1. Ordinance 1601 - International Building Codes - 2nd ReadingCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7740 Fax (406)758-7758
REPORT TO: The Honorable Mayor and City Council
FROM: Craig Kerzman, Building Official
James H. Patrick, City Manager
SUBJECT: ordinance 1601 — Second Reading
MEETING -DATE: March 1912007
BACKGROUND: Each time the State deletes, adopts, amends or updates codes or administrative rules,
the City, in order to maintain its certification to enforce codes, must amend, within 90 days, its code adopting
ordinance to reflect the changes made by the State (ARM 24.301.202). Effective January 26, 2007, the State
began enforcing the 2006 codes in its jurisdiction outside of the Kalispell city limits. By .April 26, 2007,
Kalispell must adopt the same codes and begin enforcing them within the city limits.
When the Kalispell Building Department received notice from the State, it sent letters to all of the
contractors on the mailing list, advised them of which codes would be adopted and set an approximate
effective date. The letter also listed various sources where code books and other reference materials could be
purchased. Although the letter contained a brief explanation of the staggered effective dates between the
State's and the City's jurisdictions, the calls we received were not about the codes but about the relationship
hctween the City and State programs and the staggered enforcement dates.
To inform people about the changes between the 2003 and 2006 codes the State conducted free building
and residential training sessions in Bozeman and Missoula, and plumbing code training at several locations
including Kalispell. More free training sessions will be conducted in April. To promote a smooth transition
between the 2003 and the 2006 editions of the codes, projects that were designed and submitted under the
2003 edition will be permitted and constructed under the 2003 codes.
Neither positive nor negative comments were received regarding this proposed code adoption.
RECOMMENDATION: The City Council passes second reading of Ordinance 1601
FISCAL IMPACT:
ALTERNATIVES:
Respectfully submitted,
Craig kirzman
Building Official
None
As suggested by Council
ames 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 24.301.1319
24.301.138, 24.301.142, 24.301.146, 24.301.154, 24.301.1719 24,301.172, 24,301,173, 24.301.2081,
24.301.3019 24,301.6029 24.301.7109 24.301,7149 24,301.717, 24.301.718, AND 24,301.719, AND THE
ADOPTION OF NEW RULE I AS THEY MAY PERTAIN TO THOSE PORTIONS OF THE
"INTERNATIONAL BUILDING CODE (IBC)", 2006 EDITION, THE "INTERNATIONAL
RESIDENTIAL CODE (IRC)", 2006 EDITION; THE "INTERNATIONAL EXISTING
BUILDING CODE", 2006 EDITION; THE "INTERNATIONAL MECHANICAL CODE", 2006
EDITION; THE "INTERNATIONAL FUEL GAS CODE99 9 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
24.301.101 through 24.301.905, and specifically the amendments to the ARM at 24.301.131, 24.301.138,
24.301.142, 24.301.146, 24.301.154, 24.301.171, 24.301.172, 24.301.173, 24.301,208, 24.301.301,
24.301.602, 24.301.710, 24.301.714, 24.301.717, 24.301.718, 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 H. 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 Dept on file in the office of the City Clerk for
inspection by the public.
SECTION IIL 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 V111. 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