2. Ordinance 1669 - Certificate of Occupancy - 1st ReadingPlanning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Tom Jentz, Director
Jane Howington, City Manager
SUBJECT: Ordinance 1669 requiring Residential Certificate of Occupancy prior to
occupancy
MEETING DATE: September 21, 2009
BACKGROUND: The city council, at the September 8 council work session directed staff to
pursue a formal Certificate of Occupancy (C/O) program for new residential construction. At
that meeting staff had presented a lockable water meter valve that would limit water flows
during new construction. Upon the issuance of a C/O by the Building Department at the end
of construction, the lock on the water meter would be removed and full water flow established.
While this is a very real deterrent to new residential construction being occupied prior to the
issuance of a C/O, staff indicated that they also wanted to come before the council with an
ordinance which required the issuance of a C/O prior to occupancy of residential construction
as well. That ordinance is attached for your review. The ordinance makes occupancy of a new
residential unit without the issuance of a C/O a civil infraction.
Recommended actions:
Adopt ordinance 1669 making the occupancy of a residence or residential unit (new
construction) without a C/O a civil infraction.
Respectfully submitted,
Thomas R. Jentz
Director
c: Theresa White, Kalispell City Clerk
Jane Howington
City Manager
AN ORDINANCE TO REQUIRE A CERTIFICATE OF OCCUPANCY PERMIT PRIOR Tie
OCCUPANCY OF NEW RESIDENTIALr �;
KALISPELL, OF SUCH A CIVIL INFRACTION,1.
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Kalispell has adopted the International Residential Code (IRC), 2006
Edition, as amended by the Administrative Rules of Montana as its residential building
code, which code requires the issuance of and possession of a certificate of occupancy
permit prior to actual occupancy of new construction; and
WHEREAS, it is the intention of the Council of the City of Kalispell that the certificate of occupancy
requirement apply to all new residential construction within the City of Kalispell; and
WHEREAS, it is also necessary that the City be able to enforce its requirement for a certificate of
occupancy and that it is in the best interests of the City and its residents that the
violation of failing to obtain a certificate of occupancy for new residential construction
be prosecuted as a civil infraction.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS:
SECTION I. No new residential construction within the City of Kalispell shall be occupied
until a certificate of occupancy permit has been obtained from the City of
Kalispell Building Department.
SECTION II. Failure to obtain a certificate of occupancy permit from the City of Kalispell
Building Department prior to occupying new residential construction within the
City of Kalispell shall be deemed a civil infraction and prosecuted by the City
pursuant to KCC 1-I I through KCC 1-17.
SECTION III. This Ordinance shall take effect from and after 30 days of its passage on second
reading by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 5TH DAY OF OCTOBER, 2009.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor