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A. Adoption By Reference Of The International Fire Code:
1. The current edition of the International Fire Code together with any supplements, 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 with 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.
2. One (1) copy of the current edition of the Code shall be kept on file in the Office of the Clerk of the City of Whitefish, 418 East 2nd Street, Whitefish, Montana, and one (1) copy shall be kept on file in the Office of the Whitefish Fire Department, 275 Flathead Avenue, Whitefish, Montana.
3. Any amendments adopted by the Fire Prevention and Investigation Bureau 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 City Manager, unless a different effective date is specified in the administrative order.
4. A copy of the amendment notification and the corresponding new edition will be kept in the Office of the Whitefish Clerk and the Whitefish Fire Department.
5. The International Fire Code, Administrative Rules of Montana, as adopted above, are applicable within the City limits of Whitefish. (Ord. 15-03, 2-17-2015)
B. Enforcement: The Fire Code adopted shall be enforced by the Chief of the Fire Department.
C. Definition: Whenever the word "Municipality" is used in the Fire Code, it shall mean this City.
D. Limits For Storage Of Flammable Liquids, Liquefied Petroleum Gases, Explosives And Blasting Agents: The limits referred to in the Fire Code in which storage of flammable liquids in outside aboveground tanks is prohibited, in which bulk storage of liquefied petroleum gas is restricted and in which storage of explosives and blasting agents is prohibited are established as follows:
The point of beginning being the center of Kalispell Avenue at the junction with the north boundary of Railway Street; then extending south along the center line of Kalispell Avenue to the junction with the center line of Fourth Street to the junction with the center line of Baker Avenue; thence north along the center line of Baker Avenue to the junction with the center line of Third Street; thence west along the center line of Third Street to the junction with the center line of Lupfer Avenue; thence north along the center line of Lupfer Avenue to the north side of Railway Street; thence east along the north side of Railway Street to the point of beginning.
E. Permits: All permits issued under the provisions of this section shall expire on December 31 of each and every year and shall be renewed annually thereafter. All applications for permits or renewals shall be filed on or before January 31 of each and every year or at least ten (10) days before the permit would be required under the provisions of this section.
F. Modifications: The Chief of the Fire Department shall have power to modify any of the provisions of the Fire Code adopted upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code; provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the fire chief thereof, shall be entered upon the records of the fire department and a signed copy shall be furnished the applicant.
G. Appeals: Whenever the fire chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire chief to the city council within thirty (30) days from the date of the decision. (Ord. A-144, 11-15-1965)
H. Penalties: Any person who violates any of the provisions of the fire code adopted in this section or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, punishable as set forth in section 1-4-1 of this code, and shall also be deemed to have committed a municipal infraction, the penalty for which is set forth in section 1-4-4 of this code. For each separate incident, the city shall elect to treat the violation as a misdemeanor or a municipal infraction, but not both. If a violation is repeated, the city may treat the initial violation as a misdemeanor and the repeat violation as a municipal infraction, or vice versa. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. 09-20, 10-19-2009)