§ 5-26. Adoption; amendments.

(a)

Adoption. The city council hereby adopts the International Building Code, 2000 Edition, as amended by Administrative Rules of Montana (hereinafter "ARM"): ARM 24.301.146, (1—49) and ARM 24.301.151 together with the following: Appendix Chapter C (Group U - Agricultural Buildings); and Appendix Chapter J (Supplementary Accessibility Requirements for Qualified Historic Buildings and Facilities).

The city council hereby adopts Administrative Rules of Montana 24.301.901 through 24.301.905.

Not less than three copies of the International Building Code, Appendix Chapters 2000 Edition, and ARM'S are filed in the office of the city clerk and the same are hereby adopted and incorporated as fully as if set out at length herein and the provisions thereof shall take effect and be controlling within the city limits, and within one mile from the city limits, as delineated in the zoning district map adopted by Miles City Ordinance No. 839 and amendments, upon the effective date of said ordinance.

Section 107 of Chapter 1 of the Uniform Building Code, 1994 edition, as adopted by Miles City Ordinance No. 1077, regarding building permit fees, is unaffected by this section and remains in full force and effect.

These codes are applicable to all buildings within the building code enforcement area of the city, including but not limited to, residential buildings containing less than five dwelling units or their attached-to structures, any farm or ranch building, and any private garage or private storage structure used only for the owner's own use as provided by section 50-60-102(1)(a), M.C.A.

(b)

Amendments. The city council hereby amends the International Building Code, 2000 Edition, as follows:

Sec. 112 is amended as follows:

In order to hear and decide appeals of orders, decisions or determinations of building related codes adopted by the City Council of the City of Miles City, there shall be and hereby is created a Board of Appeals consisting of the City Council of the City of Miles City.

All Code questions will be submitted to the Department of Labor and Industry, Building Codes Division for an interpretation. The Division's interpretation will then be used as the basis for the Board's decision.

The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with duplicates to the Building officials and the Building Code Division.

The Board of appeals shall have no authority relative to interpretation of the administrative provisions of the building related codes adopted by the City of Miles City nor shall the board be empowered to waive requirements of these Codes.

Section 112.1 of said code shall be deleted and new Section 112.1 shall added as follows:

Sec. 112.1 GENERAL

Anyone wishing to appeal a decision made by the City of Miles City Building Inspector regarding building code issues, shall follow the procedure outlined below:

1.

Property owner shall make his or her appeal of the decision to the building inspector, who will then forward the appeal to the State of Montana Building Codes Division, Department of Labor and Industry, prior to the Board of Appeals review.

2.

The present Board of Adjustments for the City of Miles City shall also serve as the Board of Appeals for the purpose of rendering decisions concerning building code issues.

3.

The Department of Labor and Industry, Building Codes Division, will render an interpretation of the building inspector's decision as it pertains to the building code. The building inspector will submit the appeal and the interpretation provided by the Building Codes Division to the Board of Appeals. The interpretation will then be used as the basis for the board's decision.

4.

The property owner or an authorized representative may be present at the Board of Appeals meeting to provide any additional information as needed.

5.

The board shall make its decision and render all decisions and findings in writing to the appellant with duplicates to the building inspector and the State of Montana Building Codes Division.

(Code 1981, § 15.02.010; Ord. No. 860, § 1, 11-13-79; Ord. No. 865, § 1, 1-8-80; Ord. No. 956, § 1, 1-27-87; Ord. No. 975, § 1, 11-10-87; Ord. No. 1000, § 1, 2-13-90; Ord. No. 1035, § 1, 9-8-92; Ord. No. 1062, § 1, 1-10-95; Ord. No. 1077, § 1, 9-24-96; Ord. No. 1100, §§ 1—5, 12-8-98; Ord. No. 1112, § 1, 1-25-00; Ord. No. 1115, § 1, 4-11-00; Adm. Rule #1, § 1, 9-12-02; Adm. Rule #2, 1-3-03)