E8. Ord 1839 - Building Codes - 2nd ReadingBuilding Department
201 1" Avenue East
CITY OF Kalispell, MT 59901
Phone: (406) 758-7940
KALISPELL Fax: (406) 758-7739
www.kalispell.com/buildine
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Director
SUBJECT: Ordinance 1839 - 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 16, 2020
BACKGROUND: This is the second 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.
The Kalispell City Council, at their meeting on March 2, 2020, approved the first reading of
Ordinance 1839 unanimously.
RECOMMENDATION: It is recommended that the Kalispell City Council approve the second
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.
ATTACHMENTS: Ordinance 1839
c: Aimee Brunckhorst, Kalispell City Clerk
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 16TH DAY OF MARCH, 2020.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk