Chapter and any other applicable legal requirements.
B. Appropriation of
Development Impact Fee Funds.
1. Use of
Funds. All appropriations from
development impact fee accounts shall be detailed on a form provided for such
purpose and filed in the City Finance Department. Development impact fee funds may be used only
for:
i. expenditures
on public facilities;
ii. the
payment of principal, interest, and other financing costs on contracts bonds,
notes, or other obligations issued by or on behalf of the City to finance
public facilities;
iii. financing
of offsets as set forth in Section 15.66.040 (5); or
iv. financing
the costs of updating this chapter.
2. Restrictions
on Use. Development impact fees
appropriations shall be reasonably related to the benefits accruing to new
development subject to the provisions of this Chapter and shall not be
appropriated for repair or maintenance of public facilities, for operational or
personnel expenses associated with the provision of public facilities, to
correct an existing deficiency, or for any facility that provides capacity for
development other than new development.
Additionally, development impact fees shall be appropriated only:
i. for the
particular public facility for which they were imposed, calculated, and
collected; and
ii. within
six (6) years of the beginning of the City's fiscal year immediately succeeding
the date of collection, unless such time period is extended as provided herein.
3. Appropriation
of Development Impact Fee Funds beyond Six (6) Years of Collection.
Notwithstanding the provisions of subsection (2)(b) above, development impact
fee funds may be appropriated beyond six (6) years from the beginning of the
City's fiscal year immediately succeeding the date of collection, if the
appropriation is for a public facility that requires more than six (6) years to
plan, design, finance and construct.
Funds held over must be specifically identified and described in the
impact fee annual financial report. The
City shall document compliance with the provisions of this paragraph.
C. Procedure for
Appropriation of Development Impact Fee Funds.
1. Each
year the City shall identify public facility projects anticipated to be funded
in whole or in part with development impact fees. Public facility expenditures shall be based
upon the development impact fee annual review set forth in Section 15.66.070 of
this Chapter, the methodology report, the City Capital Improvement Program and
such other information as may be relevant, and shall be part of the City's
annual budget and capital improvements programming process.
2. The
recommendations shall be consistent with the provisions of this Chapter, the
methodology report, particular public facility development impact fee
ordinances other applicable legal requirements, and any guidelines adopted by
the City Council.
3. The City
Council may include public facilities funded with development impact fees in
the City’s annual budget and capital improvements program. If included, the description of the public
facility shall specify the nature of the public facility, the location of the
public facility, the capacity to be added by the public facility, the service
area of the public facility, the need/demand for the public facility and the
anticipated timing of completion of the public facility.
4. The City
Council may authorize public facilities funded by development impact fees at
such other times, as they deem necessary and appropriate by a majority vote of
the City Council.
5. The City
Council shall verify that adequate development impact fee funds are or will be
available from the appropriate development impact fee account for the
particular public facility.
6. Development
impact fee funds shall be spent on a first in/first out basis.
D. Refunds.
Eligibility.
1. Expiration
or Revocation of Building Permit. An
applicant who has paid a development impact fee for a new development for which
the necessary building permit has expired or for which the building permit has
been revoked prior to construction may apply for a refund of development impact
fees paid. Refunds made pursuant to this
subparagraph shall be made payable to the owner of the property upon which the
development was to occur. The refund
application shall be made on a form provided by the City for such purposes.
2. Failure
of City to Appropriate Development Impact Fee Funds within Time Limit. The current property owner may apply for a
refund of development impact fees paid by an applicant if the City has failed
to appropriate the development impact fees collected from the applicant within
the time limit established in subsection (2) above. Refunds made pursuant to this subparagraph
shall be to the current property owner.
The refund application shall be made on a form provided by the City for
such purposes.
3. Administrative
Fee. Except when a refund is
warranted due to timeliness (see paragraph vi below), a five percent (5%)
administrative fee, not to exceed two-hundred dollars ($200), shall be deducted
from the amount of any refund granted and shall be retained by the City in the
appropriate development impact fee account to defray the administrative
expenses associated with the processing of a refund application.
4. Processing
of Applications for a Refund. Applications for a refund shall be made on a
form provided by the City for such purposes.
Upon receipt of a complete application for a refund, the Development
Services Director shall review the
application and documentary evidence submitted by the applicant as well as such
other information and evidence as may be deemed relevant, and make a
determination as to whether a refund is due.
Refunds by direct payment shall be made following an affirmative
determination by the Development Services Director.
5. Due to
Expiration or Revocation.
Applications for refunds due to expiration or revocation of a building
permit shall be made on a form provided by the City for such purposes and shall
be made within sixty (60) days following expiration or revocation of the
building permit. The applicant shall
submit: (a) evidence that the person applying for the refund was the initial
applicant who paid the fee, or the duly designated agent of the initial
applicant; (b) the amount of the development impact fees paid by public
facility category and receipts evidencing such payments; and (c) documentation
evidencing the expiration or revocation of the building permit. Failure to apply for a refund within sixty
(60) days following expiration or revocation of the building permit shall
constitute a waiver of entitlement to a refund.
