H5. Ordinance 1857, 2018 IECC Code AdoptionCITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: Jeff Clawson, Building Official
Building Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/buildine
SUBJECT: Adoption of the 2018 International Energy Conservation Code
MEETING DATE: March 15, 2021
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 Energy Conservation Code (IECC).
These codes are effective February 13, 2021 and replace the previously adopted 2012 codes
currently used by the City. The City of Kalispell is required to follow suite within 90 days and
adopt the 2018 code in order to maintain its certification with the State Building Codes Bureau.
Once adopted the Building Department will utilize this code 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. In preparation for adoption of this code, our
department notified the Flathead Building Association who notified their members through their
weekly E-mail newsletter. In addition, a notice of intention to adopt the International Energy
Conservation Code was published in the legal ads of the Daily Inter Lake newspaper on February
28, and March 7, 2021, pursuant to Section 7-5-108 and 7-5-4202 Montana Code Annotated.
RECOMMENDATION: It is recommended the Kalispell City Council approve the first reading
of Ordinance 1857, an ordinance to amend Ordinance 1676, adopting, by reference, the
International Energy Conservation Code, 2018 Edition, as the energy 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 Bureau, Department of Labor and Industry, State of
Montana; to provide a penalty for the violation of any lawful order issued pursuant thereto; and
establishing an effective date.
FISCAL EFFECTS: There are no cost increases expected with the adoption of this code, as there
was only one minor change to the 2018 energy code as modified by the state.
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 1857
Notice of Intention
Energy code https://codes.iccsafe.org/content/IECC2018P4
ORDINANCE NO. 1857
AN ORDINANCE TO AMEND ORDINANCE NO. 1676, ADOPTING, BY REFERENCE, THE
"INTERNATIONAL ENERGY CONSERVATION CODE", 2018 EDITION, AS THE ENERGY
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 BUREAU, DEPARTMENT OF LABOR AND INDUSTRY, STATE
OF MONTANA; TO PROVIDE A PENALTY FOR THE VIOLATION OF ANY LAWFUL
ORDER ISSUED PURSUANT THERETO; AND ESTABLISHING AN EFFECTIVE DATE.
PURSUANT TO THE AUTHORITY OF THE CITY OF KALISPELL UNDER THE PROVISIONS OF
SECTION 7-5-108, M.C.A., AND 7-5-4202, M.C.A., BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS:
SECTION 1. There is hereby adopted by reference, the "International Energy Conservation
Code", 2018 edition.
The fee schedule adopted pursuant to Resolution No. 5287 shall be used to
determine the fees to be charged for permits issued pursuant to this Section.
At least one copy of said documents shall be kept on file in the office of the City
Clerk for inspection by the public.
SECTION 2. 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 3. 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 4. 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, THIS 5TH DAY OF APRIL, 2021.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
CITY OF KALISPELL
MONTANA
NOTICE OF INTENTION TO ADOPT BY REFERENCE THE "INTERNATIONAL
ENERGY CONSERVATION CODE", 2018 EDITION (IECC), SUBJECT TO THE
AMENDMENTS MADE, ADOPTED AND APPROVED BY THE BUILDING CODES
BUREAU, DEPARTMENT OF LABOR AND INDUSTRY, STATE OF MONTANA, AS
THE ENERGY CODES OF THE CITY OF KALISPELL, AND APPLICABLE WITHIN
THE CORPORATE BOUNDARIES OF THE CITY.
NOTICE IS HEREBY GIVEN, pursuant to Section 7-5-108, M.C.A. and 7-5-4202,
M.C.A. that the City Council of the City of Kalispell, Montana, will on the 15th day of March,
2021, at the regular meeting of the City Council at 7:00 p.m. in the Council Chambers, City Hall,
Kalispell, Montana consider the First Reading of Ordinance No. 1857, an ordinance adopting the
"International Energy Conservation Code" (2018 Edition).
One copy of the above referenced codes to be adopted, shall be filed with the City Clerk
of the City of Kalispell for public inspection, use and examination during regular business hours.
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01892
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Publish: February 28, 2021
March 7, 2021
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Airlee Brunckhorst, CMCuzeC
City Clerk