2. Ordinance 1499 - International Building Codes - 2nd ReadingCharles A. Harball
City Attorney
TO:
FROM:
SUBJECT:
MEETING DATE:
City of Kalispell
Office of City Attorney
312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
Mayor Pamela B. Kennedy
and Kalispell City Council
Charles Harball, City Attorney
Chris Kukulski, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
Ordinance 1499 — Roll Call Vote for Second Reading
Monday, June 21, 2004
BACKGROUND: On June 7, 2004, the Consent Agenda included Ordinance 1499,
the adoption of the International Building Codes as a second reading. A review of
the record shows that we inadvertently took the vote on a single voice call rather
than a roll call. As we have discussed previously, the passage of ordinances must
reflect the individual votes. To correct this error we will therefore place this
ordinance back on the Consent Agenda that will put to a roll call vote,
RECOMMENDATION: To my knowledge, this is the first time an ordinance has
slipped through on the Consent Agenda with a voice vote. Generally either the
Chair is going to note the presence of an ordinance on the Consent Agenda and call
for a roll call vote, or, if not, the Clerk or the City Attorney will note and advise of
the omission before the vote is taken. We now have an occasion in which all of the
stars were apparently aligned to foredoom this second reading. Given that we now
know this to be possible, I recommend that we make it a policy to always take a roll
call vote on the Consent Agendas.
FISCAL EFFECTS: None.
Respectfully
Attorney Chris 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:
SECTIONI. There is hereby adopted by reference, Administrative Rules of the State of Montana;
ARM 24.301.101 through 24.301.905 as same maybe 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.
SECTION III. 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.
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", 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 JUNE, 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk