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2. Ordinance 1499 - International Building Codes - 2nd Reading"M Post Office Box 1997 • Kalispell, Montana 59903-1997 - Telephone (406) 758-7700 • FAX (406) 758-7758 REPORT TO: FROM: SUBJECT: MEETING DATE: BACKGROUND: The Honorable Mayor Kennedy and City Council Craig Kerzman, Building Official Chris Kukulski, City Manager Ordinance 1499 — 2nd Reading June 7, 2004 In order to maintain current building codes the State of Montana Department of Labor and Industry (DOLI) through its Building Codes Bureau adopted and/or amended for statewide use the attached list of referenced codes and administrative rules. Other than the Uniform Plumbing Code which was retained for use, all other Uniform codes have been replaced by International codes. 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 code adopting ordinance to reflect the changes made by the State. (ARM 24.301.202) On May 17, 2004, City Council passed first reading of Ordinance 1499. RECOMMENDATION: The City Council passes second reading of Ordinance 1499. FISCAL IMPACT: bone. ALTERNATIVES: As suggested by Council Respectfully submitted, F, V Craig Kerzman Building Official Date prepared: June 3, 2004 Chris A. Kukulski City Manager ORDINANCE NO. 1499 AN ORDINANCE TO AMEND ORDINANCE NO. 1444 ADOPTING, BY REFERENCE, THE "INTERNATIONAL BUILDING CODE (IBC)", 2003 EDITION, THE "INTER- NATIONAL RESIDENTIAL CODE (IRC)", 2003 EDITION; THE "INTERNATIONAL EXISTING BUILDING CODE", 2003 EDITION; THE "INTERNATIONAL MECHANICAL CODE", 2003 EDITION; THE "INTERNATIONAL FUEL GAS CODE", 2003 EDITION; AND THE "UNIFORM PLUMBING CODE", 2003 EDITION, 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 L There is hereby adopted by reference, Administrative Rules of the State of Montana; ARM 24.301.101 through 24.301.905 as same may be currently effective. SECTION II. There is hereby adopted by reference, the "International Building Code (IBC)", 2003 edition, as amended by ARM 24.301.131(1) through (3), ARM 24.301.146(1) through (42) and Appendix Chapter C, 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. SECTIONIII. There is hereby adopted, by reference, the "International Residential Code (IRC)", 2003 Edition, as amended by ARM 24.301.154(1) through (10), 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 Edition, as amended by ARM NEW RULE I, ARM 24.301.171, 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 ARM NEW RULE 11, ARM 24.301.172(1) through (6). 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", 2003 Edition, as amended by ARM NEW RULE III, ARM 24.301.173. 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 There is hereby adopted, by reference, the "Uniform Plumbing Code", 2003 Edition, as amended by ARM 24.301.301(1) through (2). 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 7TH DAY OF JUKE, 2004. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk