I3. Ordinance 1839 - 2018 Building Code AdoptionCITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: Jeff Clawson, Building Official
Building Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/buildine
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: March 2, 2020
BACKGROUND: The Kalispell Building Department, as do all other municipal building
departments, implements standardized building codes prepared by national code committees. The
International Building Codes Committee updates the codes every three years. 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.
The Kalispell City Council held a work session on the proposed code updates at their work session
on February 24, 2020. At that time staff highlighted the changes to the codes and answered Council
questions. Following a brief discussion, staff was directed to schedule the matter for the Council's
next regularly scheduled meeting.
RECOMMENDATION: It is recommended the Kalispell City Council approve the first reading
of Ordinance 1839, an ordinance adopting 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.
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.
ATTACHMENT: Ordinance 1839
ORDINANCE NO. 1839
AN ORDINANCE TO AMEND ORDINANCE NOS. 1752,1754 AND 1767 BY ADOPTING,
BY REFERENCE, THE "INTERNATIONAL BUILDING CODE (IBC)", 2018 EDITION;
THE "INTERNATIONAL EXISTING BUILDING CODE (IEBC)", 2018 EDITION; THE
"INTERNATIONAL RESIDENTIAL CODE (IRC)" 2018 EDITION; THE
"INTERNATIONAL MECHANICAL CODE", 2018 EDITION; THE "INTERNATIONAL
FUEL GAS CODE", 2018 EDITION; THE "UNIFORM PLUMBING CODE", 2018
EDITION; THE "NATIONAL ELECTRICAL CODE (NEC)", 2017 EDITION; AND THE
"INTERNATIONAL SWIMMING POOL AND SPA CODE (ISPSC)", 2018 EDITION AS
WELL AS THE ASSOCIATED AMENDMENTS TO THE ADMINISTRATIVE RULES OF
MONTANA [ARM] AS THEY MAY PERTAIN TO THOSE PORTIONS PREVIOUSLY
ADOPTED BY THE CITY OF KALISPELL IN ORDINANCE NOS. 1752, 1754 AND 1767
AS THE BUILDING CODES OF THE CITY OF KALISPELL AND APPLICABLE TO THE
JURISDICTIONAL AREA THEREOF; SUBJECT TO THE AMENDMENTS MADE,
ADOPTED AND APPROVED BY THE BUILDING CODES PROGRAM, COMMERCIAL
MEASUREMENTS BUREAU, DEPARTMENT OF LABOR AND INDUSTRY, STATE OF
MONTANA; TO PROVIDE A PENALTY FOR THE VIOLATION OF ANY LAWFUL
ORDER ISSUED PURSUANT THERETO; AND TO ESTABLISH AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell, pursuant to the authority provided to local government by the
State of Montana under 7-5-108, M.C.A., and 7-5-4202, M.C.A. may adopt uniform
technical codes by reference; and
WHEREAS, the Building Codes Program, under the Montana State Department of Labor and
Industry permits local governments, such as the City of Kalispell, to administer the
state approved building codes within the territorial jurisdiction of the local
government; and
WHEREAS, the state Building Codes Program has approved the 2018 Edition of the building
codes to replace the 2012 Edition and now requires local governments that
administer building codes to adopt the 2018 Edition of the building codes.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION 1. There is hereby adopted by reference, the Administrative Rules of the State of
Montana; as they may pertain to those portions of the building codes hereby adopted by the City.
SECTION 2. There is hereby adopted by reference, the "International Building Code (IBC)", 2018
edition, as amended by the Administrative Rules of Montana, set forth specifically above, except for
the penalty portions thereof and except for the fee schedule, which shall be set by resolution of
council.
At least one copy of said document shall be kept on file in the office of the City Clerk for
inspection by the public.
SECTION 3. There is hereby adopted, by reference, the "International Existing Building Code",
2018 Edition, as amended by the Administrative Rules of Montana, set forth specifically above,
except for the penalty portions thereof and except for the fee schedule, which shall be set by
resolution of council.
At least one copy of said document shall be kept on file in the office of the City Clerk for
inspection by the public.
SECTION 4. There is hereby adopted by reference, the "International Residential Code (IRC)"
2018 edition, as amended by the Administrative Rules of Montana, set forth specifically above,
except for the penalty portions thereof and except for the fee schedule, which shall be set by
resolution of council.
At least one copy of said document shall be kept on file in the office of the City Clerk for
inspection by the public.
SECTION 5. There is hereby adopted, by reference, the "International Mechanical Code", 2018
Edition, as amended by the Administrative Rules of Montana, set forth specifically above.
At least one copy of said document shall be kept on file in the office of the City Clerk for
inspection by the public.
SECTION 6. There is hereby adopted, by reference, the "International Fuel Gas Code", 2018
Edition, as amended by the Administrative Rules of Montana, set forth specifically above.
At least one copy of said document shall be kept on file in the office of the City Clerk for
inspection by the public.
SECTION 7. There is hereby adopted, by reference, the "International Swimming Pool Code",
2018 Edition, as amended by the Administrative Rules of Montana, set forth specifically above.
At least one copy of said document shall be kept on file in the office of the City Clerk for
inspection by the public.
SECTION 8. There is hereby adopted, by reference, the "Uniform Plumbing Code", 2018 Edition,
as amended by the Administrative Rules of Montana, set forth specifically above.
At least one copy of said document shall be kept on file in the office of the City Clerk for
inspection by the public.
SECTION 9. There is hereby adopted, by reference, the "National Electrical Code" 2017 Edition,
amended by the Administrative Rules of Montana, set forth specifically above.
At least one copy of said document shall be kept on file in the office of the City Clerk for
inspection by the public.
SECTION 10. These codes are applicable to all buildings within the building code enforcement area
of the City of Kalispell, including but not limited to, residential buildings containing less than five
dwelling units or their attached -to structures, any farm or ranch building, and any private garage or
private storage structure used only for the owner's own use as provided by §50-60-102(1 (a) MCA.
SECTION 11. 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 the Kalispell City Code.
SECTION 12. This Ordinance is effective thirty days following final approval by the Council and
Mayor and the filing with the City Clerk of the prescribed copies of the Codes hereby adopted by
reference.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, MONTANA THIS DAY OF MARCH, 2020.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk