03. Ordinance 1575 - Administrative Rules Amendments - 1st ReadingCity of Kali*sDell
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Post Office Box 199• Kalispell. Mont 90-199- Telephone (06) 758- o • FAX o758-7758
REPORT TO:
FROM:
SUBJECT:
MEETING ATE
BACKGROUND:
The Honorable Mayor Kennedy and City Council
Craig Ker rnan, Building Official
James H. Patrick, City Manager
Ordinance 1 —1 st Reading
May 15,2006
The State of Montana Department of Labor and Industry through its
Building Codes .bureau recently amended, adopted or .repealed the Administrative Rules related
to building codes. While Kalispell is not required to adopt any new codes at this time, we are
required to make some minor amendments to the codes we currently en or c. The change
.s are
made in an effort to accommodate new technology, coordinate with other State agencies,
implement legislation and address problems e .co ntered in caring out programs across the
S tat.
Each time the Mate deletes, adopts, 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)
RECOMMENDATION: The City Council passes first reading of Ordinance 1 .
FISCAL IMPACT: None.
..s suggested by Council
Respectfully submitted,
Craig K r man
Building Official
Date prepared; May 8, 2006
James H. Patrick
City Manager
ORDINANCE NO, 1575
AN ORDINANCE TO AMEND ORDINANCE NO. 14BY ADOPTING, BY REFERENCE, THE
AMENDMENTS TO TAIL ADMINISTRATIVE RULES OF MONT'ANA [ARM] AT 24.301.1389
24.301.146, 24.301.161, 24, 01,172, 24.301.209, 24.301.301, 24. 01.4 � 24. 0 ..42 � 24. 01.4 15
24.301.441, 24- 01.4519 24. 01.4 ., 24.30 ..4 1, 24.301.501, 24.301.558, 24,301,711, 24. 1.71 , AND
24.301- 01, THE ADOPTION OF NEW RULES I THROUGH Ix, AND THE REPEAL OF ARM
24. 0 ..471� 24.301.601, 24.30 . 1.2124.301. 13, 24.301. 14, 24.301. 159 24.301. 21 AND 24.301.622
AS THEY MAY PERTAIN TO THOSE PORTIONS OF TIIL "INTERNATIONAL BUILDING
CODE (IBC)", 2003 EDITION, THE "INTERNATIONAL RESIDENTIAL CODE 1RQ1% 200
EDITION; THE "INTERNATIONAL EXISTING BUILDING CODE", 2003 EDITION; THE
TVINTERNATIONAL MECHANICAL CODEVT, 2003 EDITION; AND THE "UNIFORM
PLUMBING C DP#v, 2003 EDITION, AS PREVIOUSLY ADOPTED BY TIIL CITY OF
KAL SP LL IN ORDINANCE NO. 1499 AS THE BUILDING CODES OF THE CITY OF
KALISPELL, AND APPLICABLE TO TAIL JURISDICTIONAL AREA. 'THEREOF; SUBJECT
TO TILL AMENDMENTS A ADL, ADOPTED AND APPROVED BY TAIL BUILDING- CODES
BUREAU, U, DEPARTMENT OF LABOR AND INDUSTRY, STATE OF ONTAN ; T
PROVIDE A. PENALTY FOR THE ',VIOLATION OF ANY LAWFUL ORDER ISSUED
PURSUANT T THERETO; AND ESTABLISHING AN EFFECTIVE DATE,
PURSUANT TO THE AUTHORITY THE CITY OF KALISPELL UNDER THE PROVISIONS OF
SECTI N 7- 5 -10 8, M.C.A., AND 7- 5 -42025 M.C.A., BE IT ORDAINTED BY THE CITY COUNCIL
THE CITY OF KALISPELL,, MONTA NA., AS FOLLOWS
SECTION I. There is hereby adopted by reference, Administrative Rules of the State of Montana; AR
24.3 0 1. 101 through 24.3 01.9 05, and specifically the amendments to the ARM at 24.301.13 8, 24.3 0. 4 ,
24.301.161, 24,3 1.172, 24-301.209 , 24.301301) 24.3 .401, 24.301.4215 24.3 1.43 5 24.301.4415
24301.45 1 24, 3 1. ■ , 24 4 3 1 Y } i i/ 1. 3 01 t # 24.3 # # 24.3 01. 71 • 24.301.718, and 24.301.801
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the adoption of New Rules I through IX, and the repeal of ARM 24.301.471, 24.301.601, 24.301.612,
24.3 01.3, 24.3 01.14, 24.3 01.615 , 24.301.621 and 24.3 01.622 as they a rtai to those i s of
the building codes previously adopted by the City and as sane ARM may be currently effective.
SECTION 11. There is hereby adopted by reference, the "Inter ati nal Building Code (IBC)", 2003
edition, as amended by the Administrative ive Rules of Montana, set forth specifically above, except for the
penalty portions thereof and except for the fee schedule, which shall remain unchanged.
t least one copy of said document shall be kept on file in the office of the City Clerk for
inspection by the public.
SECTION 1II. There is hereby adopted, by reference, the "International Residential Code RC)", 2003
Edition'. as amended by theAdministrative Mules 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 "Intemational Existing Building Code", 2003
Edition, as amended by the Administrative Rules ofMontana, set forth specifically above, except for the
penalty portions thereof and except for the fee schedule, which shall remain unchanged.
t 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 "Intemational Mechanical Code"', 2003
Edition, as amended by the Administrative Rules of Montana, set forth specifically above.
t 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 " ifor Plumbing Code", 2003 Edition, as
ame .ded 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 VIL 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
r n-Its or their attached -to structures, any fare or ranch building, and any private garage or private storage
structure use only for the owner's own use as provided by § 50- 0--1 o2 .1) (a), MCA..
SECTION VIII. 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 IX. Section 112 of the Intemational 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 of THE
CITY of KALISPELL , MON ANA THIS 15TH DAY of MA."�, 2006.
ATTEST. -
Theresa mite
City Clerk
2
Pamela B. Kennedy
Mayor