No interest shall be paid by the City in calculating the amount of the
refunds.
6. Due to
Timeliness. Applications for refunds due
to the failure of the City to appropriate development impact fees collected
from the applicant within the time limits established in subsection (2)(a)
above shall be made on forms provided by the Finance Office and shall be made
within one (1) year following the expiration of such time limit. The applicant shall submit: (a) evidence that
the applicant is the property owner or the duly designated agent of the property
owner; (b) the amount of the development impact fees paid by public facility
category and receipts evidencing such payments; and (c) description and
documentation of the City's failure to appropriate development impact fee funds
for relevant public facilities. Interest
shall be paid by the City in calculating the amount of the refunds based upon
actual interest earned, and the Administrative Fee for processing refunds shall
be waived.
(Ord. 3658, 2020; Ord. 3492, 2013; Ord. 3364,
2007; Ord. 3250, 2004)
Section
15.66.060 APPEALS.
A. Initiation.
1) An
appeal from any decision of a City officer pursuant to this Chapter shall be
made within fifteen (15) working days of notice of the decision being sent by
certified mail, to the Chief Financial Officer who shall refer it immediately
to an Appeals Committee consisting of the Chief Administrative Officer, Chief
Financial Officer, Development Services Director, and City Attorney. When filing an appeal, the fee payer shall
submit a letter providing a full explanation of the request, the reason for the
appeal, as well as all supporting documentation and an administrative fee of
five percent (5%) of the impact fee, not to exceed two-hundred dollars
($200). In the event the appeal is
successful, the City Council may refund all or a portion of the administrative
fee to the payer.
2) Upon review and consideration of information
presented by the appellant, the Appeals Committee shall formulate a recommended
action and forward it for consideration to the City Council pursuant to Title
20 of the, Missoula Municipal Code. Such
appeal shall be based on the record and on other such written argument which
appellant has filed with the appeal and the staff response to such argument.
3) The filing of an appeal shall not stay the
imposition or the collection of the development impact fee as calculated by the
City unless a Certificate of Deposit payable to the City, Letter of Credit
issued by a financial institution in favor of the City, or other sufficient
surety has been provided.
4) If the notice of appeal is accompanied by a
cash bond or letter of credit in a form satisfactory to the City Attorney and
the Chief Financial Officer in an amount equal to the development impact fee
calculated to be due, a building permit may be issued to the new development.
B. Contents.
The
notice of appeal shall detail the specific grounds therefore and all other
relevant information and shall be filed with the Finance Office on a form provided by the City for such
purposes.
(Ord. 3658, 2020; Ord.
3492, 2013; Ord. 3250, 2004)
15.66.070
ANNUAL REVIEW AND
ADJUSTMENT.
1. Annual Review.
a. Not later than March 1st of each year,
beginning March 1, 2005, and prior to City Council adoption of the Annual
Budget and Capital Improvements Program, the Chief Financial Officer shall
coordinate the preparation and submission of an Annual Report to the Mayor and
City Council on the subject of development impact fees. The Annual Report shall recap results of the
most recently completed fiscal year, and disclose any annual adjustments made
appropriate by the Engineering News Record Construction Cost Index.
b. In addition to the requirements of
Montana Code Annotated Section 7-6-1602(1), the Annual Report may include any
or all of the following:
i. recommendations for amendments if
appropriate, to these procedures or to specific ordinances adopting development
impact fees for particular public facilities;
ii. proposed changes to any applicable
ordinance or policy, including the identification of additional public facility
projects anticipated to be funded wholly or partially with development impact
fees;
iii. creation of development impact fee
districts, as necessary;
iv. proposed changes to development impact
fee schedules as set forth in the ordinances imposing and setting development
impact fees for particular public facilities;
v. proposed changes to level of service
standards for particular public facilities;
vi. proposed changes to any development
impact fee calculation methodology;
vii. proposed changes to the population,
housing, land use, persons per household or non-residential development
projections included in the methodology report and upon which the development
impact fee amounts have been determined; or
viii.
other
data, analyses, or recommendations as the Chief Financial Officer or
appropriate designee may deem appropriate, or as may be requested by the Mayor
and City Council.
c. The Annual Report may additionally
include any or all of the following background data:
i. number of building permits issued by
type of residential or non-residential development;
ii. gross floor area of new development by
type;
iii. total amount of development impact fees
collected, by public facility and by land use type;
iv. the amount of expenditure made from the
development impact fee account or sub-accounts and the purpose for which the
expenditure was made, i.e., the description, type and location of the public
facility project;
v. when the public facility project was or
will be initiated and completed;
vi. whether additional development impact
fee funds will be appropriated for the same project in the future;
vii. whether supplemental non-development
impact fee funds have been used for file project and, if so, how much;
viii.
the
service area of the public facility project;
ix. the total estimated cost of the project
and the portion funded with development impact fees;
x. whether the public facility project is
in the City’s current Annual Budget or Capital Improvements Program;
xi. the estimated useful life of the
project; or
xii. such other facts as may be deemed
relevant by the Mayor or City Council.
d. Submission of Development Impact Fee
Annual Report and City Council Action.
