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H4. Ord. 1889, 1890, 1891, 2021 Code AdoptionCITY OF KALISPELL REPORT TO: Doug Russell, City Manager FROM: Jeff Clawson, Building Official Development Services 201 1s` Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Adoption of the 2021 International Commercial Building, Residential Building, Mechanical, Fuel Gas, Swimming Pool and Existing Building Codes, the 2021 Uniform Plumbing Code, the 2020 National Electrical Code, the 2021 International Fire Code and the 2021 International Energy Code. MEETING DATE: July 18, 2022 BACKGROUND: The Kalispell Building Department, as do all other municipal building departments, implements standardized building codes prepared by national code committees. Every three years the International Building Codes Committee updates their codes. The State of Montana then usually follows suit and adopts the current code cycle. Once the state adopts the new code revisions, they require the local jurisdictions to follow suite within 90 days. The State of Montana now has officially adopted the 2021 International Building, Residential Building, Mechanical, Fuel Gas, Swimming Pool, Energy Code and Existing Building Codes, the 2021 Uniform Plumbing Code along with the 2020 National electrical Code effective June 11t', 2022. These codes will replace the previously adopted 2018 family of codes. 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 and adopt the 2021 codes as well. Once adopted in Kalispell the city building department will utilize these codes 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 conclusion, the new codes should bring about more clarity within the ICC family of codes as each code cycle the committees are identifying language discrepancies and proposing changes for corrections. The building department will continue to be available to answer questions the development community may have. In preparation for adoption of this code, our department did notify the Flathead Builders Association and they have provided notice in their weekly e-mail of the effective date for the state and our anticipated effective date of early September. We will do a Question -and -Answer session at a Flathead Building Association meeting in the fall with regards to implementation of code changes. RECOMMENDATION: Ordinance 1889: It is recommended the Kalispell City Council approve the first reading of Ordinance 1889, an ordinance adopting the 2021 International Commercial Building, Residential Building, Mechanical, Fuel Gas, Swimming Pool, and Existing Building Codes, the 2021 Uniform Plumbing Code and the 2020 National Electrical Code. Ordinance 1890: It is recommended the Kalispell City Council approve the first reading of Ordinance 1890, an ordinance to amend Ordinance 1856, adopting, by reference, the International Fire Code and the appendices, 2021 Edition, with the additions, amendments, and deletions to Kalispell Municipal Code Chapter 10 as enumerated and set forth on Exhibit A, as the fire codes of the city of Kalispell, and applicable within the corporate boundaries of the City, to provide a penalty for the violation Ordinance 1891: It is recommended the Kalispell City Council approve the first reading of Ordinance 1891, an ordinance to amend Ordinance 1857, adopting, by reference, the International Energy Conservation Code, 2021 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: 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 1889 Ordinance 1890 Ordinance 1891 ORDINANCE NO. 1889 AN ORDINANCE TO AMEND ORDINANCE NO.1839 BY ADOPTING, BY REFERENCE, THE "INTERNATIONAL BUILDING CODE (IBC)", 2021 EDITION; THE "INTERNATIONAL EXISTING BUILDING CODE (IEBC)", 2021 EDITION; THE "INTERNATIONAL RESIDENTIAL CODE (IRC)" 2021 EDITION; THE "INTER- NATIONAL MECHANICAL CODE", 2021 EDITION; THE "INTERNATIONAL FUEL GAS CODE", 2021 EDITION; THE "UNIFORM PLUMBING CODE", 2021 EDITION; THE "NATIONAL ELECTRICAL CODE (NEC)", 2020 EDITION; AND THE "INTER- NATIONAL SWIMMING POOL AND SPA CODE (ISPSC)", 2021 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 NO. 1839 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 2021 Edition of the building codes to replace the 2018 Edition and now requires local governments that administer building codes to adopt the 2021 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)", 2021 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", 2021 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)" 2021 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", 2021 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", 2021 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", 2021 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", 2021 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" 2020 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 , 2022. