2. Ordinance 1682 - Building Codes - 2nd ReadingPLANNING FOR THE FvivRE MONTAM
REPORT TO: Kalispell Mayor and City Council
FROM: 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.kalispell.com/planning
SUBJECT: Second Reading - Adoption of the 2009 International Building, Mechanical, Fuel Gas and
Existing Building Codes and the 2009 Uniform Plumbing Code
MEETING DATE: October 4, 2010 Council Meeting
BACKGROUND: This is the second reading of an ordinance officially adopting the 2009 International Building,
Mechanical, Fuel Gas and Existing Building Codes and the 2009 Uniform Plumbing Code. The State of Montana
adopted these codes effective July 29, 2010 and as such the city is required to concurrently adopt the same code
within 90 days to maintain the city's Building Department Certification. These codes will replace the previously
adopted 2006 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 2009 codes as well. Once adopted in Kalispell the city building department will utilize these codes
for all commercial and residential construction within the city.
RECOMMENDATION. A motion to approve the second reading of the ordinance for adoption of the 2009
International Building, Mechanical, Fuel Gas and Existing Building Codes and the 2009 Uniform Plumbing Code
would be in order.
FISCAL EFFECTS: Cost increases will be expected for those constructing new apartment buildings of 8 - 15
units or motels with 8 - 15 rooms of about. $2.50 sq ft for the required sprinkler systems. Other codes may have
miner 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.
Respectfully submitted,
C::�
TAq
son
Building Official
c: Theresa white, Kalispell City Clerk
Jane Howington
City Manager
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 KALIS PELL, MONTANA, AS FOLLOWS:
SECTION L There is hereby adopted by reference, Administrative Rules of the State of Montana- ARM
24.301.101 through 24.301.905, and specifically the amendments to the ARM at 24.301.131, 24.301.138,
24.301.139, 24.301.1429 24.301.146, 24.301.171.1 24.301.1.72, and 24.301.173, as they may pertain to
those portions of the building codes previously adopted by the City and as same ARM may be currently
effective.
SECTION II. There is hereby adopted by reference, the "International Building Code (IBC)", 2009
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. remain unchanged.
At least one copy of said document shall be kept on file in the office of the City Clem for
inspection by the public.
SECTION III. There is hereby adopted, by reference, the "International Fire Code (IFC)", 2009
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 remain unchanged.
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 Iy. There is hereby adopted, by reference, the "International Existing Building Code", 2009
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 remain unchanged.
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 V. There is hereby adopted, by reference, the "International Mechanical Code", 2009
.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 VI. There is hereby adopted, by reference, the "International Fuel Gas Code", 2009 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 V11. There is hereby adopted, by reference, the "Uniform Plumbing Code", 2009 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 VIII. 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 them- attached -to structures, any farm or ranch building, and any private garage or private
storage structure use only for the owner's own use as provided by § 50-60-102 (1) (a), MCA.
SECTION I. 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 X. Section 11.2 of the International Building Code, providing for a Board of Appeals, shall be
the provision applicable and shall be used for appeals: under this Ordinance.
SECTION XI. 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 GE THE
CTTY GE KALISPELL, MONTANA THIS 4TH DAY OF OCTOBER, 2010.
Tarnm.i Fisher
Mayor
ATTEST:
Theresa white
City Clerk