11. House Bill 91N
MEMO
To: Mayor & City Council
From: Al Thelen, Interim City Manager
Date: February 16, 1999
Re.: House Bill 91
House Bill 91, introduced by B. Simons of Yellowstone County has passed the House and will be
transmitted to the State Senate on February 24, 1999.
This bill as drafted would become effective upon passage and being signed by the Governor.
The bill will stop cities like Kalispell from the issuance of building permits and conducting inspections
in the 4'/z mile area outside the City until an election is held in the area to determine if the electors
approve of the City providing this service to the affected area. The City would be responsible to fund
the election and a mailing of notice to the electors in this area. (Estimated at 1,200 around Kalispell.)
The City of Kalispell has provided this service since 1978 and the cities of Columbia Falls and
Whitefish provide this same service to their surrounding area. Flathead County does not require
building permits or inspection services. The State of Montana requires commercial electrical permits
in the unincorporated area of the County.
The concept used to defend the current practice relates to the assurance that public safety
requirements are met in this area as they are in the City, so if the area is ever annexed to the City, we
won't have a lot of substandard construction. It appears to me that this bill is a step backwards!
Recommendation: The staff should prepare a letter for the Mayor's signature stating the City's
objection to House Bill 91 and it should be sent to the members of the State Senate from this area
(a copy of the bill is attached).
Post Office Box 1997 • Kalispell, Montana 59903-1997
Telephone (406) 758-7700 • FAX (406) 758-7758
Montana HB 91
Page 1 of 7
1999 Montana Legislature
About Bill -- Links
HOUSE BILL NO.91
INTRODUCED BY B. SIMON
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING A COUNTY TO CONDUCT A MAIL
BALLOT ELECTION AT MUNICIPAL GOVERNMENT EXPENSE WHEN A MUNICIPALITY
REQUESTS AN ELECTION TO APPROVE OR DISAPPROVE THE APPLICATION OF THE
MUNICIPALITY'S BUILDING CODE JURISDICTION TO ALL OR PART OF AN AREA NOT
TO EXCEED 4 1/2 MILES BEYOND THE MUNICIPALITY'S CORPORATE LIMITS;
ESTABLISHING A MORATORIUM ON THE APPLICATION AND ENFORCEMENT OF
MUNICIPAL BUILDING CODES IN EXISTING AREAS OF EXTENDED JURISDICTION
UNTIL AN ELECTION IS HELD; PROVIDING FOR COORDINATION WITH ARTICLE VIII,
SECTION 17, OF THE MONTANA CONSTITUTION; AMENDING SECTIONS 13-19-106, 50-
60-101, 50-60-301, AND 50-60-302, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE
DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Purpose -- definition. (1) The legislature finds that a municipality's
extension of its jurisdictional area with respect to the application and enforcement of municipal
building codes without the approval of the owners of real estate and other electors in the affected area
constitutes an unjust expansion of municipal authority. The legislature further finds that the best way
to remedy this injustice is to subject a municipality's decision to extend its jurisdictional area or
maintain its extended jurisdictional area to an election in which all qualified electors in the affected
area have the opportunity to express their support for or objection to municipal building code
authority.
(2)As used in this part, "affected area" means " 22
d4ned to 50-6 -1 QI
__(a) keqrea outside the limits o_f_an_incorporated municipality in which building code jurisdiction_
has been extended at the written request of a municipality prior to fthe effective date of this act • or
the area outside
extend its building code jurisdictic
106 and rsections 1 through 41.
mail
� in which a munici
in 13-19-
NEW SECTION. Section 2. Resolution of intention to extend municipal jurisdiction -- notice
requirements. (1) Before requesting a county to conduct an election to extend a municipality's
building code jurisdiction or to maintain its building code jurisdiction beyond incorporated
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boundaries, the municipality shall pass a resolution of intention to do so, designating in the resolution
the precise boundaries of the affected area. Distances must be measured in a straight line on a
horizontal plane, and the boundary of the affected area may not extend beyond 4 1/2 miles of the
corporate limits of the municipality.
