Loading...
08. Ordinance 1301 - Uniform Building Code - 2nd ReadingORDINANCE NO. 1301 AN ORDINANCE TO ADOPT, BY REFERENCE, THE "UNIFORM BUILDING CODE", 1997 EDITION, THE "UNIFORM MECHANICAL CODE" (ICBO version), 1997 EDITION, THE "UNIFORM PLUMBING CODE", 1997 EDITION, THE "COUNCIL OF AMERICAN BUILDING OFFICIALS, ONE b TWO FAMILY DWELLING CODE", 1995 EDITION; THE "UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS", 1997 EDITION; THE "UNIFORM HOUSING CODE", 1997 EDITION; AND THE "MODEL ENERGY CODE", 1993 EDITION; 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 DIVISION, DEPARTMENT OF COMMERCE, 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 I. There is hereby adopted by reference, the "Uniform Building Code", 1997 edition, as amended by ARM 8.70.101 (lp), ARM 8.70.101 (39), ARM 8.70.101 (41) through (43); together with the following Appendix Chapters: App. Ch. 3, Divisions I, II and III, as amended by Arm 8.70.101(24), App. Ch. 4, Division II;, App. Ch. 11; App. Ch. 13, as amended by ARM 8.70.101 (20); App. Ch. 15; App. Ch. 16, Divisions I and IV; App. Ch. 18; App. Ch. 21; App. Ch. 23; App. Ch. 31, Divisions I, II and III; except for: the penalty portions thereof. The fee schedule adopted pursuant to Ordinance No. 1291 shall be used to determine the fees to be charged for permits issued pursuant to this Section. At least one copy of said document shall be kept on file in the office of the City Clerk -Treasurer for inspection by the public. SECTION II. There is hereby adopted by reference, Administrative Rules of the State of Montana; ARM 8.70.1501 through SECTION III. There is hereby adopted, by reference,8.70.1505.the "Uniform Mechanical Code" (ICBO version), 1997 Edition, as amended by ARM 8.70.105 (1d) through (g) and ARM 8.70.105 (6) ; except for: the penalty portions thereof. F:\wp\ord\1301 uniform codes.wpd -I- The fee schedule adopted by the Department of Commerce, Building Codes Bureau, State o- Montana, for the Uniform Mechanical Code, 1988 Edition is hereby adopted by the City of Kalispell. At least one copy of Bald document shall be kept on file in the office of the City -Clerk -Treasurer for inspection by the public. SECTION IV. There is hereby adopted, by reference, the "Uniform Plumbing Code", 1997 Edition, as amended by: ARM 8.70.302 (1) (a) through (g), (i) through (ac and ARM 8.70.303; except for the penalty portions thereof. The fee schedule adopted by the Department of Commerce, Building Codes Bureau, State cf Montana, for the Uniform Plumbing Code, 1988 Edition is hereby adopted by the City of Kalispell. At least one copy of said document shall be kept on file in the office of the City -Clem: Treasurer for inspection by the public. SECTION V. There is hereby ac:opted, by reference, the "Council of American Building Officials, One & Two Family Dwelling Code", 1995 Edition, as amended by ARM 8.7:.108 (1) through (9);except for: the penalty portions thereof. The fee schedule adopted pursuant to Ordinance No. 1291 shall be used to determine the fee-s to be charged for permits issued pursuant to this Section. At least one copy of said document shall be kept on file in the office of the City Clerk -Treasurer for inspection by the public. SECTION VI. There is hereby adopted, by reference, the "Uniform Code for the Abatement of Dangerous Buildings", 1997 Edition; except for; the penalty porticzs thereof. At least one copy of said document shall be kept on file in the office of the City Clerk -Treasurer for inspection by the public. SECTION VII. There is hereby adopted, by reference, the "Uniform Housing Code", 1997 Edition, as amended by ARM8.70.102 (1)(c); except for: the penalty portic-- thereof. F:\wp\ord\1301 uniform codes.wpd -2- At least one copy of said document shall be kept on file in the office of the City Clerk -Treasurer for inspection by the public. SECTION VIII. There is hereby adopted, by reference, the "Model Energy Code", 1993 Edition, as amended by ARM 8.70.104 (1); except for: the penalty portions. At least one copy of said document shall be kept on file in the office of the City Clerk -Treasurer for inspection by the public. SECTION IX. There is hereby adopted, by reference, the "Uniform Code for Building Conservation, 1997 Edition, except for the penalty portion thereof. At least one copy of said document shall be kept on file in the office of the City Clerk -Treasurer for inspection by the public. SECTION X. 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 use only for the owner's own use as provided by § 50-60- 102 (1) (a) , MCA. SECTION X. 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 XI. Section 105 of the Uniform 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 -Treasurer of the prescribed copies of the Codes hereby adopted by reference. F:\wp\ord\1301 uniform codes.wpd -3- PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AND SIGNED BY THE MAYOR THIS DAY OF January, 1999. Wm. E. Boharski, Mayor ATTEST: Theresa White, Clerk of Council F:\wp\ord\1301 uniform codes.wpd -4-