The Chief Financial Officer shall submit the annual report to the Mayor
and City Council, which shall receive the annual report and which may take such
actions as deemed appropriate, including, but not limited to, requesting
additional data or analyses and holding public workshops and/or public
hearings.
e. Except for the annual adjustment
identified in Section 15.66.070 (2), no increase in development impact fees
will be enacted before:
i. completion and City Council approval of
a new methodology report that ties any impact fees to the City Capital
Improvement Program; and
ii. a public hearing.
2. Annual Adjustments.
a. On March 1, 2005, and on March 1st of
each year thereafter in which this Chapter is in effect, the amount of any
development impact fee shall be adjusted to account for inflationary changes in
the cost of providing public facilities utilizing the most recent twenty (20)
city annual national average data from the Engineering News Record Construction
Cost Index.
b. The Chief Financial Officer shall make
the annual adjustment unless the City Council, in its Annual Review, determines
an alternate adjustment.
c. Nothing herein shall prevent the City
Council from electing to retain existing development impact fees or from
electing to waive the inflation adjustment for any given fiscal year.
(Ord.
3658, 2020; Ord. 3364, 2007; Ord. 3250, 2004)
15.66.075 IMPACT FEE SCHEDULES
The City Council shall establish and amend impact fees by
resolution after conducting a public hearing.
(Ord. 3658, 2020)
15.66.080 REPEALED
(Ord. 3658, 2020; Ord. 3250, 2004)
15.66.090 REPEALED
(Ord. 3658, 2020; Ord. 3364, 2007; Ord.
3250, 2004)
(Ord.
3658, 2020; Ord. 3364, 2007; Ord. 3250, 2004)
(Ord. 3658, 2020; Ord. 3250, 2004)
(Ord. 3658, 2020; Ord. 3426, 2010; Ord. 3364,
2007)
15.66.130 IMPACT FEE ADVISORY COMMITTEE
(Ord. 3658, 2020; Ord. 3364, 2007)
Hillview Way Special Improvement District No. 549 Impact
Fee
15.68.010
Purpose and Intent
15.68.020
Definitions
15.68.030
Impact Fee
Section 1
The
purpose and intent of this impact fee is to ensure that new development within
Hillview Way Special Improvement District No. 549 contributes its fair and
proportionate share towards the costs of improvements made within such district
which have not been assessed against the property within such district but has
been initially paid by the City from the City’s Road District No. 1 Fund. (Ord.
3544, 2015)
Section 2
In
this Chapter, words and terms shall have the meaning described below:
A.
Applicant: any property owner or agent authorized by the
property owner, who files an application with the City for a building permit to
undertake new development within the District.
B.
City:
City of Missoula, Montana.
C.
District: Hillview Way Special Improvement District No.
549, created by Resolution No. 7936, adopted by the City Council on February 9,
2015.
D.
Impact
Fee: an impact fee imposed on new
residential development within the District boundaries to reimburse the City
for the proportionate share of the costs of acquiring, constructing and
financing the costs of reconstructing Hillview Way between 39th Street/SW
Higgins Avenue and 55th Street, including curb, gutter, sidewalks, street paving,
and related improvements, as more particularly described in Section 5 of
Resolution No. 7911.
E.
Methodology: The impact fee is calculated to compensate
the City for the cost of providing public infrastructure improvements within
the area included in Hillview Way Special Improvement District No. 549. It is calculated based on the City’s estimate
of such cost allocable to each existing dwelling unit or multifamily dwelling
unit. Such cost includes the estimated amounts contributed by the City’s Road
District #1 for the construction of said improvements.
F.
Residential: any building, structure, use or development
designed, intended or used as a dwelling unit.
(Ord. 3544, 2015)
Section 3
Until
the end of the calendar year 2066, prior to issuance of a building permit for a
new Residential unit within the District boundaries, an Impact Fee shall be
collected from an Applicant in the amount of $3300 per single dwelling unit and
$2300 per new multi-dwelling unit or new accessory dwelling unit other than a
structure that replaces or modifies a current structure. The Impact Fee shall be deposited in the Road
District #1 Fund. No Impact Fee shall be imposed on dwelling units located on
property that is the subject of a duly executed and lawful special improvement
agreement entered into by an Applicant and the City prior to the effective date
of this Chapter. (Ord. 3544, 2015)
SXWTPQYEN AREA TRANSPORTATION SPECIAL IMPACT FEE