1. Ordinance 1676 - International Energy Conservation Codes - 2nd ReadingPLANNING FOR THE FARE
REPORT TO:
SUBJECT:
MEETING DATE:
M01ff"W
Kalispell Mayor and City Council
Jeff Clawson, Building Official
Jane Howington, City Manager
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kahspeU.com/planning
Second Reading - Adoption of the 2009 International Energy
Conservation Code
June 21, 2010 Council Meeting
BACKGROUND: This is the second reading of an ordinance officially adopting the 2009 International
Energy Conservation Code. The State of Montana adopted the 2009 IECC Code effective March 26, 2010
and as such, requires the city to concurrently adopt the same code within 90 days to maintain the city's
Building Department Certification. The code applies to all residential/commercial construction within the
city and will replace the 2003 Energy Code, Note that the second reading has been properly advertized as
is required by law.
RECOMMENDATION: A motion to approve the second reading of the ordinance for adoption of
the 2009 International Energy Conservation Code would be in order.
FISCAL EFFECTS: There will be minor cost increases experienced by homebuilders as they seek to
comply with the new standards. This is anticipated to be counter balanced by increases in energy efficiency
experienced by future homeowners. The state anticipates that the average new home built to these
standards will see a 15% savings in utility costs/year.
ALTERNATIVES: The State of Montana has adopted the 2009 International Energy Conservation
Code therefore it is currently in effect throughout all of Montana including the City of Kalispell. If the city
does not adopt the 2009 Energy International Energy Conservation Code, code compliance and inspections
would be administered via the Sate Building Codes Division. Failure to adopt the ordinance would place
the Building Department out of compliance with the State Building Codes Division which could lead to
decertification of our entire building codes program.
Respectfully submitted,
/e//Ia son
Building Official
c: Theresa white, Kalispell City Clerk
ne Howington
City Manager
1
AN ORDINANCE TO AMEND
"INTERNATIONAL ENERGY CONSERVATION CODE", 2009 EDITION, AS THE ENERGY CODES
AMENDMENTSOF THE CITY OF KALISPELL, AND APPLICABLE TO THE JURISDICTIONAL AREA THEREOF*
SUBJECT TO THE r ADOPTED AND APPROVEDOD
BUREAU, DEPARTMENTY INDUSTRY,PROVIDE ..
PENALTY FOR THE VIOLATION OF ANY LAWFUL ORDER ISSUED PURSUANT THERETO; AND
LTSTABLISHING AN EFFECTIVE D,4,TE.
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 KA.LISPELL, MONTANA, AS FOLLOWS:
SECTION L There is hereby adopted by reference, Administrative Rules of the State of
Montana, ARM 24.301.101 through 24.301.169.
SECTION II. There is hereby adopted by reference, the "International Energy Conservation
Code", 2009 edition, as amended by ARM 24.301.161.
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 III. 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 IV. 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 V. 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 OF THE CITY OF KALISPELL, MONTANA AND
SIGNED BY THE MAYOR THIS 21 ST DAY OF JUNE, 2010.
ATTEST:
Theresa white
City Clerk
Tammi Fisher
Mayor