The Mandan City Commission wasn't quite sold on fire chief Steve Nardello's request to adopt the 2006 version of the International Fire Code, concerned over the impact it will have on existing businesses.

No action was taken on the matter, with the commission tabling the discussion.

Nardello told commissioners that there were several substantial changes to the code, which is updated every three years. The city currently subscribes to the 2000 code. The fire department is planning implementing the new code on Jan. 1.

"There are approximately 25 key changes," Nardello said. "Perhaps the biggest change is in chapter nine, which changes the requirements from a building occupancy of 300 or more to 100 or more to have a fire sprinkler system."

This will have particular impact on A2 user groups, which include assemblies for consumption of food or drinks, such as banquet halls, nightclubs, restaurants, taverns and bars, Nardello said. While existing businesses will be grandfathered in, change of occupancy, ownership or use of the buildings will have to comply with the ordinance.

This brought concerns from commissioners Tim Helbling, Dan Ulmer and Mayor Ken LaMont.

Helbling said that there are Mandan bars that could use a facelift, but if they're forced to spend $50,000 for a sprinkler system, most will remain the way they are in appearance.

The code can be amended by the city commission, according to Nardello. Commissioner Sandra Tibke questioned whether changes made by the city would increase its liability. City attorney Malcolm Brown said that it might, unless the commission has a logical and justified reason.

The fire chief said that there are two buildings that are not in compliance with the 2000 code. The American Legion and Jokers have occupancy rates of more than 300 and are also over 5,000 square feet in size, which requires having a sprinkler system. Nardello said there may be other establishments not meeting the 2000 codes.

"I'm not going to be the one that gets in the way of safety," LaMont said. "But we just want to know what's realistic. A hundred is an awfully small number."

"Aren't we saying that by adopting this, that most facilities over 100 are not compliant?" Ulmer asked.

Nardello again said that all businesses that are not compliant would be grandfathered in, unless it was determined existing conditions were life-threatening. They would remain grandfathered in until a change in use, occupancy or ownership were made. He also said that the American Legion and Jokers both required people to go up or down steps to go in and out, which also requires sprinklers to be used.

Mandan assessor Richard Barta said the city will be looking at updating its building codes for inspections by the first of the year. He said that the city can modify the building codes, but he was unsure if the fire codes could be.

Other updated requirements included a section specific to overcrowding, which provides that an event can be shut down until it is in compliance. Vacant premises will be required to have a placard indicating such. Elevator keys will be required to be kept on the premises where the elevator is located. Also, the intent of the code has been changed to include the safety of the firefighters as well as that of the public.

The commission asked Nardello to further research the subject, to find out how other communities are handling code and what the city's liability will be should they amend portions.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@;bismarcktribune.com.)