(2) Notice of passage of the resolution must be published for 5 days in a daily newspaper or in one
issue of a weekly paper published in both the municipality and in the county that contains the
affected area or, in case no newspaper is published in the municipality or county, then by posting the
notice for 5 days in three public places in the municipality and the county. A copy of the notice must
be mailed to every qualified elector within the affected area.
(3) The notice must describe in detail:
(a) the general purpose and the fiscal ramifications of the expansion or continuation of municipal
building code jurisdiction; and
(b) the fee schedule and any other costs that will be borne by residents and owners of real estate in
the affected area if the extension or continuation of jurisdiction is approved [and if each fee
associated with the municipal building code is subsequently approved by the qualified electors in the
affected area in a separate tax election held in accordance with Article VIII, section 17, of the
Montana constitution].
(4) The notice must contain the complete text of the resolution provided for in subsection (1) and
must be mailed to each qualified elector in the affected area so that the elector receives the notice
prior to the election date.
(5) Failure to comply with the notice requirements in this section will nullify the election results.
NEW SE_CTI_ON. Section 3. Authorization -- mail ballot election mandate -- costs paid by
municipality. (1) A county is authorized to conduct a mail ballot election at the request of a
municipality within the county for the purpose of the municipality's extension of its jurisdictional
area or maintaining extended jurisdiction that was adopted pursuant to the former provisions of 50-
60-101 relating to municipal jurisdictional areas.
(2) The mail ballot election must be conducted in accordance with the procedures set forth in Title
13, chapter 19.
(3) The costs of conducting and administering the mail ballot election provided for in subsection
(2) must be paid by the municipality that requests that the election be held. The municipality shall
pay to the county all charges associated with the election provided for in subsection (2) within 60
days of receiving a bill for these charges from the county clerk and recorder.
NEW SECTION. Section 4. Moratorium on extended municipal building code jurisdiction.
A municipality that has extended its building code jurisdiction to all or part of an area within 4 1/2
miles of the corporate limits of the municipality prior to [the effective date of this act] may not
continue to exercise the jurisdiction until a special mail ballot election has been held in accordance
with the provisions in 13-19-106 and [sections 1 through 4].
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Section 5. Section 13-19-106, MCA, is amended to read:
"13-19-106. General requirements for mail ballot election -- exception for municipal
building code iurisdiction election. A mail ballot election must be conducted substantially as
follows: _
(1) Official ballots must be prepared and all other initial procedures followed as otherwise
provided by law, except that mail ballots are not required to have stubs.
(2) (J Exce t as _provided in subsection (2)(b), ,An an official ballot must be mailed to every
qualified elector of the political subdivision conducting the election.
In an election to determine whether a municipality may extend its building code jurisdiction or
maintain its extended Jurisdiction, an official ballot must be mailed to every qualified elector in the
affected area as provided in Title 50, chapter 60, part 3. The election administrator shall, at the
expense of the munici ali seekino extend or maintain its jurisdiction, prepare and keep on file as
a public record a list of the relevant electors.
(3) Each return/verification envelope must contain a form prescribed by the secretary of state for
the elector to verify the accuracy of the elector's address or notify the election administrator of the
elector's correct mailing address and to return the corrected address with the voted ballot in the
manner provided by 13-19-306.
(4) The elector shall mark the ballot at home and place it in a secrecy envelope.
(5) The elector shall then place the secrecy envelope containing the elector's ballot in a
return/verification envelope and shall return it by mailing it or delivering it in person to a place of
deposit designated by the election administrator so that it is received before a specified time on
election day.
(6) Once returned, election officials shall first qualify the submitted ballot by examining the
return/verification envelope to determine whether it is submitted by a qualified elector who has not
previously voted.
(7) If the ballot qualifies and is otherwise valid, officials shall then open the return/verification
envelope and remove the secrecy envelope, which is then voted by depositing it unopened in an
official ballot box.
(8) After the close of polls on election day, voted ballots must be counted and canvassed as
otherwise provided by law."
