02-24-20 Work Session Agenda and MaterialsCITY COUNCIL
CITY OF WORK SESSION AGENDA
KALISPELL February 24, 2020, at 7:00 p.m.
City Hall Council Chambers, 201 First Avenue East
A. CALL TO ORDER
B. DISCUSSION ITEMS
1. Building and Fire Code Updates
2. Discussion on Ordinance 1830 - Lodging in the Public Right of Way
C. PUBLIC COMMENT
Persons wishing to address the council are asked to do so at this time. Those addressing
the council are requested to give their name and address for the record. Please limit
comments to three minutes.
D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS
E. ADJOURNMENT
UPCOMING SCHEDULE / FOR YOUR INFORMATION
Next Regular Meeting — March 2, 2020, at 7:00 p.m. — Council Chambers
Next Work Session — March 9, 2020, at 7:00 p.m. — Council Chambers
Coffee with the Chief — March 18, 2020, at 5:30 p.m. — Sykes Diner, 202 2nd Avenue W
Reasonable accommodations will be made to enable individuals with disabilities to attend this meeting.
Please notify the City Clerk at 758-7756.
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KALISPELL FIRE DEPARTMENT
Dave Dedman — Fire Chief Po Box 1997
Jon Campbell — Assistant Fire Chief , , , 312 First Avenue East
Cec Lee — Executive Secretary TALI SPELL Kalispell, Montana 59901
Phone: (406) 758-7760
FAX: (406) 758-7777
REPORT TO: Doug Russell, City Manager
FROM: Dave Dedman, Fire Chief
SUBJECT: Adoption of the 2018 International Fire Code
MEETING DATE: February 24, 2020
BACKGROUND: The State of Montana has adopted the 2018 edition of the International Code
Councils code sets including building, residential, mechanical, fuel plumbing and the 2017 electrical
code. In coordination with these adoptions, the State of Montana's Fire Marshal's Office is expected
to adopt the correlating 2018 International Fire Code. As with the building code sets, the City of
Kalispell will have 90 days from state adoption to adopt the proposed fire code.
Adoption of the 2018 International Fire Code by the City of Kalispell will provide guidance to
developers, engineers, construction trade employees and City of Kalispell Building Department staff
in establishing safe and updated construction requirements and general safety provisions for the
community. The update in the fire code is generally related to updates in the building codes and
construction features that have changed.
RECOMMENDATION: Discuss the requirement to adopt the 2018 International Fire code to be in
coordination with State and local adoption of the 2018 International Code Council building code sets
and 2017 Electrical Code adoptions and Montana State's adoption of the 2018 International Fire
Code.
FISCAL EFFECTS: No direct or major cost increases other than general increases noted. Some
cost increases will be attributed to size and type of facilities depending on case specific issues.
ALTERNATIVES: Failure to adopt agreed upon International Fire Code would place the City of
Kalispell out of concert with the adoption of the updated fire code with the State of Montana's Fire
Marshal's Office and out of concert with the proposed adoption of the 2018 International Code
Councils building code sets.
"Protecting our conununity with the highest level of professionalism. "
CITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: Jeff Clawson, Building Official
Building Department
201 ls' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/building
Subject: Adoption of the 2018 International Commercial Building, Residential
Building, Mechanical, Fuel Gas, Swimming Pool and Existing Building
Codes, the 2018 Uniform Plumbing Code and the 2017 National Electrical
Code
MEETING DATE: February 24, 2020 Council Meeting Workshop
BACKGROUND: The State of Montana has adopted the 2018 edition of the International
Building Code, International Residential Code, International Mechanical Code, International Fuel
Gas Code, International Existing Building Code, International Swimming Pool Code, Uniform
Plumbing Code and the 2017 National Electrical Code. These codes are effective December 7,
2019 and replace the previously adopted 2012 family of codes currently used by the City. Because
of the State Building Codes Division action, these codes presently are in force for all commercial
and multi -family residential construction within the state of Montana. The City of Kalispell, in
order to maintain its certification with the State Building Codes Bureau is required to follow suite
locally within 90 days. Once adopted in Kalispell the city building department will utilize these
codes for all commercial and residential construction within the city.
Adoption of the code by the City of Kalispell will provide contractors a local source for education
and answers to questions about the codes and their application. The Kalispell Building Department
will continue with an educational approach to achieving code compliance within the construction
industry with the adoption of all new codes.
