A public hearing and first reading were held at the City Council meeting of May 10, 2010. A second and final reading was scheduled for May 24, 2010. During this meeting, City Council voted to postpone action on this issue pending further discussion during a work session. On June 21, 2010, the adoption of the fire code was discussed during the work session. Staff presented information and questions were answered concerning this issue.

The City of Billings uses the 2006 edition of the International Fire Code (IFC). The International Code Council (ICC) publishes the IFC in three year cycles. During the code cycle, the code is brought up-to-date through the review of proposed changes submitted by code officials, industry representatives, design professionals, and other interested parties. Proposed changes are carefully considered through an open code development process in which all interested and affected parties may participate. The 2009 IFC accounts for changes in technology, construction methods, current fire and life safety practices, as well as other adopted codes published by the ICC.

There are two model fire codes in the United States from which to choose; the National Fire Protection Association/Uniform Fire Code (NFPA1/UFC) and the International Fire Code (IFC). Pros and cons to the adoption of either code have been analyzed and are presented as follows:

Alternative 1, Adoption of IFC

Pros:
• The IFC is a ‘companion code’ and, therefore, directly and seamlessly correlates to the other currently adopted International Codes.
• Of the nine (9) Codes which govern construction statewide, seven (7) are International Codes. Adoption of the 2009 edition of the IFC will provide seamless correlation between a family of codes.
• Private industry, including architects and engineers, support the adoption of the IFC.
• The Fire Prevention Bureau staff has already attended training on the 2009 edition of the IFC and is prepared to implement it immediately.
• The State Fire Marshal's Office has already adopted the 2009 edition of the IFC. Other jurisdictions are in the process of doing so at this time.

Cons:
• Adoption of 2009 edition of the IFC will create non-conformity between Billings and other fire jurisdictions within the state which still use the NFPA1/UFC. However, the State Fire Marshal’s Office has already adopted the IFC and other jurisdictions are currently in the process of doing the same. This should be a non-issue within a year.

Alternative 2, Adoption of NFPA1/UFC

Pros:
• At this time, some fire jurisdictions are still utilizing the NFPA1/UFC. For a short time, there will be some inconsistency concerning the adopted fire code throughout the state. However, most jurisdictions have already adopted or are planning to adopt the 2009 edition of the IFC.

Cons:
• NFPA1/UFC is not a ‘companion code’ to the International Codes which control most of the construction in this state. This has proved to cause difficulties and increased workload for City agencies and private industry.

The financial impact of adopting the 2009 edition of the IFC will be primarily in the cost of developing and printing new inspection forms and purchasing code materials. The cost is estimated at $3,500.00.

Over the years, the City of Billings has adopted many fire codes. Typically, the adopted fire code is a companion code to the building code. In 2005, the City adopted NFPA1/UFC. This fire code was not a companion code with the building code. The building code typically controls new construction in Montana. NFPA1/UFC did not mesh well with the building code and caused Fire Prevention Bureau staff as well as private industry much grief while working in both documents. Inconsistencies between the two codes included different terminology, different and missing occupancy classifications, references to specific sections that did not exist, as well as many other problems.

In 2007, the City adopted the 2006 edition of the IFC. This code is a companion code to the building code, residential code, mechanical code, as well as other International Codes that are adopted at the state and local levels for new construction. Adopting the IFC proved to be beneficial to everyone involved in new construction, as well as code enforcement in existing buildings. Fire Prevention Bureau staff saw an immediate increase in productivity due to the seamless compatibility with the building code. Adopting the 2009 edition of the IFC will continue the successful progression of fire code enforcement within the City of Billings. The State Fire Marshal's Office has already adopted this code and many other local jurisdictions have or are in the process of adopting the 2009 edition of the IFC.

The stakeholders associated with the adoption of the 2009 edition of the IFC include: the Billings Fire Department, Building Department, property and business owners, design professionals including contractors and fire protection system installers. Government and private industry will both benefit from the adoption of the IFC. In the near future, the entire state will have adopted the 2009 edition of the IFC and everyone will benefit by working with a fire code that is compatible with other currently adopted construction codes.

The State Department of Labor and Industry, Building Codes Division is in the process of adopting the 2009 edition of the International Building Code (IBC). When the State adopts this code, local building departments will be required to adopt it as well. The 2009 edition of the IBC is slated for adoption in July of 2010. Adoption of the 2009 edition of the IFC will insure consistency with adopted policies and plans.