Section 6. Section 50-60-101, MCA, is amended to read:
"50-60-101. Definitions. As used in parts 1 through 4 and pak 7 of this chapter, unless the
context requires otherwise, the following definitions apply:
(1) "Alteration" means any change, addition, or modification in construction or occupancy.
(2) "Building" means a combination of any materials, whether mobile, portable, or fixed, to form
a structure and the related facilities for the use or occupancy by persons or property. The term must
be construed as though followed by the words "or part or parts thereof'.
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(3) (a) "Building regulations" means any law, rule, resolution, regulation, ordinance, or code,
general or special, or compilation thereof enacted or adopted by the state or any municipality,
including departments, boards, bureaus, commissions, or other agencies of the state or a municipality
relating to the design, construction, reconstruction, alteration, conversion, repair, inspection, or use of
buildings and installation of equipment in buildings.
(b) The term does not include zoning ordinances.
(4) "Code enforcement program" means the plan for enforcement of the building regulations
adopted by a municipality or county and includes the local building department and the staff
associated with executing any aspect of the program's purposes or functions.
(5) "Construction" means the original construction and equipment of buildings and requirements
or standards relating to or affecting materials used, including provisions for safety and sanitary
conditions.
(6) "Department" means the department of commerce provided for in Title 2, chapter 15, part 18.
(7) "Equipment" means plumbing, heating, electrical, ventilating, air conditioning, and
refrigerating equipment, elevators, dumbwaiters, escalators, and other mechanical additions or
installations.
(8) (a) "Factory -built building" means a factory -assembled structure or structures equipped with
the necessary service connections but not made so as to be readily movable as a unit or units and
designed to be used with a permanent foundation.
(b) The term does not include manufactured housing constructed after June 15, 1976, under the
National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5401, et seq.).
(9) "Local building department" means the agency or agencies of a municipality charged with the
administration, supervision, or enforcement of building regulations, the approval of plans, the
inspection of buildings, or the issuance of permits, licenses, certificates, and similar documents
prescribed or required by state or local building regulations.
(10) "Local legislative body" means the council or commission charged with governing the
municipality.
(11) (a) "Municipal jurisdictional area" means the area within the limits of an incorporated
municipality unless the area is extended as the result of a
special mail ballot election as provided in 13-19-106 and sections 1 through 41.
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(12) "Municipality" means any incorporated city or town and its jurisdictional area as defined in
this section.
(13) "Owner" means the owner or owners of the premises or lesser estate, a mortgagee or vendee
in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm, or
corporation in control of a building.
(14) "Primary function area" means an area of a building or facility in which a major activity for
which the building or facility is designed is carried out. Primary function areas include but are not
limited to a customer service lobby of a savings institution, a cafeteria dining area, and meeting
rooms of a conference center. Areas that are not primary function areas include but are not limited to
boiler rooms, storage rooms, employee lounges, janitorial closets, entrances, corridors, and
restrooms.
(15) "Public building" means a building or facility owned or operated by a governmental entity or
a private sector building or facility that is open to members of the public.
(16) "Public sidewalk" means a sidewalk located in a public right-of-way.
(17) "Recreational vehicle" means a vehicular type unit primarily designed as temporary living
quarters for recreational, camping, or travel use that either has its own mode of power or is mounted
on or towed by another vehicle, including but not limited to a:
(a) travel trailer;
(b) camping trailer;
(c) truck camper; or
(d) motor home.
(18) "Site" means a parcel of land bounded by property lines or a designated portion of a public
right-of-way.
(19) "State agency" means any state officer, department, board, bureau, commission, or other
agency of this state.
(20) "State building code" means the state building code provided for in 50-60-203 or any portion
of the code of limited application and any of its modifications or amendments."
Section 7. Section 50-60-301, MCA, is amended to read:
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"50-60-301. Municipal and county building codes authorized — exception — health care
facility and public health center doors. (1) Except as provided in s_ubsectio_n (21 Ue the local
legislative body of a municipality or county may adopt a building code by ordinance to apply to the
municipal or county jurisdictional area.
