03. Ordinance 1601 - Uniform Building Codes - 1st Reading. ... ..... City of Kalispell Building Department
P. 0. Boy. 1997 Kalispell, MT 5 3-1"7 Telephone 406758-773Q Fax (406)758,7739
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REPORT TO:
FROM:
The Honorable Mayor and City Council
Craig Kerzman, Building Official
James H. Patrick, City Manager
SUBJECT: Ordinance 1601 — First Reading
MEETING DATE: March 5, 2007
BACKGROUND: Every three years the model code organizations publish updated code books. The
2003 codes together with the State mandated amendments are the codes we are now using. This year,
with the exception of The International Energy Conservation Code (EECC), the State adopted the 2006
editions of the major construction codes (International Building Code, International Residential Code,
International Mechanical Cade, International Fuel Gas Cade, International Existing Building Code and
Uniform Plumbing Code) for statewide use. The 2006 IECC will likely be adopted later this summer
after the Building Codes Bureau has had time to review and coordinate with other State agencies.
Each time the State deletes, adapts, amends or updates codes or administrative rules, the City, in order to
maintain its certification to enforce codes, must amend its code adopting ordinance to reflect the changes
made by the State (ARM 24.301.202).
No comments were received regarding this proposed code adoption,
RECOMMENDATION: The City Council passes first reading of Ordinance 1601
FISCAL IMPACT:
ALTERNATIVES:
Respectfully submitted,
Craig Ktfzman
Building Official
None
As suggested by Council
_-J
T4�es H. Patrick
City Manager
ORDINANCE No, 1601
AN ORDINANCE TO AMEND ORDINANCE NO.1575 BY ADOPTING, BY REFERENCE, THE
AMENDMENTS TO THE ADMINISTRATIVE RULES OF MONTANA [ARM] AT 24.301.131,
24.301.1389 24.301.1429 24.301.146, 24.301.154, 24.301.1719 24.301.1729 24.301.1739 24.301.208,
24.301.3019 24.301,602124.301.7109 24.301.7149 24.301.7179 24.301.7189 AND 24.301.719, AND THE
ADOPTION OF NEW RULE I AS THEY MAY PERTAIN TO THOSE PORTIONS OF THE
"INTERNATIONAL BUILDING CODE (IBC)'s, 2006 EDITION, THE "INTERNATIONAL
RESIDENTIAL CODE (IRQ" 9 2006 EDITION; THE "INTERNATIONAL EXISTING
BUILDING CODE", 2006 EDITION; THE "INTERNATIONAL MECHANICAL CODE", 2006
EDITION; THE `INTERNATIONAL FUEL GAS CODE", 2006 EDITION; AND THE
"UNIFORM PLUMBING CODE", 2006 EDITION, AS PREVIOUSLY ADOPTED BY THE CITY
OF KALISPELL IN ORDINANCE NO. 1499 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
BUREAU, DEPARTMENT OF LABOR AND INDUSTRY, 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, Administrative Rules of the State of Montana; ARM
24.3 01. 101 through 24.3 01.905, and specifically the amendments to the ARM at 24.3 01.131, 24.3 01.13 8,
24.301.142, 24.301.146, 24.301.1541 24.301.1715 24.301.172, 24.301.1731 24.301.208, 24.301.301,
24. 3 01.602, 24.3 01.710, 24.3 01.714124. 3 01. 7175 24. 3 01. 718, and 24.301.719, and the adoption of New
Rule I 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)", 2006
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 III. There is hereby adopted, by reference, the "International Residential Code (IRC)", 2006
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 IV. There is hereby adopted, by reference, the "International Existing Building Code", 2006
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", 2006
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", 2006 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 VII. There is hereby adopted, by reference, the "Uniform Plumbing Code", 2006 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 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 IX. 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 112 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 OF THE
CITY OF KALISPELL, MONTANA THIS 19TH DAY OF MARCH, 2007.
Pamela B. Kennedy
Mayor
ATTEST. -
Theresa White
City Clerk