2. Ordinance 1575 - Administrative Rules Amendments - 2nd ReadingREPORT
FROM:
SUBJECT:
City of Kalispell
Post OfflceBox 1997 . Kallspelf, Montana 59903x 1 97 , Telephone 6) '- 7 700 * FAX 06
The Honorable Mayor Kennedy and City Council
Craig Krnan, Building Official
Janes H. Patrick, City Manager
Ordinance 1575 — 2nd Reading
MEETING ATE: .dune 5, 2006
BACKGROUND: The State of Montana Department of Labor and Industry through its
Building Codes Bureau recently amended, adopted or repealed certain Administrative Rules
related to building codes. Wile Kalispell is not required to adopt any new codes at this time, we
are required to make some minor amendments to the codes we gently enforce. The changes
are made in an effort ort to accommodate new technology, coordinate with other State agencies,,
implement legislation and address problems encountered in carrying out programs across the
State.
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 its cede adopting ordinance to
reflect the changes made by the State. ARM . .2 2 .
No comments were received since the May 151h first reading.
RECOMMENDATION** The City Council passes second reading of Ordinance 1575.
FISCAL IMPACT* None.
ALTERNATIVES: As suggested by Council
Respectfully submitted,
Craig Kerman
Building Official
Date prepared; May 24, 2006
z
James H. Patrick
City Manager
ORDINANCE No, 1575
AN ORDINANCE TO AMEND ORDINANCE NO. 1499 BY ADOPTING, BY REFERENCE, THE
.AMENDMENTS To THE ADMINISTRATIVE ,RULES OF MON ANA [ARM] AT .3 1.13 ,
24.301.146.) 2 .3 1.1 1, 24301.1729, 2 .3 .2 , 24.301.3019 24,301,401,9 24.301.421., 2 .3 1. 31,
24,301.441, M3 .45112 .3 14 1, 24.301.481, 2 .3 . 01� 24.301.558,24,301,7119 24,301,7189 .AND
24.301.8019 THE ADOPTION OF NEW RULES ES I THROUGH IX, AND THE REPEAL OF ARM
2 .3 1. '1,2 ,3 1. 1, .3 . 22 .3 1* 1 , .3 1# 1 ,2 .3 1. 15,2 .3 1. 21AND2 .3 1. 2
AS THEY MAY PERTAIN TO 'THOSE PORTIONS of THE "INTERNATIONAL BUILDING
CODE (IBC)II I 2003 EDITION, THE "INTERNATIONAL RESIDENTIAL CODE (IRC)"', 3
EDITION- ON- THE "INTERNATIONAL EXISTING BUILDING CODE"', 2003 EDITION-, THE
"INTERNATIONAL MECHANICAL COVE", 2003 EDITION; AND THE "UNIFORM
PLUMBING CODE 1' , 2003 EDITION, AS PREVIOUSLY ADOPTED Y THE CITY OF
KALISPELL IN ORDINANCE No. 1499 AS THE BUILDING CODES OF THE CITY of
KAEIS EEL, ,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 SUANT O THE AUTHORITY of THE CITY of KALISPELL UNDER THE PROVISIONS of
SECTION 7-- -1.08, M. C.A., AND -5-42 2M.C.A., BE IT ORDAINED BY THE CITY COUNCIL of
THE CITY of KAL S ELL, MON T 1 A., AS FOLLOWS:
SECTION I. There is hereby adopted by reference, Administrative Rules or the State of Montana; ARM
2 .30 1. 101 through 2 .301.. 05, and specifically the amendments to the ARM at 24.301.13 , 2 .301,1 6,
24.301.1617 24.301.1.7224.301.209, . 4-301 a 1, .f .. # s 1. . ., 24-301 . 21 .1 2 1 r 1 r i 5 24.301.441.,
2 .301. 1, 2 .301. 1, 2 .301. 1, 2 .301..501., 2 .3 01.5 5 8, 24.301.7 1.1, 2 .301.71.8, and 2 .30 .801,
the adoption of New Rules I through IX, and the repeal of ARM 24.301.471., 24.301.601, 24.301.612,
2 .301- 13, 24.301.61.4, 24.301.615, 2 .301. 21 and 24.301.622 as they may pertain to those portions o
the building codes previously adopted by the City and as sane ARM may be currently effective.
SECTION II* There is hereby adopted by reference, the "International Building Code C)", 2003
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 or the City Clerk for
inspection by the public.
SECTION 111. There is hereby adopted, by reference, the "International tern.ational .esidentia Code (IRC)"', 2003
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", 2003
E id.o , 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"', 2003
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 v # There is hereby adopted, by reference, the "Uniform Plumbing Code", 2003 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 . 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 theft 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 prov.1 e by § 50- - 2 .) (a), MCA.
SECTION vIII. It is unlawfulin . for any person to knowingly, purposey, 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 IX. 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 X. 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 THE
CITY of KALISPELL, M N ANA THIS15TH DAY of MAY, 2006.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor
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