(2) A muni6pality_may not admit a building code by ordinance that applies to a municipal
jurisdictional area that extends beyond the corporate limits of the municipality unless a majority of
qualified electors from the affected area have approved the extension of jurisdiction through a sped
mail ballot election as provided in 13-19-106 and sections 1 through 41, A municipal or county
building code may include only codes adopted by the department.
(3) Any provision of a building code requiring the installation or maintenance of self -closing or
automatic closing corridor doors to patient rooms does not apply to health care facilities as defined in
50-5-101 or to a public health center as defined in 7-34-2102."
Section 8. Section 50-60-302, MCA, is amended to read:
"50-60-302. Certification of municipal and county building codes. (1) A county or
municipality may not enforce a building code unless:
(a) the code enforcement program has been certified by the department as in compliance with
applicable statutes and department certification rules and, if to program is applicable to an area
bond the corporate limits of a munici�alit�a majority of qualified electors in the affected area
have voted to approve municipal building code iurisdiction:
(b) the current adopted code, a current list of fees to be imposed, and a current plan for
enforcement of the code have been filed with and approved by the department; and
(c) all inspectors inspecting or approving any installations, which if accomplished commercially
require state licensure, must themselves be properly and currently state -licensed as journeymen in
that craft or occupation or be certified by a nationally recognized entity for testing and certification of
inspectors that is approved by the department before being permitted to inspect or approve any
installations.
(2) The department shall adopt additional rules and standards governing the certification of
municipal and county building code enforcement programs whigh that must include provisions for
prompt revocation of certification for refusal or failure to comply with any applicable statute or rule.
The department may allow a county or municipality a reasonable amount of time, not to exceed 6
months, to correct identified code enforcement program deficiencies, unless the deficiencies
constitute an immediate threat to the public health, safety, or welfare, in which case the department
may require immediate correction. Failure to correct deficiencies within the time set by the
department constitutes a basis for immediate decertification of the code enforcement program.
Continued operation of a county or municipal code enforcement program in violation of a department
order to correct deficiencies may be enjoined or subject to a writ of mandamus by a judge of the
district court in the jurisdiction in which the county or municipality is located. The rules and
standards must include provisions for the department to ensure that all code enforcement program
functions are being properly performed.
(3) In addition to maintaining the continued compliance oversight required in subsection (1), the
department shall require a detailed and fully documented annual report from a local government with
a certified code enforcement program to ensure continued local government compliance with all
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requirements of applicable statutes and rules. If review of the annual report identifies compliance
problems, the department shall immediately conduct an onsite evaluation.
(4) If the certification of any local government code enforcement program is revoked for any
violation or deficiency, the state resumes its original jurisdiction for state building code enforcement
within the municipal or county area and the local government retains the responsibility for
completion of inspections and issuance of certificates of occupancy on any incomplete construction
projects previously permitted by the local government, unless the reason for the decertification is
directly related to the protection of health, safety, and welfare of the public.
(5) If a local government voluntarily decertifies its code enforcement program, the department
must be given written notification of the intended decertification at least 90 days prior to the date of
decertification. The local government retains the responsibility for completion of inspections and
issuance of certificates of occupancy on any incomplete construction projects permitted by the local
government prior to decertifying its code enforcement program."
NEW SECTION. Section 9. Codification instruction. [Sections 1 through 4] are intended to be
codified as an integral part of Title 50, chapter 60, part 3, and the provisions of Title 50, chapter 60,
part 3, apply to [sections 1 through 4].
NEW SECTION. Section 10. Contingent voidness. If Constitutional Initiative No. 75, enacting
Article VIII, section 17, of the Montana constitution is declared invalid, then the bracketed language
in [section 2(3)(b)] is void.
NEW SECTION. Section 11. Effective date. [This act] is effective on passage and approval.
;"b
Latest Version of HB 91 (HB0091.02)
Processed for the Web on January 20, 1999 (1:14PM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is
reprinted. See the status of this bill for the bill's primary sponsor.
Status of this Bill 11999 Legislature I Leg. Branch Home
This bill in WP 5.11 All versions of all bills in WP 5.1
Prepared by Montana Legislative Services
(406)444-3064
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