Adopted: There is hereby adopted, by reference, the "International Fire Code" 2021 edition (IFC) and the appendices, excepting therefrom the second exception of Section 308.1.4, Open-flame cooking devices, and all of Section 319, and the additions, amendments, and deletions enumerated in this section.
A. 
Subsection 903.2.8 Group R, is deleted in its entirety and replaced with the following:
1. 
An approved automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all Group R buildings meeting any of the following criteria:
a. 
Nine or more transient guests or five or more transient guestrooms in R-1 or R-2 occupancies;
b. 
Nine or more occupants in other than dwelling units;
c. 
Five or more dwelling units; or
d. 
More than two stories.
2. 
In lieu of the above required automatic sprinkler system in buildings not more than three stories above the lowest level of exit discharge, each transient guestroom may be provided with at least one door leading directly to an exterior exit access that leads directly to approved exits.
3. 
"Transient guest" for the purpose of this subsection shall mean an occupant who is primarily transient in nature, staying at one location for 30 days or less.
4. 
The requirements for automatic sprinkler systems for R-4 occupancies are found in ARM 24.301.146.
B. 
Subsection 1017.1 Construction, is amended by addition of the following:
1. 
Upgrading of corridors in existing E occupancies serving an occupant load of 30 or more, may have walls and ceilings of not less than one-hour fire resistive construction as required by the International Building Code. Existing walls surfaced with wood lathe and plaster in good condition or 1/2-inch gypsum wallboard or openings with fixed wired glass set in steel frames are permitted for corridor walls and ceilings and occupancy separations when approved. Doors opening into such corridors shall be protected by 20 minute fire assemblies or solid wood doors not less than 1 3/4 inches (45 mm) thick. Where the existing frame will not accommodate the 1 3/4 inch-thick door, a 1 3/8 inch-thick solid bonded wood-core door or equivalent insulated steel door shall be permitted. Doors shall be self-closing or automatic-closing by smoke detection. Transoms and openings other than doors from corridors to rooms shall comply with the International Building Code or shall be covered with a minimum of 3/4 inch plywood or 1/2 inch gypsum wallboard or equivalent material on the room side. Exception: Existing corridor walls, ceiling and opening protection not in compliance with the above may be continued when such buildings are protected with an approved automatic sprinkler system throughout. Such sprinkler system may be supplied from the domestic water system if it is of adequate volume and pressure.
C. 
The following appendixes are adopted as part of this Code:
1. 
Appendix B Fire-Flow Requirements for Buildings.
2. 
Appendix C Fire Hydrant Locations and Distribution.
3. 
Appendix D Fire Apparatus Access Roads.
4. 
Appendix I Fire Protection Systems-Noncompliant Conditions.
(Ord. 1522, 1-3-2005; Ord. 1617, 8-6-2007; Ord. 1753, 3-2-2015; Ord. 1856, 4-5-2021; Ord. 1890, 8-1-2022)
The Fire Code Official shall have the power to modify any of the provisions of the Fire Prevention Code adopted by Section 10-1 of this chapter, upon application in writing by the owner or lessee, or his/her duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code; provided, that the spirit of the Code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Fire Code Official thereon shall be entered upon the records of the department and a signed copy shall be furnished to the applicant.
(Ord. 1522, 1-3-2005; Ord. 1617, 8-6-2007; Ord. 1753, 3-2-2015; Ord. 1856, 4-5-2021; Ord. 1890, 8-1-2022)
Whenever the Fire Code Official shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Code Official to the City Council within 30 days from the date of the decision appealed.
(Ord. 1522, 1-3-2005; Ord. 1617, 8-6-2007; Ord. 1753, 3-2-2015; Ord. 1856, 4-5-2021; Ord. 1890, 8-1-2022)
A. 
Investigation; Notice to Comply: It shall be the duty of the Fire Code Official to investigate complaints of violations of the Fire Prevention Code received by him or her from any source. Upon his or her determination that such Code is not being complied with by any person, he or she shall furnish such person with written notice thereof and require compliance therewith within 60 days of such notice.
B. 
Penalty: Willful refusal, neglect or failure to comply with the terms, conditions and requirements of such Code after receipt of written notice as hereinabove provided and the expiration of 60 days shall be an offense as provided for in Section 1-9 of this Code. Each day of such noncompliance shall be a separate offense.
(Ord. 1522, 1-3-2005; Ord. 1617, 8-6-2007; Ord. 1753, 3-2-2015; Ord. 1856, 4-5-2021; Ord. 1890, 8-1-2022)
It is unlawful for any person to knowingly, purposely, willfully or negligently violate any lawful order issued pursuant to said Codes; such a violation is an offense against the City punishable as provided in Section 1-9 of this Code.
