E5. Ord. 1889, 1890, 1891, Code AdoptionCITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: Jeff Clawson, Building Official
Development Services
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
SUBJECT: Second Readings - 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: August 1, 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 I Ith, 2022.
These codes will replace the previously adopted 2018 family of codes. 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.
The Kalispell City Council, at their meeting on July 18, 2022, approved the first reading of
Ordinance 1889, 1890 and 1891 relating to the three codes.
RECOMMENDATION:
Ordinance 1889: It is recommended the Kalispell City Council approve the second 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 second reading of
Ordinance 1890, an ordinance to amend Ordinancel856, Ordinance 1522, Ordinance 1682, and
Ordinance 1753, 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 second reading of
Ordinance 1891, an ordinance to amend Ordinance 1857, Ordinance 1676, 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
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 1 ST DAY OF AUGUST, 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 1 ST DAY OF AUGUST, 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 1 ST DAY OF AUGUST, 2022.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk