Certificate of Occupancy and Drainage IssuesJMzM
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Tom Jentz, Director
Jane Howington, City Manager
SUBJECT: Certificate of Occupancy (C/O) and Drainage Issues
MEETING DATE: September 8, 2009 Council work session
BACKGROUND: Approximately 2 years ago city staff and the council held a series of work
sessions to discuss the development of a certificate of occupancy (C/O) program. Included in
this process was a desire to get a better handle throughout the city on how we manage
individual storm water run-off and ground water impacts in new residential subdivisions. In
addition, there is a growing concern at the staff level that many structures are not getting on
the tax rolls in a timely fashion as we have no formal C/O program to trigger this event. Note
that Doug Connors, Public Works Department, estimates that at least 50 completed residences
did not get on last year's tax rolls. This conservatively equates to $15,000 in lost city tax
revenue for this year.
At the last work session in February, the city council directed staff to continue to develop a
C/O program for all new residential and commercial construction. The focus was a program
that could be reasonably implemented and enforced and which brought together all the
existing codes relative to construction of the building. This would include building code issues,
site drainage, sidewalk work, boulevard improvements, landscaping, etc. It was understood
that those issues considered "life and safety" would be required to be completed prior to the
issuance of a C/O. All other issues not completed at the time a C/O is requested could be
addressed through a bond or other financial security insuring that the required work would be
completed in a timely fashion.
Below is a list of the staff recommendations that were approved by council at that work
session. Also, at the last work session 2 issues were unresolved: The staff had proposed the
use of a locking water meter as the most effective, least invasive procedure to encourage
contractors to complete a residence. The contractor would install the water meter with the
valve locked shut. Upon issuance of a certificate of occupancy, the building inspector would
unlock the valve allowing the builder/home owner to freely turn on the water supply. The
council liked the idea of using the locking water meter however the council was concerned
about its effects on the building trade. Staff was directed to contact contractors to get their
feedback. Based on contacting both large and small contractors, there appeared to be an
understanding for the need of such a measure. Several, however, did ask if there was a way to
allow some water flow, as a convenience during construction. In light of the comments
received, the Building Department has provided a lockable valve that allows the contractor to
turn off a water meter, but also allows the water to be turned on allowing up to 3.5
gallons/minute. This is enough to fill a toilet, charge the lines, keep the water heater full but
not shower, wash clothes, water your lawn etc. It should also be pointed out that the majority
of contractors also felt that while this was effective for residential construction, it would be a
hindrance for commercial development where there was a significant need for water for
masonry projects.
Actions already implemented per council direction:
1. City Council should direct staff to amend the city subdivision regulations adding a new
Section 3:23 which would require the submission of detailed ground water information
to be used to determine if lots in a proposed subdivision are suitable or appropriate for
basement, crawl space or only slab on grade foundations based on the depth of ground
water. (This is in our work program)
2. Building Department will add an additional inspection to their program conducting a
separate inspection of foundation drains and damp proofing of basement walls.
(This was implemented as of January, 2009.)
3. Direct the City Attorney to modify Municipal Code Section 26-9 (D) (tampering with a
city water meter) to allow enforcement of this section alternately by civil infraction.
(This was completed at the July 6, 2009 city council meeting.)
Recommended actions:
1. Direct staff to prepare an ordinance making the occupancy of a residence or residential
unit (new construction) without a C/O a civil infraction.
2. Direct staff, as the recommended enforcement mechanism, to begin issuing a water
meter with a locking valve. The meter would leave city hall in the locked position with
the lock designed to allow a minimum flow. At time of issuance of C/O, the building
inspector would remove the lock from the meter. Thus, full water flow becomes the
controlling mechanism.
a. Note: The issuance of the C/O would be linked to health/safety issues. If
sidewalks, landscaping, driveway paving, drainage issues and or other non -life
safety issues are not installed at the time of C/O, the contractor could bond for
the work to be completed at a later time.
3. Require the builder/owner on each lot to maintain the grades of their lot in
conformance to the approved drainage plan that was submitted at final plat. As part of
the Certificate of Occupancy process, the building inspector will ask for a certification
from the builder/owner that their lot grading complies with the specific grades from the
approved drainage plan.
Respectfully submitted,
Ap
Thomas R. Jentz
Director
c: Theresa White, Kalispell City Clerk
Jane Howington
City Manager