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk ORDINANCE NO. 1890 AN ORDINANCE TO AMEND ORDINANCE NO. 1856, ADOPTING, BY REFERENCE, THE "INTERNATIONAL FIRE CODE" AND THE APPENDICES, 2021 EDITION (IFC), WITH THE ADDITIONS, AMENDMENTS, AND DELETIONS TO KALISPELL MUNICIPAL CODE CHAPTER 10 AS ENUMERATED AND SET FORTH ON EXHIBIT "A", AS THE FIRE CODES OF THE CITY OF KALISPELL, AND APPLICABLE WITHIN THE CORPORATE BOUNDARIES OF THE CITY, TO PROVIDE A PENALTY FOR THE VIOLATION OF ANY LAWFUL ORDER ISSUED PURSUANT THERETO AND ESTABLISHING 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 Montana State Department of Justice permits local governments, such as the City of Kalispell, to administer the state approved fire codes within the territorial jurisdiction of the local government. 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 "International Fire Code" 2021 edition (IFC) and the appendices, excepting therefrom the second exception of Section 308.1.4 Open - flame cooking devices and all of Section 319. 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 2. Said Code shall apply to all buildings within the corporate limits of the City of Kalispell. SECTION 3. Chapter 10 of the Kalispell Municipal Code shall be amended as set forth in Exhibit "A" attached hereto and incorporated fully herein by this reference. SECTION 4. 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 5. 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 DAY OF , 2022. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk Exhibit A Chapter 10 FIRE PREVENTION 10-1 INTERNATIONAL FIRE CODE; ADOPTED Adopted: There is hereby adopted, by reference, the International Fire Code and Appendices, 2021 edition (IFC), with the additions, amendments, and deletions enumerated in this section. 1. Subsection 903.2.8 Group R, is deleted in its entirety and replaced with the following: a. An approved automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all Group R buildings meeting any of the following criteria: 1. 9 or more transient guests or 5 or more transient guestrooms in R-1 or R-2 occupancies; 2. 9 or more occupants in other than dwelling units; 3. 5 or more dwelling units; or 4. more than 2 stories. b. In lieu of the above required automatic sprinkler system in buildings not more than 3 stories above the lowest level of exit discharge, each transient guestroom may be provided with a least one door leading directly to an exterior exit access that leads directly to approved exits. C. "Transient guest" for the purpose of this subsection shall mean an occupant who is primarily transient in nature, staying at one location for 30 days or less. d. The requirements for automatic sprinkler systems for R-4 occupancies are found in ARM 24.301.146. 2. Subsection 1017.1 Construction, is amended by addition of the following: a. Upgrading of corridors in existing E occupancies serving an occupant load of 30 or more, may have walls and ceilings of not less than one- hour fire resistive construction as required by the International Building code. Existing walls surfaced with wood lathe and plaster in good condition or 1/2-inch gypsum wallboard or openings with fixed wired glass set in steel frames are permitted for corridor walls and ceilings and occupancy separations when approved. Doors opening into such corridors shall be protected by 20- minute fire assemblies or solid wood doors not less than 1 3/4 inches (45 mm) thick. Where the existing frame will not accommodate the 1 3/4 inch -thick door, a 1 3/8 inch - thick solid bonded wood -core door or equivalent insulated steel door shall be permitted. Doors shall be self -closing or automatic -closing by smoke detection. Transoms and openings other than doors from corridors to rooms shall comply with the International Building Code or shall be covered with a minimum of 3/4 inch plywood or 1/2 inch gypsum wallboard or equivalent material on the room side. Exception: Existing corridor walls, ceiling and opening protection not in compliance with the above may be continued when such buildings are protected with an approved automatic sprinkler system throughout. Such sprinkler system may be supplied from the domestic water system if it is of adequate volume and pressure. 3. The following appendixes are adopted as part of this code: a. Appendix B Fire -Flow Requirements for Buildings. b. Appendix C Fire Hydrant Locations and Distribution. C. Appendix D Fire Apparatus Access Roads. d. Appendix I Fire Protection Systems- Noncompliant Conditions 10-2: INTERNATIONAL FIRE CODE; MODIFICATIONS TO CODE The fire code official shall have the power to modify any of the provisions of the fire prevention code adopted by section 10-1 of this chapter, upon application in writing by the owner or lessee, or his/her duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code; provided, that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the fire code official thereon shall be entered upon the records of the department and a signed copy shall be furnished to the applicant. 10-3: INTERNATIONAL FIRE CODE; APPEALS Whenever the fire code official shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the fire code official to the city council with thirty (30) days from the date of the decision appealed. 