(Ord. 1522, 1-3-2005; Ord. 1617, 8-6-2007; Ord. 1753, 3-2-2015; Ord. 1856, 4-5-2021; Ord. 1890, 8-1-2022)
It shall be unlawful for any person to willfully, negligently or carelessly cause or permit any gasoline or other flammable or combustible liquid or substance to become spilled or wasted upon the ground or other surface in such a manner or under such circumstances as to create a fire or explosion hazard or endanger any persons or property.
(Ord. 1522, 1-3-2005; Ord. 1617, 8-6-2007; Ord. 1753, 3-2-2015; Ord. 1856, 4-5-2021; Ord. 1890, 8-1-2022)
A. 
Created: A Division of Fire Prevention in the City is hereby established which shall be operated under the supervision of the Chief of the Fire Department.
B. 
Chief Designated: The Chief of the Fire Department may designate an officer or member of the Fire Department or other qualified individual as Chief of the Division of Fire Prevention, who shall hold this office at the pleasure of the Chief of the Fire Department.
C. 
Inspectors: The Chief of the Fire Department may designate such other members of the Fire Department or qualified individuals as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Manager the employment of certified technical inspectors, who are certified through a national testing organization such as NFPA or ICC. Appointments shall be for an indefinite term with removal only for cause.
(Ord. 1522, 1-3-2005; Ord. 1617, 8-6-2007; Ord. 1753, 3-2-2015; Ord. 1856, 4-5-2021; Ord. 1890, 8-1-2022)
A. 
Paper Products; Incinerator Required: It shall be unlawful to burn papers, paper goods, cardboard or other combustible matter anywhere in the City except in an incinerator which shall be so constructed and used as to prevent the spread of fire by an arresting screen or similar device which prevents the escape of igniting particles or burning matter therefrom.
B. 
Rubbish, Garbage Prohibited: It shall be unlawful to burn rubbish or garbage of any kind other than paper, paper goods, cardboard or other combustible matter anywhere in the City.
(Ord. 1522, 1-3-2005; Ord. 1617, 8-6-2007; Ord. 1753, 3-2-2015; Ord. 1856, 4-5-2021; Ord. 1890, 8-1-2022)
It shall be the duty of the owner, his or her representative or contract purchaser, or the occupant of real property within the City to remove all dry grass, readily combustible rubbish or debris from said property so that such material shall not constitute a fire hazard. After July 1 of each year all weeds and grasses over eight inches in height constitute a fire hazard for the purposes of this section.
(Ord. 1581, 8-7-2005; Ord. 1617, 8-6-2007; Ord. 1753, 3-2-2015; Ord. 1856, 4-5-2021; Ord. 1890, 8-1-2022)
If the owner, his or her representative or contract purchaser, or the occupant of any real property in the City shall, within 10 days after having been given written notice to do so by the City Fire Chief, fail or refuse to remove therefrom all dry grasses, or readily combustible rubbish or debris, or after July 1, remove any grasses or weeds over eight inches in height, the City Manager is hereby authorized to remove such material, weeds or grasses and charge such person with the cost of such removal and a reasonable administrative charge.
(Ord. 1581, 8-7-2005; Ord. 1617, 8-6-2007; Ord. 1666, 7-20-2009; Ord. 1753, 3-2-2015; Ord. 1856, 4-5-2021; Ord. 1890, 8-1-2022)
It shall be unlawful for any person to possess for sale, sell or offer for sale, at retail, or use within the City, any fireworks.
(Ord. 1522, 1-3-2005; Ord. 1617, 8-6-2007; Ord. 1753, 3-2-2015; Ord. 1856, 4-5-2021; Ord. 1890, 8-1-2022)
The term "fireworks" shall mean and include any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation and shall include sky rockets, Roman candles, dago bombs, blank cartridges, toy cannons, toy canes, toy guns in which explosives other than toy caps are used, the type of balloons which require fire underneath to propel the same, fire crackers, torpedoes, or other fireworks of like construction and any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance. Nothing in this section shall be construed as applying to toy paper caps containing no more than twenty-five hundredths of a grain of explosive composition per cap, to sparklers and to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to the military forces of the United States or this State, or to peace officers, nor as prohibiting the sale and use of blank cartridges for ceremonial or theatrical or athletic events.
(Ord. 1522, 1-3-2005; Ord. 1617, 8-6-2007; Ord. 1753, 3-2-2015; Ord. 1856, 4-5-2021; Ord. 1890, 8-1-2022)
Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress, inadequate light and ventilation, or that constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed, or made safe, as the Fire Code Official deems necessary and as provided for in the most recent Fire Code adopted by the City of Kalispell. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.
(Ord. 1932, 2/3/2025)
The structure or equipment determined to be unsafe by the Fire Code Official is permitted to be restored to a safe condition. The owner, the owner's authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the Fire Code Official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition, or other approved corrective action. Failure to abate such unsafe condition within 10 days after having been given written notice to do so by the City Fire Chief shall be an offense as provided for in Section 1-12 of this Code.
(Ord. 1932, 2/3/2025)