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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 A. u 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