Mandan has adopted the 2006 International Fire Code, despite city commission concerns it will place an undo hardship on several businesses that are out of compliance.

Fire Chief Steve Nardello brought the request to update to the latest version of the International Fire Code before the city commission earlier this fall, and at Tuesday's commission meeting, it received hesitant approval from commissioners. The city currently operates under the 2000 version of the code, with the new version going into effect on Jan. 1, 2007.

Nardello told commissioners he had researched their questions and provided them with information materials. He added that the cities of Fargo, Bismarck, Grand Forks and Jamestown anticipate adopting the new code in its entirety, while Minot and Dickinson are expected to remain with the 2003 version of the code for one more year.

"I request that we still adopt the 2006 version. In changing to it, four businesses will be affected, but they will be grandfathered in until they go through new construction or the ownership is transferred," Nardello said.

Commissioners were particularly concerned about the code's fire sprinkler requirements for banquet halls, night clubs, restaurants, taverns and bars with occupancy over 100. According to Nardello, there are 16 businesses that are noncompliant with the 2000 code and another four noncompliant with the 2006 edition. All the businesses would be grandfathered in and remain in noncompliance until the business would go through major renovations, new construction or transferred ownership.

"I have mixed feelings on adopting this or not," Commissioner Tim Helbling said. "Could those businesses listed as noncompliant apply to the Growth Fund to at least become compliant? If we don't do something, I see a lot of businesses staying as they are and not updating. The best thing to do is to get them in compliance."

City administrator Jim Neubauer told commissioners that Growth Fund rules are what the commission wants them to be. And if the rules didn't meet the needs they could be changed. He suggested that the Growth Fund committee be asked to look at the situation.

Nearly all the businesses listed as noncompliant are major contributors to the city's sales tax, mayor Ken LaMont pointed out. He suggested that the city perhaps provide a sales tax rebate to help them make the changes to become compliant with the code.

Commissioner Dan Ulmer also brought up the possibility that the city get involved by having public works bring the separate water line needed for the sprinkling systems - as dictated by the code - to the businesses property lines.

Ulmer said that he is aware of one possible change of ownerships of the listed businesses and wondered if the new code would impact the sale. Nardello said it would depend on when the transfer takes place with the code going into effect on Jan. 1.

Helbling questioned whether the separate line would have to be metered by the city, which could cost up to an additional $4,000. Nardello said it would be up to the city commission, as the fire code did not have regulations regarding the metering of water use for the sprinklers.

Commissioners were unanimous in their support of adopting the 2006 International Fire Code through resolution.

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