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.
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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.
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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.
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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
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