Please note that a majority of the changes in the new codes address Cross Laminated Timber
(CLT), braced wall construction methods for residential construction. CLT construction is a
relatively new method and industry to the United States even though it has been used throughout
Europe for decades. Specific changes within the new codes that will affect Kalispell more directly
include:
• Requiring carbon monoxide detectors in all residential occupancies, schools and
institutional occupancies such as assisted living facilities, hospitals, nursing homes along
with adult and child day care facilities.
• Changes have addressed new building products and materials and where they may be
used within the language and application of the Building Codes.
In conclusion, the new codes should bring about more clarity within the ICC family of codes.
During each code cycle the committees are identifying language discrepancies and proposing
changes for corrections. The building department will continue to be available to answer questions
the development community may have. In preparation for adoption of this code, our department
did send out approximately 84 letters to builders in the community advising them of the new code
adoptions. We also did a Q and A session at a Flathead Building Association meeting, and they
have notified their members through their weekly e-mail newsletter.
RECOMMENDATION: Staff will be present to answer any Council questions regarding the
codes update. Provided the Council feels the update appropriate, an Ordinance adopting
aforementioned codes can be considered at the next regularly scheduled meeting.
FISCAL EFFECTS: Codes may have minor cost increases depending on the size and type of
project being constructed. It is the intent of the State Building Codes Division that these costs will
be offset through the construction of safer buildings.
ALTERNATIVES: Failure to adopt the ordinance would place the building department out of
compliance with the State Building Codes Bureau and force the state to de -certify the Kalispell
Building Department.
CITY OF City of Kalispell
KTALISPELL post Office Box 1997 -Kalispell, Montana 59903-1997
elephone (406) 758-7700 Fax - (406) 758-7758
MEMORANDUM
To: Honorable Mayor Johnson and City Council
From: Doug Russell, City Manager
Re: Discussion on Ordinance 1830- Lodging in the Public Right of Way
Meeting Date: February 24, 2020
BACKGROUND: At a previous meeting, it was requested by a Councilmember that the Council hold a
work session regarding the Lodging in the Public Right of Way Ordinance, 91830, which was passed by
the Council in October of 2019.
RECOMMENDATION: It is recommended that Council discuss the Ordinance as requested and
provide relevant direction.
ATTACHMENTS: Ordinance 1830
ORDINANCE NO. 1830
AN ORDINANCE RESTRICTING THE USE OF THE PUBLIC RIGHT-OF-WAY FOR LODGING
WITHIN MOTOR VEHICLES, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY
ATTORNEY TO CODIFY THE SAME.
WHEREAS, it is in the best interests of the City and its residents and visitors that the use of its public right-of-
ways does not unnecessarily infringe upon the peaceful enjoyment of private property or
compromise the safety and welfare of the community; and
WHEREAS, the public right-of-ways in the City are being increasingly used for the purposes of parking and
lodging within motor vehicles, including recreational vehicles, campers and buses, overnight and
for extended lodging; and
WHEREAS, the Kalispell City Council finds that such use of the public right-of-way, as described above, is not
a permitted use for the reasons that it unreasonably increases the intended density of residential
use, it does not provide the sanitation services necessary for residential use, and there are, within
the City and surrounding community, suitable accommodations to serve the needs for those seeking
to lodge within their motor vehicles; and
WHEREAS, the Kalispell City Council further finds that violations of this ordinance should be civil infractions
and provided the due process as set forth in Chapter 1, Article 2 of the Kalispell Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION 1. It shall be unlawful to lodge within a motor vehicle in the public right-of-way in
the City of Kalispell.
SECTION 2. Definitions.
Lodge means to board and use as a living quarters.
Motor Vehicle means an automobile, truck, recreational vehicle, camper or bus.
SECTION 3. This ordinance shall be enforced by the City of Kalispell Police Department. A
violation of this ordinance shall be a civil infraction and provided the due process
as set forth in Chapter 1, Article 2 of the Kalispell Municipal Code.
SECTION 4. The City Attorney is hereby authorized and directed to codify this Ordinance.
SECTION 5. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF
KALISPELL THIS 7TH DAY OF OCTOBER, 2019.
Mark Johns
ATTEST:
Airlee Brunckhorst, CMC
City Clerk
Mayor
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