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H2. Ord. 1857, Energy CodeCITY 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: Ordinance 1857 — Adoption of the 2018 International Energy Conservation Code Second Reading MEETING DATE: April 5, 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. The Kalispell City Council, at their meeting on March 15, 2021, approved the first reading of Ordinance 1857, 8 in favor and 1 opposed. RECOMMENDATION: It is recommended the Kalispell City Council approve the second 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 Energy code htt2s://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