10-3-1: INTERNATIONAL FIRE CODE; INVESTIGATION OF COMPLAINTS OF VIOLATIONS; NOTICE TO COMPLY WITH CODE; FAILURE TO COMPLY WITH NOTICE A. Investigation; Notice to Comply: It shall be the duty of the fire code official to investigate complaints of violations of the fire prevention code received by him/her from any source. Upon his/her determination that such code is not being complied with by any person, he/she shall furnish such person with written notice thereof and require compliance therewith within sixty (60) days of such notice. B. Penalty: Willful refusal, neglect or failure to comply with the terms, conditions and requirement of such code after receipt of written notice as hereinabove provided and the expiration of sixty (60) days shall be an offense as provided for in section 1-9 of this code. Each day of such noncompliance shall be a separate offense. 10-4: INTERNATIONAL FIRE CODE; PENALTIES 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 this code. 10-5: WILLFULLY, CARELESSLY, SPILLING GASOLINE It shall be unlawful for any person to willfully, negligently or carelessly cause or permit any gasoline or other flammable or combustible liquid or substance to become spilled or wasted upon the ground or other surface in such a manner or under such circumstances as to create a fire or explosion hazard or endanger any persons or property. 10-6: FIRE PREVENTION DIVISION A. Created: A division of fire prevention in the city is hereby established which shall be operated under the supervision of the chief of the fire department. B. Chief Designated: The chief of the fire department may designate an officer or member of the fire department or other qualified individual as chief of the division of fire prevention, who shall hold this office at the pleasure of the chief of the fire department. C. Inspectors: The chief of the fire department may designate such other members of the fire department or qualified individuals as inspectors as shall from time to time be necessary. The Chief of the fire department shall recommend to the City Manager the employment of certified technical inspectors, who, are certified through a national testing organization such as NFPA or ICC. Appointments shall be for an indefinite term with removal only for cause. 10-7: BURNING GARBAGE, RUBBISH OR COMBUSTIBLE MATERIALS A. Paper Products; Incinerator Required: It shall be unlawful to burn papers, paper goods, cardboard or other combustible matter anywhere in the city except in an incinerator which shall be so constructed and used as to prevent the spread of fire by an arresting screen or similar device which prevents the escape of igniting particles or burning matter there from. B. Rubbish, Garbage Prohibited: It shall be unlawful to burn rubbish or garbage of any kind other than paper, paper goods, cardboard or other combustible matter anywhere in the city. 10-8: REMOVAL OF FIRE HAZARDS FROM PRIVATE PROPERTY REQUIRED It shall be the duty of the owner, his representative or contract purchaser, or the occupant of real property within the city to remove all dry grass, readily combustible rubbish or debris from said property so that such material shall not constitute a fire hazard. After July 1 of each year all weeds and grasses over eight inches (8") in height constitute a fire hazard for the purposes of this section. 10-9: PROCEDURE UPON FAILURE OF PROPERTY OWNER If the owner, his representative or contract purchaser, or the occupant of any real property in the city shall, within ten (10) days after having been given written notice to do so by the city fire chief, fail or refuse to remove there from all dry grasses, or readily combustible rubbish or debris, or after July 1, remove any grasses or weeds over eight inches (8") in height, the city manager is hereby authorized to remove such material, weeds or grasses and charge such person with the cost of such removal and a reasonable administrative charge. 10-10: FIREWORKS; SALE PROHIBITED It shall be unlawful for any person to possess for sale, sell or offer for sale, at retail, or use within the city, any fireworks. 10-11: FIREWORKS; DEFINED The term fireworks shall mean and include any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation and shall include sky rockets, Roman candles, dago bombs, blank cartridges, toy cannons, toy canes, toy guns in which explosives other than toy caps are used, the type of balloons which require fire underneath to propel the same, fire crackers, torpedoes, or other fireworks of like construction and any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance. Nothing in this Section shall be construed as applying to toy paper caps containing no more than twenty five hundredths of a grain of explosive composition per cap, sparklers and to the manufacture, storage, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to the military forces of the United States or this State, or to peace officers, nor as prohibiting the sale and use of blank cartridges for ceremonial or theatrical or athletic events. ORDINANCE NO. 1891 AN ORDINANCE TO AMEND ORDINANCE NO. 1857, ADOPTING, BY REFERENCE, THE "INTERNATIONAL ENERGY CONSERVATION CODE", 2021 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", 2021 edition. The fee schedule adopted pursuant to Resolution No. 5703 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 DAY OF 12022. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk